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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.

Tuesday, April 22, 2008

PM mentions PSC issue during his budget presentation

For reasons best known to the Prime Minister, he elected to mention the controversial replacement of the PSC. I understand that he quoted from some 1976 correspondence by previous Public Service Commissioners. I gather he was attempting to establish that previous Public Service Commissioners had resigned at the request of former PM Michael Manley. Here is the relevant extract from Golding's presentation:




Public Service Commission

The Leader of the Opposition has made some trenchant statements about the replacement of the PSC. That matter is the subject of a challenge in the Supreme Court and, therefore, I will refrain from commenting on the specific charges she has made.
But it may be of interest for me to quote from two letters written to a former Governor-General by members of previous Public Service Commissions.


The actual quotes from the letters are not included in the written presentation, but I am hoping that they are available in the daily newspapers tomorrow.

The Prime Minister appears to be echoing some of his 'surrogates' like Ken Jones and Ken Chaplin, who have previously cited the supposed resignation of previous Public Service Commissioners (at the request of a PM) as if this somehow is relevant to, or supportive of PM Golding's dismissal of the Daisy Coke PSC. Golding never asked the PSC to resign, and indeed initially expressed confidence in the PSC. Why is it that PM chose to mention this issue in the context of a budget debate when the matter is before the courts, as he himself acknowledged?

More anon.

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