A legal battle over the future of the island’s two municipalities is to go before the Privy Council in London this year.

According to the Privy Council website, the dispute between the Corporation of Hamilton and the Government of Bermuda over legislation to reform the former will be heard on December 11.

Summarising the case, the website said: “Certain legislative measures were introduced to convert the appellant [the Corporation] into an unelected ‘quango’.

“The appellant brought a claim seeking to challenge these measures, arguing that they were unconstitutional. The Supreme Court of Bermuda rejected the claim.

“The appellant appealed and the Court of Appeal of Bermuda dismissed the appeal. The appellant now appeals to the Judicial Committee of the Privy Council.”

Legal action was launched by the corporation against the Attorney-General and the Governor, alleging that the Municipalities Amendment Act 2019 was unconstitutional.

The Act was designed to convert the corporations of Hamilton and St George into quangos.

Under the legislation, the minister would appoint the mayors and half of the councillors and the other councillors would be appointed by the minister on the recommendation of a selection committee.

The legislation was approved by the House of Assembly, but rejected by the Senate after independent and opposition senators voted against it.

However, the legislation could now be brought back to the House of Assembly and — if approved — be implemented without the support of the Senate.

The corporation argued that the Bill would grant the Government “overwhelming” control of the municipalities and their properties, which would amount to an unconstitutional deprivation of property.

But the Government argued that the municipalities would retain control of their properties as quangos and the legislation would improve co-operation between the corporations and the Government.

Former Chief Justice Narinder Hargun found that the Government claiming control ― even total control ― of the municipalities would not amount to depriving the corporations of property.

The Court of Appeal also found in favour of the Government with Sir Christopher Clarke, the president of the Court of Appeal, stating: “There has been no breach of the corporation’s common law right to the protection of the law.

“Neither the amendment Acts, nor the proposed reform Act, if enacted, contravene Section 13 of the Constitution.”

Charles Gosling, the Mayor of Hamilton, said last year that the total legal costs for the corporation’s side of the battle could reach $500,000.

• It is The Royal Gazette’s policy not to allow comments on stories regarding court cases. As we are legally liable for any libellous or defamatory comments made on our website, this move is for our protection as well as that of our readers