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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.

Wednesday, March 12, 2008

Stephen Vasciannie & Patrick Foster to leave AG's Department

According to media reports, Deputy Solicitors General Patrick Foster and Stephen Vasciannie will be leaving the Atorney General's Chambers. Patrick Foster's resignation was first announced yesterday. His resignation takes effect on June 26, 2008. Stephen Vasciannie leaves at the end of March 2008 when his contract comes to an end. Not surprisingly, the government did not offer to renew Prof. Vasciannie's contract.



Patrick Foster, has been acting as Solicitor General since last year when the government objected to the PSC's recommendation of Stephen Vasciannie as the new Solicitor General. Patrick, together with Douglas Leys were the other two candidates considered for the position at that time. According to an RJR news report today, Patrick is leaving for 'personal reasons'. I suspect that Patrick has just had enough of the political turbulence wrought by the current Attorney General. I can't say I blame him.

The intent of the government, it appears, is to either purge or destroy the AG's Department, all in the name of politics. Jamaica can ill afford to lose the talent and experience of Stephen and Patrick, worse yet at the same time. I fully expect the Department to haemorrhage more talent before long. With the current PSC being beholden to the government, one can expect that the AG will soon have her wish of having loyalists instead of lawyers occupying her Chambers. As has been reported elsewhere, the Dorothy Lightbourne, in her capacity as Minister of Justice has appointed Sherene Golding, the PM's daughter to be her adviser on legislative reform, among other things. Ms Golding has no legal qualifications or experience, save for an undergraduate degree in law from Georgetown University. This is beyond farcical. Jettison Foster & Vasciannie, but elevate the Prime Minister's daughter.

There is a clear agenda on the part of the government to politicize the civil service. I have just received information that another ministry is being positioned to incorporate political loyalists in its civil service ranks. More anon on this.






Posted by Hilaire Sobers at 10:02 PM

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