[2018] CCJ 13 (AJ)
“as he satisfied the conditions precedent under section 7 of ROPA”2. He ordered
that Professor Ventose was entitled to costs to be agreed or taxed. On that same
date, the CEO sought and was granted a stay of the Order of Mandamus for 14 days.
[16]
It is to be noted that the Chief Justice’s decision was based upon the requirements
of section 7 of ROPA having been found by him to have been satisfied, including
the requirements of section 7(b) and (d), namely, that Professor Ventose had resided
in Barbados for a period of at least three years immediately before the qualifying
date and had resided in the constituency of St James South for a period of at least
three months before that date. Indeed, the truth of these matters was sworn to by
Professor Ventose in paragraph 2 of his affidavit of 10 January 2018 in support of
this claim for judicial review. This was not challenged in any affidavit by the CEO,
it, perhaps, being thought that his claim would founder on his reliance on his
Commonwealth St. Lucian citizenship when not having permanent residence in
Barbados or immigrant status therein.
Court of Appeal Decision
[17]
On 16 March 2018, the CEO appealed against the decision of the Chief Justice. The
appeal was certified as urgent and it was heard by the full Court of Appeal on 16
April 2018. On 8 May 2018, the Court of Appeal ordered the following in relation
to Professor Ventose’s appeal:
(i)
The declaration ordered in the Ventose appeal is quashed;
(ii)
The order for mandamus in the Ventose appeal is quashed;
(iii)
An order of mandamus in the Ventose appeal directing the appellant to
make a determination on the respondent’s claim for registration as an elector
in Barbados within 24 hours of today’s date using only the qualification
criteria as set out in sections 7 and 11 of Cap. 12.
(iv)
2
Each party to bear its costs in this appeal and in the court below.
At trial, counsel for the CEO conceded that Professor Ventose would be entitled to an order of Mandamus.
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