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The rule of law in Jamaica is under serious threat, following the government's opposition to the appointment of Stephen Vasciannie as Solicitor General of Jamaica, and its subsequent dismissal of the Public Service Commission for alleged "misbehaviour".

Under Jamaica's constitution, the Public Service Commission has the exclusive authority to select persons for appointment to positions in Jamaica's civil service. The Solicitor General is one such position. The Solicitor General has overall administrative responsibility for the running of the Attorney General's Department. The Attorney General is appointed directly by the Prime Minister, and is therefore a political appointee.

In October 2007, Stephen Vasciannie was selected by the PSC for appointment as Jamaica's next Solicitor General. Contrary to Jamaica's constitution, Prime Minister Bruce Golding opposed the selection of Stephen Vasciannie as Jamaica's next Solicitor General. When the PSC refused to back down from its recommendation of Stephen Vasciannie, the PM dismissed the members in mid-December 2007. The Prime Minister claimed that he was dismissing the PSC members for "misbehaviour". Dismissal for "misbehaviour" is possible under Jamaica's constitution. However, the grounds of misbehaviour cited by the PM appear at best to be tenuous, and at worse, a cynical attempt to corrupt the autonomy of the PSC. The dismissal of the PSC has been challenged in the Jamaican courts by the Leader of the Opposition. I note with satisfaction that four of the five PSC members filed suit against the Prime Minister at the end of January 2008. Unfortunately, full trial is not scheduled until December 2008, primarily, if not solely, at the behest of the lawyers representing the AG and PM. In this respect, I do believe that the judiciary has dropped the ball in allowing the hearing to be deferred for so long.

[Editorial note-December 08, 2008- the litigation has now been settled]

I will post a number of news paper stories and articles that have been published on this issue, as well as other relevant information, such as the constitutional provisions that govern the PSC. I will also offer commentary from time to time on developments as they arise.

Most importantly, I do hope that interested Jamaicans and others will use this blog as a forum for the exchange of information and views. Needless to say, disagreement is more than welcome, but not disrespect.

Friday, March 21, 2008

More departures from the AG's Chambers?

Stephen Vasciannie's last day in the AG's Chambers was March 18, 2008. Patrick Foster, as has already been announced, will leave at the end of June 2008. I have now been reliably informed that Nicole Lambert, another senior member of the Chambers is expected to leave in April 2008. At least two or three more resignations are rumoured to be forthcoming.



The AG's partisan campaign of 'shock and awe' is clearly resulting in a 'surge' of resignations and departures, to the detriment of the people of Jamaica. It is no secret that the AG considered that the Chambers had been 'infected' by so-called "PNP" lawyers, and thus, the shock and awe campaign to purge them. Dorothy Lightbourne has diplayed a virulent partisanship that I never suspected was in her. I have known her for many years, and never saw this side to her. Dorothy is fundamentally a weak and insecure lawyer who has no respect for the institutional history of the AG's Chambers, nor for the professionals who staff it. She seems particularly threatened by those who are palpably more competent than she is. So she resorts to tearing them down. She has contrived to have a Public Service Commission that will rubber stamp her whims. Loyalty is her bottom line, not competence. What a tragedy for the the Chambers. What a tragedy for Jamaica.



Posted by Hilaire Sobers at 7:19 PM

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