Case Number DOMHCV2024/0181- Filed in The Eastern Caribbean Supreme Court
An important legal action that has been initiated on behalf of the people of the Commonwealth of Dominica. Case number DOMHCV2024/0181 was 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.
The below is the official press statement outlining the rationale for filing the case and the grounds upon which the challenge is based.
Should anyone require any further information or wish to arrange an interview, please do not hesitate to contact us at [email protected] or (404) 396-4807.
Thank you for your attention to this matter.
Sincerely,
Alvin A. Thomas
Spokesperson
Filing Attorney:
Zahidha I. James
7 Great George Street
Roseau, Commonwealth of Dominica
Press Statement
For Immediate ReleaseSeptember 13, 2024
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, 5th Defendant
Member of the Electoral Commission
Wayne James, 6th Defendant
Member of the Electoral Commission
Lennox Lawrence, 7th Defendant
Member of the Electoral Commission
Alick Lawrence, 8th Defendant
Member of the Electoral Commission
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 Chairman of the Electoral Commission, The Chief Elections Officer, The Attorney General, The Commissioners of the Electoral Commission, and the Dominica Broadcasting Corporation.
The claimants are seeking several declarations, to include 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 were not complied pursuant to 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 provide guidance to citizens and those directly involved in the administration of future elections to ensure that all elections in Dominica going forward are conducted in accordance with 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
For media inquiries, please contact:
Alvin A Thomas
Spokesperson
Email: [email protected]
Ph: (404) 396-4807