REPUBLIC vs. REGISTRAR OF POLITICAL PARTIES;EX PARTEPEOPLE’S VANGUARD PARTY [1979]DLHC1634

Date	1979-05-23
Suit No.
Citation No.	[1979]DLHC1634

MENSA BOISON J.

B. E. KWAW-SWANZY FOR THE APPLICANTS.

MRS. BAMFORD-ADDO CHIEF STATE ATTORNEY FOR THE RESPONDENT.

[1979]DLHC1634
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC <o:p></o:p>vs. <o:p></o:p>REGISTRAR OF POLITICAL PARTIES;EX PARTEPEOPLE’S VANGUARD
PARTY<o:p></o:p>[HIGH COURT, SEKONDI]<o:p></o:p>&nbsp;[1980] GLR 316<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
23 MAY 1979<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

B. E. KWAW-SWANZY FOR THE APPLICANTS.<o:p></o:p>

MRS. BAMFORD-ADDO, CHIEF STATE ATTORNEY FOR THE
RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

MENSA BOISON J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF MENSA BOISON J.<o:p></o:p>In these
proceedings, Mr. Kwaw-Swanzy moves on behalf of the People’s Vanguard Party,
for an order of certiorari to quash a decision of the Registrar of Political
Parties (hereinafter referred to as the registrar) and dated 6 April 1979. The
said decision was embodied in a letter exhibited by a copy as K.A.A. 4.<o:p></o:p>The
dispute arose in the following circumstances. Among the several parties founded
in this country lately, in the quest of offering political leadership in civil
government for the Third Republic, was the People’s Vanguard Party (hereinafter
referred to as the party). Under the provisions of the Political Parties
Decree, 1978 (S.M.C.D. 208), the party was registered as a lawful political
organisation and on 9 February 1979 obtained from the registrar a final
certificate of registration marked herein as K.A.A. 1.<o:p></o:p>On 9
March 1979 the registrar wrote by exhibit K.A.A. 2 requesting from the party
certain information, including particulars and location of offices in the
following terms:<o:p></o:p>“9th
March 1979. Registration of Offices I am directed by the Registrar of Political
Parties to ask you to submit to this office by Friday, March 23rd 1979 for
registration as provided by section 14 of S.M.C.D. 208, particulars of the
location of the national, regional, district and constituency offices of your
party. The particulars required are: (1) Location of the office. (2) Name and
address of the owner of the premises in which the office is housed. (3) If the
premises are owned by the party the nature of ownership; (a) lease, (b)
freehold or (c) rented. If rented, how much is the rental; and if bought how
much it was bought for, and when stating also the name, address and nationality
of the owner from whom it was bought. Signed: Secretary.To All Political
Parties.”<o:p></o:p><o:p>&nbsp;</o:p>The
deadline of 23 March 1979 proved rather too short, and following a joint
petition from the political parties, the registrar by a letter dated 27 March
1979, conceded an extension to Wednesday, 28 March 1979. The registrar’s letter
is marked K.A.A. 3; and need not be quoted here.<o:p></o:p><o:p>&nbsp;</o:p>The
obvious uncertainty of the receipt of that letter in good time must have been
apparent to the registrar. It is a matter of public notoriety that as a cure
the registrar caused to be announced on the national radio and television
networks on 24 March 1979, the fact of his having acceded to an extension to
12.00 noon, 28 March 1979. This fact is not controverted by the applicants.<o:p></o:p><o:p>&nbsp;</o:p>Learned
counsel for the respondent was anxious and managed to get the registrar’s
letter to the national mass media requesting announcement of the extended date
tendered as exhibit 1 to prove the date of the registrar’s decision. But in my
view the material point is the date of the public announcement. And since
exhibit 1 was; so to speak, a res inter alios as far as the applicants were
concerned, I pay no regard to it.<o:p></o:p>It is to
be observed that till then the registrar was acting under S.M.C.D. 208, the
enactment then in force, and except for the minor complaint of his inclusion of
particulars of constituency offices in exhibit K.A.A. 2, the applicants do not
complain. Indeed the applicants endeavoured to comply with the registrar’s
demands in exhibit K.A.A. 2, within the extended deadline, on the 28 March 1979;
but as conceded, at about 4.30 p.m. and that being some four hours outside
midday, the particulars were received by the registrar’s office with some
protest.<o:p></o:p><o:p>&nbsp;</o:p>