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Redistricting Lawsuit Waits for Ashcroft
posted (March 6, 2020)
After a 2-and-a-half week adjournment, the redistricting lawsuit resumed today in the Supreme Court before Chief Justice Kenneth Benjamin.

That's the Supreme Court claim that members of the Belize Peace Movement and other allied Belizeans have brought against the Government and the Elections and Boundaries Commission. They're trying to trigger a redistricting exercise before the next general election is called.

As we've told you, the 31 electoral divisions countrywide are currently disproportional, and they have been that way for years. Some constituencies, like the Fort George Division, are too small, while others, such as Belmopan or Stann Creek West are just too big. The disparity between the sizes goes against what the constitution requires.

The Peace Movement asserts that this goes against the spirit of true democracy, and equal representation and they're trying to urge the Chief Justice to order a redistricting exercise. But, time is fast running out and the 2020 General Elections are due in a few months' time.

So, when the case was called up for case management today, it wasn't ideal that Lord Ashcroft's attorney, Andrew Marshalleck, had to ask the Chief Justice for more time to file their written documents. He is now an interested party in the claim, and he has asserted to the court that he can produce expert witnesses who can assist the judge in coming to an informed decision on this issue. Marshalleck informed the court that they need more time to properly compile the formal statements from these witnesses.

After getting the input from the attorneys for the claimants, and the government as defendants, the Chief Justice adjourned the case until next week Friday, for another case management conference. He has decided to provide them with more time.

After the hearing, we spoke with the attorney for the claimants outside of court, and here's what he had to say:

Arthur Saldivar - Attorney for the Claimants
"The Chief Justice had made it clear that on Wednesday, he's going to hear the application, as it relates to the experts that the court will consider. Once that application is made, and we are made aware of who these experts are, and what their particular expertise is in, in relation to this aspect. Then, it will be for us, the claimants, to give an indication to the court whether we believe any particular 1 or the other would be necessary, or none would necessary. I am looking forward to seeing to affidavits, and going through them. Listen, the fundamental issue here is whether or not, we can have free and fair elections. And the key to that, free and fair elections, is the matter of redistricting. We're all here concerned about the level of corruption in our country. One of the bases on which corruption has become endemic is in the disparities of the constituencies. We've been dealing with money politics for quite a while, and money politics is unfair to us all."

As we've reported, one of the reliefs that the claimants are seeking, if the judge should rule in their favor, is an injunction. That court order would restrain the Elections and Boundaries Commission from holding the next General Elections until after a redistricting exercise is carried out. We've already shown you why the Chairman of the Commission thinks it is unwise to rush through a redistricting before those pending elections. So, we challenged the claimants on a "what if" scenario of that injunction. Here's how that conversation went:

Arthur Saldivar - Attorney for the Claimants
"There's a matter before the court involving the constitutionality or lack thereof of the mechanism through which is elections are to be held. Until that mechanism is made right, we don't need to talk about elections. What we need to talk about is the constitution, and if it is being respected and given the prominence it ought to have, in the democracy that we live in."

Reporter
"I see the point you're making though, sir, but if I am informed properly, there is a deadline that any Prime Minister has in order to call the next general elections."

Arthur Saldivar
"Yeah, there is a deadline, and to be honest, that deadline is not until 2021. So, we have a full year before an election needs to be called. In the normal course of things, the elections should be called in November, but the constitution does allow in particular instances, where there are other issues to be considered, the state of emergency, acts of God, for a 90-day period thereafter for an election to be called. There can be nothing more consequential than getting the process right constitutionally. So, where that is concerned, that is the overriding factor, getting the process constitutionally correct. Otherwise, anything else would be fraudulent. We've been having fraudulent elections for too long."

Reporter
"Let's say for example, that the judge can grant one of the reliefs that your clients for, which is an injunction against the holding of the next general election until this particular redistricting-"

Arthur Saldivar
"We're jumping the gun, man. We're not there yet."

Reporter
"But, the point I'm trying to get at, sir, is in the state of affairs of governing this country, let's say, for example, an injunction is called, and the elections are delayed because of that, what happens to the governing structure of this country in that interim?"

Arthur Saldivar
"Whenever the elections are going to be held, they will be held on time. There will be no delay. It'll be on time."

Reporter
"But sir, you guys want this redistricting done before this election is carried out though."

Arthur Saldivar
"Right, whenever the constitution is respected and given the prominence it requires, the elections will be held on time, constitutionally on time."

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