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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, July 7, 2008

Congratulations Principal Vasciannie!!

Prof. Stephen Vasciannie has been appointed Principal of Norman Manley Law School, with effect from August 01, 2008. RJR has a news item on this, which I have included in the sidebar of the blog (news articles).

I am immensely proud of Stephen. While there is no doubt as to his qualifications for the job, this talented Jamaican has clearly not allowed the SG debacle to discourage him from finding another way to give service to his country, and indeed his region. Stephen could well have left Jamaica and taken advantage of the multitude of options that are undoubtedly available to him.




One of Stephen's challenges, I am sure, will be to interact with the host Jamaican government. Norman Manley Law School is run by the Council of Legal Education, a regional institution comprising all of the CARICOM countries. It is my fervent hope that malice of the SG debacle does not infect the government's attitude to Stephen in his new role. Another challenge will persuading law students to engage in the practice of law not only as means of making money, but in serving their societies in the cause of justice. Admittedly, I speak from the perspective of a 'cause' lawyer, who has, for the most part, shunned 'conventional' lawyering. Nonetheless, being a minister of justice is the sacred calling of all lawyers, regardless of one is a 'cause' or 'conventional' lawyer. Unfortunately, most of us seem to have forgotten that, given the raft of injustices that generate little if any outrages from the legal profession.

Congratulations Stephen!! And all the very best for a successful tenure. You can be assured of my support in the challenges of leading the Law School in morning of the 21st century.





Posted by Hilaire Sobers at 8:44 PM

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