There's a major disruption to the political status quo threatened tonight - and that's after notice of a new action being launched against government. Trinidadian Senior Counsel Anand Ramlogan wants to compel government to conduct a re-districting exercise before the next general election.
Ramlogan is bringing the action on behalf of three registered voters: Jeremy Enriquez, Rudolph Norales and Jessica Tulcey.
In a 14 page pre-action letter addressed to the Attorney General, the Speaker of the House and the Chairman of the Election and Boundaries Commission, Ramlogan warns the government that it is about to declare the date for a general election - which he says will be illegal because the Briceno administration has refused to carry out a re-districting exercise. That exercise would re-apportion the 31 constituencies to bring them into line with the constitutional requirement that electoral divisions should be more or less equal in size. Currently, government has tabled a Representation of the People (Amendment) Bill to reflect suggested changes in the constituencies but there's been no action to pass it - thus preserving the status quo.
Ramlogan writes, "Should the next election be held based on the existing boundaries, it is liable to be declared invalid and unconstitutional because it breaches section 90."
Ramlogan scolds, "this is nothing but a clear and sinister attempt by the government to steal a march on democracy and undermine the constitution which is the supreme law of Belize. It is a deliberate attempt to distort, thwart and frustrate the democratic will of the people of Belize by a process of artificial social engineering that seeks to preserve the existing electoral status quo because it favors the ruling party. This represents a clear and present danger to democracy...It amounts to conduct by the state that is arbitrary, manifestly unfair and highly irrational. It is deliberate maladministration for an improper purpose and reeks of bad faith."
And after the drubbing, Ramlogan concludes "The continuing failure to act on the recommendations made by the Elections and Boundaries Commission could only be for an improper purpose, namely, maintain illegal boundaries to engineer an anticipated favourable outcome for the ruling party to the detriment of the constitution, the rule of law and the public interest...
The present situation is one that is plainly inconsistent with the constitutional prerequisites and it is therefore inevitable that it will result in an invalid and unconstitutional election with wasted votes."
Ramlogan says if he gets no indication That government intends to conduct a redistricting exercise, he will ask the court for a declaration that it would be illegal and unconstitutional for the Elections and Boundaries Commission and/or the State to conduct the next general elections based on the existing electoral boundaries."
The ball is now in the government's court - because Ramlogan indicates that he plans to commence a claim within weeks - depending on the response he gets from government.
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