In a landmark ruling on Friday afternoon, February 17, Supreme Court Justice Oswell Legall refused the application of Yolanda Schakron, the Opposition People’s United Party’s aspirant for the Lake I electoral division, and Moses Sulph (one of those who nominated her), seeking an injunction against Lake I Returning Officer Noreen Fairweather, to stop her from rejecting Schakron’s nomination on the basis of her dual nationality.
Since Belizean law stipulates that dual citizens should not be elected to Parliament, Schakron, who is a US citizen as well as a Belizean, had commenced the renunciation of her US citizenship at the US Embassy in Belize on February 14, but her formal renunciation, she told us, is not due to happen until Tuesday, February 21.
However, on the basis of the objection from a Lake I voter, Schakron’s candidacy was rejected when she attempted to sign in after 10:00 a.m. on Friday.
Her attorney, Lisa Shoman, SC, had filed an application for a Supreme Court injunction on Thursday, and it was heard inter-partes on Friday morning and afternoon.
Representing the Government were Senior Counsels Michael Young and Rodwell Williams. Williams is the law partner of Prime Minister and leader of the ruling United Democratic Party, Dean Barrow. They were joined by two crown counsels from the Attorney General’s office.
Williams and Young maintained to the court that Shoman’s application, made on behalf of Schakron and Sulph, was misconceived, because the process in law to challenge the rejection of a nomination is the filing of an election petition.
Shoman argued, however, that whereas the election petition is set out in law, this does not bar her client from seeking an injunction in court and proceeding on the basis of the constitutional challenge.
The attorney argued that her client was being denied her right to be nominated. Moreover, she contended to the court that the Returning Officer does not have the authority to reject her client on the basis of the nationality issue.
“The qualification issue has to go to an electoral judge,” Shoman insisted.
She told the court that the officer acted ultra vires and unconstitutionally in rejecting Schakron’s application.
The Government attorneys, on the other hand, contended that the client’s constitutional rights have not been breached, because if she wants to challenge her rejection, there is a process of appeal, via an election petition, set out in law. They also cited precedent-setting cases to support their position.
The decision in the case turned on the provision in the election rules which says that the returning officer is to register “duly qualified” candidates.
The judge had to determine exactly what is meant by “duly qualified,” based on the context of the related laws, including the Belize Constitution, which sets out rules for qualifications in section 57 and rules for disqualification in section 58, including 58.1.a. – the dual citizenship disqualification clause.
In his ruling, Legall said, referring to the election rules that “it seems that the intent of that phrase has to relate to section 57 and 58 of the Constitution.”
He added that, “In my view, the Returning Officer in carrying out duties under 3.1 [the election rules] is entitled to consider 58.1.a. of the Constitution in deciding whether the applicant for nomination is a duly qualified candidate.”
The returning officer exercised her power under the rules, the judge said.
“I take the point made by the defendants [arguing for the Returning Officer] that if the view is that the Returning Officer has erred in discharging her duties under the rules and procedures that an election petition to the Supreme Court would be the proper process,” said Legall, before announcing that he would deny the request for the injunction.
Schakron, whose supporters protested in front of the Supreme Court during the proceedings—despite security officers, some of them armed with high-powered weapons—was in tears after the crushing ruling, but she vowed to continue her political and social activism.
Asked if she is willing to support another candidate if the PUP decides it wants to go ahead with a new candidate on Nomination Day, Schakron said, “Definitely! Because I will not allow Mark King to represent the people of Lake I.”
As Attorney Young had mentioned in court, if King’s candidacy was uncontested on Nomination Day, the Returning Officer would have filed a return that same Friday, declaring the results in favor of King that particular day.
However, the PUP had Schakron’s brother, Martin Galvez, nominated in her place. Meanwhile, PUP veteran Carlos Diaz is running as an independent candidate in the same division.
“I will continue working for the people of Belize against injustice,” said Schakron.
“What has happened here today is the Returning Officer has exercised powers that we say she does not have. The court declined to grant an injunction because she had already exercised the powers and because this court believes that there is a right to look at section 58, when the law clearly only speaks of objections on the nomination paper,” Shoman maintained after Legall had announced his decision.
“It is very interesting that the Government has taken this route to take out what they think is a strong candidate—and they must or they would not have made the heroic efforts they made this morning,” said Shoman.
She added that, “The step that Mrs. Shakron has taken and will continue to take [to renounce her US citizen] is an irrevocable step… she has already taken the steps that were needed to show that she is no longer under allegiance to a foreign power.”
Schakron said today that she is now working with her brother, Martin Galvez, as he campaigns in Lake I, but, she said, he has agreed that should she succeed in her challenge to the decision to reject her candidacy, he would step aside to let her run in the General Election on March 7.
Schakron also told us that she will continue the process of renouncing her US citizenship, and she will show up for her appointment at the US Embassy tomorrow, Tuesday.