GO RIGHT AHEAD: Court of Appeal grants leave for govt to take citizenship battle to Privy Council

GO RIGHT AHEAD: Court of Appeal grants leave for govt to take citizenship battle to Privy Council

No ruling on stay of the matter as yet

NASSAU, BAHAMAS — The Court of Appeal (COA) has granted leave to the government to challenge its three-to-two decision to uphold a Supreme Court ruling on citizenship at the Privy Council.

The government is also seeking a stay of the matter to uphold the status quo; however, the Court of Appeal did not rule on this matter and it was adjourned to July 14.

Attorney General Carl Bethel in the Senate on Thursday, June 24, 2021. (BIS PHOTO/PATRICK HANNA)

Attorney General Carl Bethel told Eyewitness News that now that the matter will be forwarded to the highest court in the country, “whatever the law is that is finally determined, we will abide by it and we will do what has to be done in order to facilitate the proper operation of the law”.

The government had sought to appeal a ruling by Supreme Court Justice Ian Winder handed down last May over the true interpretation of Article 6 of the Constitution.

Winder’s ruling deals with separate applications for declarations over the true interpretation of Article 6 of the Constitution, which deems: “Every person born in The Bahamas after 9th July 1973 shall become a citizen of The Bahamas at the date of his birth if at that date either of his parents is a citizen of The Bahamas.”

The applications include a case involving three children born out of wedlock to a Jamaican woman and two children born out of wedlock to a Haitian woman — both cases fathered by Bahamian men.

The appellate ruling dismissed the government’s appeal and awarded costs to the respondents.

All five judges of the Court of Appeal gave written judgments on the matter.

In the days following the initial COA ruling, Bethel advised the Senate that people who fit into the impacted category were presenting themselves to the Parliamentary Registration Department demanding to be registered to vote.

He noted at that time, however, that “nothing has changed as a result of the ruling because the matter is still a matter of contest”.

Attorney Wayne Munroe, QC.

Attorney Wayne Munroe, QC, who represents the five applicants in the matter, also contended that nothing has changed, stating that his clients are still awaiting orders from Winder as it relates to their application.

He noted that even after the initial ruling last May, there were not any specific orders or rulings made that would impact individuals receiving passports or voter’s cards, adding that his main concern is the future of his clients.

“At the end of the day, we have a second step to take, which is the issue of proving the paternity of these children,” he said.

“This is the only [matter] that concerns us directly on the stay.”

Munroe added: “As long as that is stayed, the persons are prejudiced. This thing about other people who are outside these five people applying, nobody else is my clients except these five. So, if the court wishes to make an order that affects other people, well I don’t represent them. I represent these five only.

“My only concern is as to these five and a stay of anything that would regard these five would be to prevent them from going forward.”

About Sloan Smith

Sloan Smith is a senior digital reporter at Eyewitness News, covering a diverse range of beats, from politics and crime to environment and human interest. In 2018, Sloan received a nomination for the “Leslie Higgs Feature Writer of The Year Award” from The Bahamas Press Club for her work with Eyewitness News.