Jyoti Communication

The main opposition People’s Action Movement (PAM) is St Kitts is going to court to challenge legislation that makes it mandatory for anyone standing as a candidate in an election to first take an oath indicating that she/he does not hold dual citizenship.

PAM leader, attorney Lindsay Grant, said in a radio interview Monday the new legislation is unconstitutional.

Earlier this month, the country's Parliament approved an amendment to the electoral laws, requiring that anyone standing as a candidate in an election, must take an oath that she/he does not hold dual citizenship, or if the person had previous dual citizenship, to swear that it has been renounced, and provide proof of such.

Grant, who held dual citizenship with the United States for many years, announced only days before the passage of the amendment that he had renounced his American citizenship.

His deputy, Shawn Richards, who is the sole PAM legislator, also announced that he too had renounced his ties to the United States.

Section 28 (a) of the St. Kitts and Nevis Constitution says that a person is not qualified to sit in Parliament if she/he is under "any acknowledgement of allegiance, obedience or adherence to a foreign power or state".

Grant said the new law “sets up an additional hurdle for an individual” who is being nominated as a candidate for a general election. He said the change is a mockery of the Constitution since it allows an electoral officer, not a court, to determine whether a candidate is qualified to be nominated for an election.

"That is what we are challenging. We are saying it ultra vires the Constitution and it ought to be struck down by the Court,” Grant said.

The issue of dual loyaties was a factor in Trinidad and Tobago in 2000 when three of the 36 candidates nominated by the then governing United National Congress (UNC) held dual citizenship.

They renounced it before the vote and provided proof but the opposition People's National Movement (PNM) went to court to have the three of them removed as members of Parliament.

The matter never came to a legal conclusion. Prime Minister Basdeo Panday asked the president to dissolve Parliament and call fresh elections. That resulted in a tie with each of the parties winning 18 seats.

Panday tried to negotiate with Manning to form a government of national unity comprising members from both parties, but failed. He left a final decision on the matter in the hands of President Arthur N.R. Robinson who fired Panday and appointed Manning as prime minister on Dec. 24, 2001.