High Court Hears Yet Another Redistricting Case

Seven people have filed a lawsuit against Attorney General Anthony Sylvester and the Elections and Boundaries Department. They want the court to decide if the current electoral boundaries violate the Constitution of Belize. The case was heard today by Justice Tawanda Hondora, who has reserved his judgment. The defendants argue that this issue was already addressed in 2019 when six of the seven claimants brought a similar case, and it should be dismissed. However, the claimants insist this is a new case because the court has not yet ruled on the constitutionality of the current boundaries. News Five’s Paul Lopez reports.

 

Paul Lopez, Reporting

This morning, Justice Tawanda Hondora heard arguments in a case brought by seven people against the Attorney General and the Elections and Boundaries Commission. The claimants are asking the court to declare that the current electoral boundaries violate the Constitution of Belize. Senior Counsel Hubert Elrington represented the claimants, stepping in for attorney Sharon Pitts.

 

Hubert Elrington, Attorney-at-law

“We are saying to the Elections and Boundaries Commission that you have a duty not to hold any old election. Your election must be constitutional and we are going to bring you to the court to compel you to do that if you do not know what your duty is. And, if the attorney general does not know what he should advise you, we are going to bring you, despite his defects and shorting comings. He is the one that should be fighting for us. We were depending on the attorney general to fight for us.”

 

 

Meanwhile, the defendants’ attorneys, Senior Counsel Eamon Courtenay and Hector Guerra, have asked the court to prevent all seven claimants from pursuing the case, arguing that it should be dismissed under the principle of res judicata.  It prevents a case from being tried again once it has been decided by a competent court.  The defendants argue that six of the seven claimants, except for Roody Wade, were claimants in Case Fifty-five of 2019. That case ended with the widely reported redistricting consent order.

 

 

 

Hector Guerra, Attorney-at-law

“We presented arguments on two points. We presented arguments that the matter was res judicata, meaning there was a previous case, the Paco Smith case from back in 2019, which addressed similar issues and which six of the seven claimants today was also involved. We advanced arguments to say that this is abusive, this matter has already been decided by the court and in fact  a consent order was issued by the court that was agreed to by parties and addressed the very same arguments that are being advanced my the claimants, that is malapportionment.”

 

The defendants also argued that although Roody Wade wasn’t a claimant in the 2019 case, he shares a mutual interest and relationship with the original claimants.

 

Hector Guerra

“The simple fact that we are trying to advance, the simple argument that we are trying to make is that Mr. Wade shares a simple interest along with the other claimants. The was aware of the previous claim by way of reading the decision of Justice Nabi. He has advanced evidence by way of affidavits in these proceedings and the relief that was sought in the Paco Smith claim and this claim all surrounds the issue of electoral division.”

 

 

The seven claimants argue that neither the 2019 case nor the 2023 case, where they sought to enforce the consent order, resulted in a final decision on whether the current electoral boundaries are constitutional.

 

Hubert Elrington

“The constitution gives certain powers to the National Assembly, it gives certain powers to the court and to the Cabinet. But it also gives a specific constitutional duty to the elections and boundaries constitution, though shall hold general elections me every five years at the most which are constitutional. The issue as to whether the schedule to the ROPA, the question as to whether the proposal put forward in this purported exercise of its constitutional function of the EBC. That has never come before the law, so it is a new matter. So this idea to strike them out because they are res judicate, they have been heard and dealt with by the court before, is clearly nonsensical.”

 

Notably, prior to the March twelfth general election, Prime Minister John Briceño committed to seeing the redistricting exercise completed within the next two years. A few days after the election, he doubled down on his initial commitment.

 

Prime Minister John Briceño, File: Mar 17^th, 2025

“I said that before the end of 2026, but I suspect, I am giving myself until the end of 2026 but I am aiming for the end of 2025.”

 

 

 

 

 

 

Based on these remarks, Guerra says the ongoing claim is moot.

 

Hector Guerra

“So really this entire case is moot, because the constitutionally envisioned process is now in motion. My instructions are that the Elections and Boundaries Commission is fully prepared and on standby, ready, willing and able to carry out whatever duties they are able to do under the constitution.”

 

Reporting for News Five, I am Paul Lopez.

 

For more information visit:

https://edition.channel5belize.com/bpm-takes-government-to-court-for-lack-of-redistricting/