And last night we told you about the decision from the High Court to dismiss the application for judicial review by Shyne Barrow and Alberto August. They wanted to challenge the Elections and Boundaries Department's decision to award competing candidates the same color on the general election ballots.
The case was dismissed because of technicalities - but what happens the next time two persons claim to represent the UDP or any other party?
We asked attorney for the Elections and Boundaries Department Hector Guerra about that:
Jules Vasquez
"However, the substantive issue remains: that the Elections and Boundaries department imperiled the democracy of Belize and the voters of these by putting them in a position where there was not a clear differentiation between candidates who claim to be from the same party."
Hector Guerra, Attorney
"That is something the judge squarely addressed in the judgment. It's not in dispute that there are two factions within the United Democratic Party, and that's recognized. Arguments were advanced in court that dealt specifically with the point which you just raised, that you're leading, leading, you're you're you're not making it clear in terms of which political parties, individuals are voting for. But at the end of the day, it's not disputed by any - certainly by Miss Panton's side - that she is a part of the United Democratic Party."
"The judge in his ruling said he didn't have to go, he didn't have to make a ruling on those arguments. But I can tell you from being present in court and leading the case on behalf of the elections and going with his commission, that those arguments were canvased were advanced. But the judge said, based on those two preliminary points, which were the delay in prosecuting the claim and the fact that it was now moot, he didn't have to go on to consider the substantive arguments."
Jules Vasquez
"So does it then expose a greater problem that political parties in Belize are not formally registered?"
Hector Guerra, Attorney
"No. That, in my view, is not an issue because it's plain across the Commonwealth that political parties are, the root of their formation is as an unincorporated body. It doesn't mean that they lack any less legal validity."
Reporter
"What would happen if that were to repeat itself? So that remains unresolved."
Hector Guerra, Attorney
"Well, no, because as I said from the beginning, it's clear when one reads the legislation, it says the Elections and Boundaries Commission has the power to assign colors to political parties."
"I underscore "parties," it does not say factions within a party. It says a political party."
Reporter
"So it would be contingent on having a ruling perhaps, or a decision otherwise that the the AFD was in fact a separate party."
Hector Guerra, Attorney
"Right. Yes. So that would have to be determined first. And that's not the case."
