Election Constitutional review case filed

Press Statement

A case numbered DOMHCV2024/0181 has been filed in the Eastern Caribbean Supreme Court, High Court of Justice, in the Commonwealth of Dominica on September 4, 2024.

This case seeks several declarations from the Court concerning the General Elections held in Dominica on December 6, 2019, and December 6, 2022. The aim is to challenge the legality and constitutionality of these elections and to ensure that the democratic rights of the people of Dominica are upheld.

Case Number DOMHCV2024/0181 – Filed In The Eastern Caribbean Supreme Court In The High Court, Commonwealth of Dominica – Submitted Date, September 4, 2024

 BETWEEN:  

Tahira Blanchard of Pointe Michel                                                1st Claimant

Diane Victor of Mahaut                                                                   2nd Claimant

Michael Astaphan of Canefield                                                       3rd Claimant

Nicholas George of Colihaut                                                            4th Claimant

AND:

President of the Commonwealth of Dominica

Sylvanie Burton                                                                                1st Defendant

Chief Elections Officer

Ian Anthony                                                                                      2nd Defendant

The Attorney General of the

Commonwealth of Dominica                                                           3rd Defendant

Duncan Stowe                                                                                   4th Defendant

Chairman of the Electoral Commission

Hilary Shillingford, Member of the Electoral Commission         5th Defendant

Wayne James, Member of the Commission                                   6th Defendant

Lennox Lawrence, Member of the Commission                           7th Defendant

Alick Lawrence, Member of the Commission                               8th Defendant

Dominica Broadcasting Corporation                                             9th Defendant

On Wednesday, September 4, 2024, a significant legal step was taken by a group of concerned citizens from the Commonwealth of Dominica. Diane Victor of Mahaut, Tahira Blanchard of Pointe Michel, Nicholas George of Colihaut, and Michael Astaphan of Canefield have filed a claim in the Eastern Caribbean Supreme Court in the High Court of Justice. The Defendants named in this claim are The President of the Commonwealth of Dominica, The Chief Elections Officer, The Attorney General, The Commissioners of the Electoral Commission, and the Dominica Broadcasting Corporation.

The claimants are seeking several declarations, including a declaration from the Court that the General Elections held on December 6th, 2019, and December 6th, 2022, were unconstitutional.

A declaration that Sections 7(c); 11(3)(c); 11(7)(iii) of the Registration of Electors Act Ch.2:03 of the Laws of Dominica are ultra vires and/or are in contravention of section 33(2) (a) of the Constitution of Dominica.

A declaration that the register of electors used during the 2019 and 2022 elections did not comply with the Laws of the Commonwealth of Dominica rendering the election results of both elections unconstitutional.

This legal action represents a critical moment in Dominica’s democratic history. The claimants, representing a broad cross-section of Dominican society, are challenging the legitimacy of the electoral processes that took place in the aforementioned elections. This challenge is grounded on concerns regarding the constitutionality of the elections and the actions and decisions taken by the Defendants named in the case.

The claimants contend that there were significant irregularities and breaches of the constitutional and legal frameworks governing elections in the Commonwealth of Dominica. They seek the Court’s intervention to uphold the principles of democracy, transparency, and accountability, which are the cornerstones of our nation.

The Claimants’ ultimate aim is that the rulings and decisions of the Court in this matter will guide citizens and those directly involved in the administration of future elections to ensure that all elections in Dominica going forward are conducted by the provisions of the Constitution and relevant laws and most importantly are free, fair and democratic.

This is a matter of great public interest, and it is essential that we, as citizens, are fully informed of the legal processes that safeguard our democratic rights. The claimants are committed to ensuring that the voices of all Dominicans are heard and that justice is served.

The claim will undergo a thorough judicial process in the Eastern Caribbean Supreme Court, where all parties will have the opportunity to present their evidence and arguments. We urge the public and the media to respect this legal process and allow it to unfold in the interest of justice and fairness.

The claimants emphasize that this action is not about political partisanship but rather about the integrity of our electoral system and the fundamental democratic rights of the people of Dominica. We call on all Dominicans to remain vigilant, informed, and engaged as we seek clarity and justice through the courts.

Further updates will be provided as the case progresses.

End of Statement

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