[2018] CCJ 13 (AJ)
[37]
Section 16 defers to the procedural requirements in the Regulations which state
that, a registering officer, if satisfied that an individual is qualified, shall cause his
or her name to be entered on the register (regulation 36(3), or if the individual is
not qualified, a notice of refusal is issued and a very specific process ensues
(regulation 36(4). A registering officer was duty-bound to cause Professor
Ventose’s name to be entered on the register as a result of the Court of Appeal’s
determination that Professor Ventose was qualified to be registered because this
meant it was not open to the CEO or a registering officer to investigate the details
on his application form and determine that he was not qualified.
[38]
Accordingly, we ordered the Chief Electoral Officer and/or her agents must cause
Professor Ventose’s name and address to be entered on the register in accordance
with regulation 36 by noon on Monday 14 May 2018.
Disposition
[39]
The Court ordered and declared that:
(i)
The Application for Special Leave to Appeal filed on the 11th day of May
2018 is granted.
(ii)
The application to treat this hearing as urgent is granted.
(iii)
The Application for Special Leave to appeal is treated as the substantive
hearing of the appeal.
(iv)
The appeal is allowed, and the orders of the Court of Appeal are set aside.
(v)
The Court is satisfied that the Appellant has locus standi under sections 6
(a) and (b) of the Administrative Justice Act Cap. 109B to bring a judicial
review application under section 3 of the Act.
(vi)
The long-standing policy of the Electoral and Boundaries Commission in
relation to Commonwealth citizens to register as electors only those persons
who were Barbadian citizens, permanent residents or holders of immigrant
status, is unlawful and ultra vires.
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