[2018] CCJ 13 (AJ)
and void and the courts must say so, which the Chief Justice and the Court of
Appeal have done.
[29]
The second concession was made by Ms Alison Burke in her oral arguments before
the High Court. Gibson CJ recounted the concession just before he disposed of the
action:
“However, in the case of Action 2, counsel for the respondents, Ms. Allison
Burke, conceded in argument before me that Prof. Ventose was entitled to
the remedy of mandamus. She took the position, however, that since he had
only filed his application on 4 January 2018, his suit was premature, and
that the respondent was still considering his application, along with the
many others filed. Accordingly, it must be ordered that Prof. Ventose should
be registered with dispatch.
This is the more urgent because section 13 (1) of the ROPA enacts inter alia
that the Commission shall cause to be prepared and shall publish not later
than 31 January in every year a register of electors for each constituency.
Prof. Ventose’s name likely had not been published in the register of
electors in January 2018.”
[30]
Thus, the second issue ultimately concerns whether, having satisfied the conditions
set out in section 7 of the Act and having completed the requisite application form,
Professor Ventose was entitled as of right to be registered. In his view, having
satisfied the requirements, he was a qualified person and entitled to have his name
placed on the register of electors. According to him, this entitlement places a
corresponding duty on the registering officer to place his name on the register of
electors. He submitted that the Court of Appeal ought to have found that the
registering officer had a duty to place his name on the register of electors and,
particularly, in light of the concession made by counsel for the CEO, the court
should have mandated that he do so.
[31]
The Act and the Regulations provide the legal framework relating to how persons
who are eligible to vote are to be treated as well as the role of the EBC and the CEO
in that regard. The relevant sections and clauses are set out below:
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