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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.

Monday, April 28, 2008

Commentary on Sunday Gleaner editorial- The PSC and relative morality

The editorial in yesterday's Sunday Gleaner rightly criticized the PM's specious use of 30 year old correspondence between the then PSC (chaired by Prof. Gladstone Mills) and the then Governor General. This correspondence was in relation to Michael Manley's request to the then PSC to resign.

The editorial is the first reference that I have seen in the Jamaican media to the PM's parliamentary reference to the PSC issue. See the editorial at:
http://www.jamaica-gleaner.com/gleaner/20080427/cleisure/cleisure1.html

The editorial captures my own sentiments. However, there was no direct reportage of the text of the letters referred to by the PM. Further, the Sunday Gleaner mysteriously opted not to include any reference to the PM's affidavit in response to the litigation initiated by the fired PSC members. The affidavit makes no reference to these letters, nor is there any indication that the PM had asked the PSC members to resign. I sent an email yesterday to Byron Buckley (the Sunday Gleaner editor)which I have reproduced below:



April 27, 2008

Dear Byron,

I have not had a response to any of my previous emails. However, I do agree with your editorial today on the PM's unprincipled defence of his handling of the PSC issue. A couple things though:

1. As a reader, I would've liked to have seen verbatim excerpts from the letters used by the PM. So far I have seen no reportage by the Gleaner (or any other newspaper) on this. The text of the PM's speech (at the JIS website) only refers to the letters, but not to the quotes themselves. I would be obliged if the Gleaner would consider reproducing the PM's references in full for the benefit of its readers.

2. Once again, I am mystified as the absence of any reference to the PM's affidavit in the editorial. The affidavit has no reference to the "Manley precedent". I would have thought that this might have merited editorial comment. It is legitimate to ask (a) why the PM has applied the Manley precedent to defend his handling of the PSC issue, when he has not done so in defence of the litigation initiated by the dismissed PSC members; (b) why the PM chose to raise this matter at all in parliament just prior to the scheduled hearing of the litigation.

While it is your prerogative to comment on public issues as you see fit, I do believe that you have concomitant obligation to do so in the context of a full disclosure of all the relevant facts/issues at hand.

Best regards,

Hilaire

2 comments:

Anonymous said...

Hilaire...just in case you thought you were alone...here's my take on the PM's ill advised use of the 1977 letter from Prof Gladstone Mills. I completely support your position on this issue and am embarrassed by the silence of people who ought to know and and insist upon better...eg., the lawyers, JFJ etc.

http://butseeyah.blogspot.com/2008/04/prime-ministers-assault-on-public.html

Hilaire Sobers said...

Many thanks for your comments, sorry for the late acknowledgement!