[2018] CCJ 13 (AJ)
persons from being registered as electors. He found that the conduct of the EBC
and its CEO in giving effect to this policy constituted an administrative act under
section 2 of AJA as it was conduct of a public official purporting to exercise a
power or duty imposed by the Act. As such, Professor Ventose had locus standi as
he was a person whose interests were adversely affected by an administrative act.
[13]
As to the substantive matter, Gibson CJ noted that an analysis of the legal
framework revealed that there were two requirements which must be met in order
for an applicant to be entitled to vote, (i) the applicant must qualify to be an elector
and (ii) the applicant must be registered in the register of electors. So even though
an applicant may qualify, it is still necessary to make an application in the
prescribed form in order to be registered on the register of electors.
[14]
Gibson CJ found that the assertion of the CEO and the EBC that, as a precondition
to being registered, a Commonwealth citizen (other than a Barbados citizen) who
has been resident in Barbados for a period in excess of three years must have the
additional status of being either a permanent resident or a permitted immigrant is
in violation of the language of the Act and sought to insert conditions in the statute
that did not exist. In his view, only the Parliament of Barbados was empowered to
insert such conditions. In support, he cited George Rick James v Ismay Spencer and
Lorna Simon1 where Saunders JA, giving the judgment of the Eastern Caribbean
Court of Appeal, held that where statutory requirements are prescribed (e.g. for
registration as an elector) no discretion exists on the part of a public body to add
extra requirements (e.g. the setting out of the applicant’s occupation).
[15]
The Chief Justice rendered his decision on 26 February 2018. He declared that the
decision not to register Professor Ventose was unlawful as it violated the provisions
of the Act. He made an Order of Mandamus directing the CEO to register Professor
Ventose as an elector to vote in Barbados within 14 days of the date of the Order
1
Civ App No 27 of 2004.
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