Lawyer: verification guide ‘appears to target one group’
A guide to verify new Progressive Labour Party members was “unconstitutionally implemented”, a lawyer told the Supreme Court yesterday.
Delroy Duncan KC is representing leadership contender and former finance minister Curtis Dickinson, in a legal dispute over PLP membership that could determine the future of the party.
Mr Duncan argued before Acting Chief Justice Shade Subair Williams that verification procedures put in place by the party were “implemented at a time when it appears to target one group and one group only”.
Mr Duncan had already described the guide as “void” last week in court.
The dispute started after two changes to the PLP membership and delegate process were put forward and approved at an August 24 central committee meeting.
Changes would prevent those who have publicly campaigned against the party in the past two general elections from automatically becoming members and make individuals who have been party members for less than a year ineligible to act as delegates at the upcoming conference and election.
Mr Dickinson, who is running for the leadership against Jason Hayward, the Minister of Economy and Labour, has argued that the process by which the changes were approved went against the party constitution.
Yesterday, Mr Duncan said: “When the court broke for the weekend, two issues were outstanding.
“One was whether or not the source of payment for membership had to be the applicant and, secondly, whether any payments made by the Dickinson campaign can be attributed to individual applicants.”
Mr Duncan’s comments were made after Mark Pettingill, who is representing Dawn Simmons, the chairwoman of the PLP, and Patricia Basden, the party’s secretary-general, revealed that five bulk payments totalling $45,845 made by the campaign for leadership contender and former finance minister Curtis Dickinson had “raised the flag” for party officials.
It was heard that the money was for 1,822 PLP membership sign-ups as a result of the campaigning by Mr Dickinson.
Mr Pettingill questioned whether each application and the payment attributed to it was genuine.
Mr Duncan added that on “proper construction of the PLP constitution”, payment of subscription is “not a condition of joining the party”.
“If that’s the case, then verification of payment cannot be made upon joining.”
Mr Duncan said: “You can submit your application, you can become a member of the PLP, and you’re a member. If you are to participate in any of the activities you need to have paid your subscription fee.”
Mr Duncan further argued that the verification guide was “not constitutionally implemented”.
He said: “It’s becoming a method of excluding people from participating in the activities of the party.”
Responding to concerns over attributing payments to each new member, Mr Duncan added: “I’m sure that the PLP receives hundreds of applications online, they receive a fee from a bank account. Is it the case that every single applicant is going to be called to determine if that was the person paying the fee?”
Concluding for the afternoon, Mrs Justice Subair Williams said: “I’m going to have to consider everything that’s in front of me very carefully.”
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