29.5 C
Belize City
Sunday, July 13, 2025

The Primer on the People called Garifuna

by William Ysaguirre (Freelance Writer) BELIZE CITY, Thurs....

FAO helps Belize cooperatives in development

FAO rep. Anna Touza PhD gives ICT...

BEL to buy solar power from BAPCoL

(l-r) BEL Andrew Marshalleck, CEO John Mencias...

High Court loss may leave BPM with big legal tab

GeneralHigh Court loss may leave BPM with big legal tab

Paul Morgan, Redistricting Claimant

BELIZE CITY, Thurs. July 10, 2025

Paul Morgan, one of the seven redistricting claimants of the Belize Peace Movement (BPM), in an interview Tuesday acknowledged the realities facing them, while a formal decision on the way forward after their latest court loss is finalized. They face the possibility of having reached the end of their legal battle, but also potentially being left with a hefty legal bill. There is also the option of appealing, and Morgan stated, “Decisions are being made as we speak.” A release announcing the BPM’s formal position on Justice Tawanda Hondora’s ruling of July 3 on their latest redistricting case is still pending. 

As we reported in our Tuesday, July 8 edition, the claim was dismissed based on the principle of, among others, res judicata, that is, that the latest case was substantially similar to the 2019 claim which concluded with a Consent Order. In that order, both parties agreed that the Elections and Boundaries Commission (EBC) would prepare recommendations to be submitted to the National Assembly by July 17, 2023. As such, the matter is viewed as having been adjudicated and resolved, barring its re-litigation. In an application for enforcement of the Consent Order, another Judge found that the order was complied with, and the BPM’s attempts to have its arguments heard on the unconstitutionality of Schedule 1 of the Representation of the People Act (ROPA) also failed.

While Morgan concedes that the complexities of the legal system – and possibly the strength of the opposing counsel—may have played a role in the case being struck out, he believes the central question for the public is: “What happened here?” He underscored that what truly matters are the consequences or benefits of the outcome. He then explained, “The law must not only be paperwork. We must have injury alleviation, i.e., malapportionment alleviation beyond paperwork. What happened here is that the court has allowed the technicalities to beat the purpose of law. Law should be to alleviate injury.” He affirmed that as a result, “since this case is dismissed, there is hardly any more chance of malapportionment being alleviated in Belize—that one person in Mesopotamia and Albert will have the vote of five persons in Belmopan and South Stann Creek.”

Asked if this is where they stop, Morgan responded, “It will be dependent on the public to say ‘stop here or proceed’ … If the public is willing to support and do what is necessary – do their part, like the media, for example, then maybe something could be worked out, because there is the right to appeal. If not, I know even Jesus was crucified. We are not superhuman, so maybe it is the end of the road in the legal respect. Because if the court can tell you, ‘There is an ongoing injury, but leave, because you are asking too much,’ then it’s going to be difficult to win the case.”

On the matter of costs, Morgan does not believe that it should have been left to be negotiated, given that it is a public interest case. He admitted that they are “very much” concerned that they might be left to shoulder significant legal costs. However, he added, “But there’s a thought among the team that, ‘which is more expensive? Is it more expensive to try or not to try?’ And I think the decisions are still being made even as we speak to answer that question … If we don’t try, then your descendants and my descendants will be left with a democracy that is not.” His personal belief is that “it is worth trying … I don’t believe democracy for a nation is negotiable.”

Given that the Redistricting bill with the July 2023 recommendations from the EBC expired with the conclusion of the last parliamentary session, it is reasonable to expect that the Elections and Boundaries Commission must prepare a new report. When we reached out to the Commission to find out if this was the case, we were told that we would receive a response soon. The bill, which lacked support from both sides of the House of Representatives, stayed in committee and was never brought back for second reading.

Cabinet, in April this year, tasked the Minister responsible for elections and the Attorney General to liaise with the Elections and Boundaries Commission to work on any constitutional amendments needed to carry out a re-divisioning exercise within a year, that is, by April of 2026. We asked Morgan if he has any hope that it will get done. He responded, “Look at history; be sensible and use your judgment. Is it in the interest of those who are running government right now to do that? In fact, is it in the interest of the political parties right now to redistrict and have one man, one vote, fair and free elections?“

Check out our other content

Check out other tags:

International