[2018] CCJ 13 (AJ)
Introduction
[1]
The Intended Appellant, Professor Eddy Ventose (‘Professor Ventose’) was
urgently seeking special leave to appeal the decision of the Court of Appeal of
Barbados rendered on 6 May 2018. Professor Ventose, a Commonwealth citizen
who resides in Barbados, wanted to be entered on the Register of Voters ahead of
the 24 May 2018 general election date. The Court of Appeal directed the Intended
Respondent, the Chief Electoral Officer (‘CEO’), Mrs Angela Taylor, to “make a
determination” on his “claim for registration as an elector in Barbados within 24
hours of May 8th using only the qualification criteria as set out in sections 7 and 11
of Cap 12”, the Representation of the People Act (“ROPA”). These criteria include
residence in Barbados for three years immediately before the qualifying date, 4
January 2018. By letter personally handed to Professor Ventose dated 8 May 2018
the CEO stated that she was not satisfied that he was so resident. She re-iterated
this in her letter of 10 May 2018 to his attorneys in response to their letter dated 9
May 2018.
[2]
As will be shown, the CEO’s statements contradicted the factual findings of the
Court of Appeal and of the Honourable Sir Marston Gibson, Chief Justice as the
judge of first instance. On this basis, Professor Ventose urgently electronically filed
an application after office hours on Friday 11 May 2018 to this court for an order
directing the CEO to register or cause to be registered his name on the register of
electors so that he will be able to vote in the 24 May 2018 General Elections. This
court organised a hearing via video-conference at 11:00 am on Sunday 13 May
2018 and made the required orders in favour of Professor Ventose set out at the end
hereof, stating that reasons would follow shortly. These are those reasons.
Factual Background
[3]
At all material times, Professor Ventose was a St. Lucian national and therefore a
citizen of a Commonwealth country, residing in Barbados for more than three years,
living in the constituency of St James South since April 2010, over the age of
eighteen years old and of sound mind with no criminal convictions. He is the holder