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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.

Saturday, May 31, 2008

General update

PSC LITIGATION

On or about April 26, the parties appeared before Ms Justice Marjorie Cole-Smith to settle key case management issues, such as hearing dates. Unbelievably, the attorneys representing the respondents (Golding & Lightbourne) indicated that they would not be available for trial until December 2008. None of the senior lawyers (RNA Henriques, Richard Small) appeared, sending instead their junior, Daniella Gentles. Despite strong objections by the applicants, the judge amazingly acceded to a December date for trial. Was it not obvious to the judge that the respondents have an interest in prolonging these proceedings for as long as possible? And conversely, did it not occur to the judge that the applicants (and indeed the public of Jamaica) have an interest in expeditious resolution of this important issue of public law?




NEW SOLICITOR GENERAL

Douglas Leys has now been installed as the new Solicitor General, as of the beginning of May 2008. It will be interesting to see how well he gets on with the Attorney General. Meanwhile, I am told that the exodus of professionals from the AG's Chambers is likely to continue.






Posted by Hilaire Sobers at 8:14 PM

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