High Court Judge Zainab Jawara-Alami has dismissed a constitutional motion brought by Burney Ryan against the Attorney General of Dominica, questioning, among other issues, whether, in circumstances where there is occasion for the appointment of a Leader of the Opposition, after Senators have been appointed, and no elected member of the House of Assembly appears to command the support of the largest single group of members of the House who do not support the Government, that “the President is obliged to recognize and/or take into account the support of the Opposition Senators in determining who should be appointed as Leader of the Opposition.”
Also, whether, after Senators have been appointed in accordance with section 34 of the Constitution, and the occasion subsequently arises to appoint a Leader of the Opposition, the President is obliged to recognize and/or take into account the votes or support of the appointed senators; and whether the President was obliged to recognize and/or take into account the support of the four Senators who should be appointed Leader of the Opposition
following the resignation of Ms. Jesma Paul-Victor;
In her ruling, the Judge stated that the failure to identify the constitutional provision alleged to have been breached, or to assert a “relevant interest” as required under Section 103, leaves the claim “deficient in both form and substance.”
She also explained that, “While mere technical defects in pleading may not always be fatal, particularly where constitutional issues are involved, a claim must, at a minimum, invoke the jurisdictional basis for the relief sought.
This is especially critical where the claim is not one seeking private law remedies, but rather constitutional declarations against the State. The jurisdiction of the Court cannot be assumed in the absence of a properly pleaded
constitutional foundation.
Applying the foregoing reasoning, this Court finds that the claim fails at the threshold
and the Court accordingly finds:
ORDERS:
The claim against the Defendants is struck out as it is without merit, not properly
invoking the jurisdiction of the Court under Section 103 of the Constitution of the Commonwealth of Dominica;
The issue of locus standi does not arise in the absence of a viable claim;
There shall be no order as to costs on the application.
For the reasons above, I make the following orders on the Defendant’s application filed on 6th January 2025:
The Claimant’s claim filed on 29th October 2024 is struck out; and there is no order as to costs on the application filed on 6th January 2025 or the claim filed on 29th October 2024.