[2018] CCJ 13 (AJ)
Boundaries Commission (‘EBC’) only to register persons as electors who were
Barbadian citizens, permanent residents or holders of permitted immigrant status.
Professor Ventose considered this to be a denial of his claim to be registered as an
elector as a lawfully resident Commonwealth citizen since he was neither a citizen,
permanent resident nor a holder of immigrant status. Until the above letter of 8 May
2018, Professor Ventose had not received a formal response to his application.
[7]
On 10 January 2018, Professor Ventose commenced an action for judicial review
by Fixed Date Claim Form. The Honourable Chief Justice, Sir Marston Gibson,
sitting as a judge of the High Court heard oral arguments on 29 January 2018 and
granted the relief sought on 26 February 2018. The CEO appealed against the
decision of the High Court on 16 March 2018. The appeal was heard on 16 April
2018 and a decision rendered on 8 May 2018.
[8]
On 24 April 2018, the writ of General Elections for Barbados was issued by the
Governor General to be held on 24 May 2018. The 19 days following the issuance
of a writ of elections is considered a special registration period. This period ends
on 15 May 2018. However, section 18(3) of ROPA prescribes that the EBC shall
‘no later than 21 days after the issuing of a writ for an election’ publish a register
of electors or final voters’ list. It was submitted that if Professor Ventose is not on
the voters list when the final list is published, he will not be able to vote in the
General Election.
High Court
[9]
Professor Ventose applied to the High Court under the Administrative Justice Act,
Cap 109B (‘AJA’) by way of Fixed Date Claim Form on 10 January 2018. He
applied for judicial review and sought a declaration that, being a person who had
satisfied the requirements for qualifying as an elector under section 7 of ROPA, he
was a person entitled as of right to be registered as an elector. He also applied for
an order mandating the CEO to register him as an elector. He argued that the
decision or determination or administrative act of the CEO or her agents was