The Tribune

By RASHAD ROLLE

Tribune Senior Reporter

rrolle@tribunemedia.net

LABOUR Director John Pinder is being sued for certifying the results of the Bahamas Public Services Union’s recent election in which BPSU president Kimsley Ferguson and his team were returned to top executive positions.

Attorney Bjorn Ferguson is representing the plaintiffs in the new lawsuit that seeks to persuade the Supreme Court to order a new election.

According to the writ filed, plaintiffs are seeking: “Judicial review in the form of an Order of Certiorari quashing the decision made on the 5th day of October AD 2020 wherein the respondent issued a certificate of results of a ballot under the purported authority of Section 20 of the Industrial Relations Act.

“An order of mandamus directing the Bahamas Public Service Union to hold new elections.

“A Declaration that the 29th September, 2020 Bahamas Public Servixce Elections was unfair and that the decision to certify the election in the circumstances is irrational.

“A declaration that the respondent has acted unfairly and with bias towards the applicants.

“A declaration that the applicants had a legitimate expectation to be furnished with the current voter’s list of the BPSU within three months as was practice and custom for the purpose of the elections.

“A declaration that the use of the BPSU logo as a symbol on the ballot paper is illegal and violates the Parliamentary Elections Act.

“A declaration that the decision to certify an election after being informed about the many irregularities in unreasonable.”

Alexander Burrows Jr, the president of the POWER team that challenged Mr Ferguson’s group, sent a letter to Mr Pinder on September 30 complaining about the election proceedings.

He highlighted Mr Ferguson’s logo choice and complained that the voter registration list of union members was given to his team less than a week before the election “and not the usual three months (ahead of time)”.

For his part, Mr Pinder said yesterday his team does not believe Mr Ferguson’s coalition gained an advantage with their chosen logo. As for the list of union members, he said he does not believe the matter is relevant.

“If they think I am wrong, they have a right to do what they’ve done,” he said. “That’s fine. Based on the Industrial Relations Act the registrar has to be satisfied the polls were duly conducted and nobody was disenfranchised. Everybody had the opportunity to vote and I was satisfied that there were no irregularities during the process.”