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Mar 24, 2010

Property rights issue still unresolved in courts

Shoman also spoke about the property rights issue. It was an issue that was challenged in court by a group of landowners, an effort heralded by Sir Barry Bowen, who recently passed away.  On the twenty-eighth of July 2009, the Supreme Court ruled that there should have been a referendum, but according to Shoman, a part of the property rights is still pending.

Lisa Shoman, Attorney

“It also changed a proviso to the property. That was in 2008, In October of 2009, it made more changes to the sixth constitution amendment act even after it had already taken that act through all the stages in the House and the Senate. But it made those changes because following on the heels of this lawsuit, Barry Bowen and a group of landowners, separately, both took cases claiming that the section on property was unconditional and so the government was forced to make those changes. It was not the group of citizens that took the decision to the Privy Council, it was the government that took it to the Privy Council. And the government did so because really and truly they had made I would say ninety percent of changes that needed to be made so therefore when it got to the Privy Council, really and truly, the issue was almost moot. I still believe that there is one more change that has to be made and that is having to do with property and having to do with access to the courts. But the Privy Council declined to rule on this because it says very clearly that the Chief Justice’s decision has not been settled and at some point that will have to be settled.”


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