Unbiased look at the Sint Maarten Elections
PHILIPSBURG--The Court on Tuesday declared United People's (UP) Party Association and its chairperson and Member of Parliament (MP) Sylvia Meyers-Olivacce inadmissible in the injunction it had filed to obtain a copy of the voting register.
Upon hearing the Judge's decision, UP's lawyers Peggy-Ann Brandon and Brenda Brooks announced they would immediately file a new and similar injunction against Country St. Maarten, which may already be heard as early as today, Wednesday.
The initial injunction was filed against the Minister of General Affairs and the Government of St. Maarten, but as the Judge said, these official "entities" should not have been subjected to the injunction, but Country St. Maarten.
Prime Minister and Minister of General Affairs Sarah Wescot-Williams nor any other cabinet member was present at Tuesday's hearing. The defendants were being represented by policy worker at the Department of Legal Affairs and Legislation Lineke Haandrikman and attorney-at-law Richard Gibson Jr.
In the litigation, UP is seeking a court order to provide the party with a copy of the voting register within three hours after a judgement, against payment of a fine in case of non-compliance.
UP said it had requested a copy of the voting register for the parliamentary election of Friday, August 29, with the Minister of General Affairs on August 13, but had not received a response.
In the Election Ordinance it is stipulated that the Minister of General Affairs is responsible for the registration of eligible voters with the Civil Registry.
The Minister is obligated to provide information about the voting register free of charge to any (authorised) person to enable persons to ascertain whether his or her personal information in the register is correct.
Under Netherlands Antilles' law, copies of the register were also made available to political parties, but this stipulation was not adopted in the Election Ordinance of Country St. Maarten.
UP's lawyers said the party wanted a copy of the voting register, because it needed to ascertain whether information in the register was correct and to be able to reach and inform voters. UP also needed the information to meet its legal obligation to verify if party donors were indeed eligible voters, it was added.
The party rejected objections that making copies of the register available would be in violation of the right to protection of personal information.
"Voting cards are being openly distributed without an envelope and dropped in roadside mailboxes," said Brandon in response.
Government's lawyer recommended the Court to throw out the case and reject the injunction, because government is only allowed to provide information on the voting register in individual cases.
"Government cannot make the full register available to political parties. The privacy of voters is the basic principle," said Gibson.
According to Brandon, UP was not at an equal footing with other parties. She pointed to the fact that Prime Minister Wescot-Williams, who is the number one candidate on the Democratic Party slate, and Head of the Civil Registry Leona Marlin-Romeo, the number two on the United St. Maarten (US) party list, by virtue of their position would both have easy access to the voting register.
"We requested an updated version of the register from the Census Office, but we did not get it. It is my right as president of the party to obtain this information. We have proof that other persons from other political parties had access. We want this as well," Meyers told the Judge.
