[2018] CCJ 13 (AJ)
contrary to law, failed to observe procedures required by law, an abuse of power,
in conflict with ROPA and the Constitution of Barbados, an error of law and a
breach of or omission to perform a duty under the AJA. The CEO argued inter alia
that the action filed by Professor Ventose was premature because he failed and/or
refused to await a decision and failed to make a written request for information
regarding his registration status. As a result, there was no administrative act or
omission and his application for judicial review amounted to an abuse of process.
[10]
Gibson CJ found that there were three issues to be determined, (i) whether
Professor Ventose had locus standi to bring an action for judicial review, (ii)
whether he was entitled to judicial review and (iii) what remedies were appropriate
in the circumstances. The Honourable Chief Justice found in favour of Professor
Ventose.
[11]
He pointed out at paragraph [59] of his judgment that the right of Commonwealth
citizens to vote in Barbados had existed since 1950 and that, under clause 6 of the
First Schedule Part II of the Representation of the People (Amendment) Act 196917, to be eligible to vote such a person had to be “ordinarily resident’ in the relevant
constituency. He cited the Prime Minister, the Right Honourable Errol Barrow, in
introducing section 7 of the Representation of the People Act 1971 that forms the
basis for the current ROPA, that for Commonwealth citizens to be entitled to vote
they had to be “a resident in this country legally for a period of three years.” He
further pointed out that what amounts to the requisite “ordinary residence” of a
person is now set out in regulations 6 and 7 of the Representation of the People
(Registration of Electors) Regulations 1990. Essentially, this is the place a person
has adopted as the place of his habitation or home where he intends to return, have
his meals and sleep, temporary absences not causing the loss of ordinary residence.
[12]
He went on to find that the EBC’s policy that Commonwealth citizens could not be
registered as electors unless Barbadian citizens or permanent residents or holders
of immigrant status, precluded Professor Ventose and other similarly placed
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