PHILIPSBURG - The Legal Case brought by Sylvia Myers-Olivacce as president of the Board of the United People’s Party was thrown out of court on Tuesday.
The UP Party, represented by Peggy-Ann Brandon and Brenda Brooks, took Prime Minister and the Government of Country St. Maarten to court claiming that the Prime Minister and the Government was to be held legally responsible for the voters registry not being released to political parties. The Plaintiffs wanted to order the Prime Minister and the Government to issue the Voters Registry as per a court verdict or risk a fine.
However, the ruling stated that the Civil Court could not accept the plaintiffs’ claim based on the existing laws and ordinances of the country. Based on the Electoral Law the Minister is obligated to give to any individual information on his or her registry in the voter’s registry, but then on an individual basis. Before the constitutional change of the Tenth of October 2010 the voter’s registry was available to political parties upon payment, however this has not been taken up in the new Electoral Laws for country St. Maarten after the constitutional changes of 10-10-10. The only way this would have been possible would have been through the changing of the laws by members of Parliament, something that they failed to do during the past four years.
The Court also established that the Prime Minister was in accordance to all administrative laws of the country when not answering the request to make the voters registry public as well as establishing that the argument of the plaintiffs position to hold the Prime Minister liable for their claim did not have a legal basis; a Minister can only be held liable if his or her actions if he or she goes beyond their functions and can only be made in instances of serious accusations, which was not remotely applicable in this case. (From the Cabinet of the Prime Minister)