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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, December 17, 2008

Epilogue- my last letter to the press on the PSC issue

A week ago I submitted a letter to both Jamaican daily newspapers on the 'settlement' of the PSC litigation. So far neither of them have seen fit to publish it, so I am posting it here for those who are interested.



Dear Editor,

The former PSC members have capitulated to the PM and the AG under the guise of a “settlement”. Contrary to media hype, the PM has not apologized for, or withdrawn his claim of misbehaviour. This capitulation could have been done much more efficiently by simply resigning a year ago instead of pursuing expensive time-consuming litigation. The capitulation of the PSC litigants effectively completes the constitutional castration of the PSC, and sets a precedent for the Prime Minister and his successors to impose their will on other Service Commissions. I don’t see any Service Commission nominating candidates for positions without first checking with Jamaica House.

Alfred Sangster gloatingly characterizes his erstwhile colleagues as “arrogant and stupid” for having the temerity to stand up to the Prime Minister and his Attorney General. Dr. Sangster is certainly entitled to his opinion, but I would suggest that his justification for withdrawing his endorsement of Prof. Stephen Vasciannie is just as susceptible to the label of stupidity, if not arrogance. A year after he was fired, Dr. Sangster still has not mastered the concept of constitutional misbehaviour; he now accuses his former colleagues of ‘sociological and political misbehaviour’, a concept unknown to Jamaican constitutional law.

Piously, Dr. Sangster claims that he was “praying that some solution would come” and that he is “very happy that this has come, so people have to make friends again and people will have to restore relationships and dignity". What Dr. Sangster didn’t mention is that his “prayers” included interjecting himself in the litigation by filing two affidavits in support of the Prime Minister and Attorney General. These affidavits were filed on October 20 and October 23, 2008, less than two months before the scheduled start of the litigation on December 08, 2008.

At the end of the day, all of the ex-PSC members have capitulated to Prime Ministerial tyranny, aggravating the damage already inflicted on the constitution and the rule of law. I hope that future generations will be more forgiving of them than I am.

Yours truly,

O. Hilaire Sobers
ohilaire@yahoo.com
Washington, DC
December 10, 2008

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