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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.
Showing posts with label news report. Show all posts
Showing posts with label news report. Show all posts

Monday, February 4, 2008

Douglas Leys re-applies for Solicitor General post - RJR - Feb 04, 2008

According to a news report from RJR, Douglas Leys has re-applied for the position of Solicitor General.

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Sunday, February 3, 2008

Sunday Observer story on suit against PM by Daisy Coke, et al- Feb.03, 2008

The Sunday Observer has published an important story centred on the affidavit filed by Daisy Coke in the suit against the Prime Minister, challenging his dismissal of the PSC. It is definitely a must-read.

http://activepaper.olivesoftware.com/Repository/ml.asp?Ref=Sk1PLzIwMDgvMDIvMDMjQXIwMDEwMQ==&Mode=Gif&Locale=english-skin-custom

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Monday, January 28, 2008

Daisy Coke, Pauline Findlay, Mike Fennell & Edwin Jones sue the PM

Four of the five PSC members who were dismissed by Prime Minister Bruce Golding have now filed suit in the Supreme Court to challenge the legality of their dismissals. This was reported today by RJR: http://www.radiojamaica.com/content/view/5012/26/

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Sunday, January 27, 2008

"New" PSC has started advertising for SG

According to an RJR report today, the "new" PSC advertised today for applications for the post of Solicitor General. http://www.radiojamaica.com/content/view/4985/26/

The mutilation of the rule of law continues.

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Tuesday, January 22, 2008

Press release by A. J. Nicholson, QC on reported plan to advertise post of Solicitor General

The Opposition spokesman on Justice, A.J. Nicholson, QC, issued a press release today in response to an earlier news report that the position of Solicitor General is to be advertised in two weeks. I already commented on this in a previous post. Mr. Nicholson was interviewed on RJR on "Beyond the Headlines". I was interviewed on the same programme shortly after Mr. Nicholson. It doesn't often happen, but this time, I entirely agree with the sentiments of Mr. Nicholson, as reflected in his press release, which I reproduce below.






NEWS RELEASE

The reported proposal for the position of Solicitor General to be advertised for a new functionary to be appointed threatens to move Jamaica into that group of countries where the provisions of their constitution – the basic law- may be flouted to meet the wishes of the leader of government.
The peoples of those countries have collectively come to rue the day that they first allowed that kind of incursion to take place.

It is not an easy road to turn back from, once it has been taken.

The Jamaican Constitution obliges the governor general to appoint a solicitor general when a recommendation is made to him by the Public Service Commission.

A properly constituted Commission made such a recommendation to the governor general, which for several months he has failed to act upon, in clear breach of the Constitution. This is obviously on the directive of the prime minister, the head of government, again in breach of the Constitution.

The governor general dismissed that Commission, on the directive of the prime minister. The legitimacy of that dismissal remains to be decided by the Supreme Court of Jamaica.

The prime minister then proceeded to have another Public Service Commission appointed, in a manner that clearly brushed aside the process which was negotiated and agreed upon in the Vale Royal Talks. So, the prime minister now has in place a Commission with four of its membership of five, selected directly by him, to recommend the appointment of a solicitor general, who must then be anointed by him, with a compliant governor general standing by.

Other such appointments will undoubtedly be made in the same manner to fill positions in the public service. The prime minister will then effectively be in control of the public service.

If we the people of Jamaica allow this to pass, we will come to rue our inaction. This is inimical to the workings of the system of Westminster style democracy, to which Jamaica and its people still subscribe. It would mark the beginnings of dictatorial rule.

Contact : A.J Nicholson
Opposition Spokesman on Justice
Tel : 941-1209
Date : January 22, 2008



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Post of Solicitor General to be advertised (again!)

According to a news report today from RJR (http://www.radiojamaica.com/content/view/4821/26/), instructions have been issued for the post of Solicitor General to be advertised in the local press in the next 10 days.




Assuming the accuracy of this story, these instructions emanate from the "new" PSC, perhaps acting on the instructions of the government. This step reinforces the utter contempt that the government/"new" PSC has for the rule of law, and the pending judicial review litigation. As far as I am aware, the Coke-led PSC made a selection that was in accordance with the law. On basis therefore, can the Rainford-led PSC ignore the previous recommendation and commence the process of selection anew? If a new SG is selected by the Rainford PSC, what are the legal implications for his/her appointment, if the courts find that the Coke PSC was unlawfully dismissed? Would that not mean that all decisions and processes emenating from the Rainford PSC are inherently null and void?


The government's contempt for due process and the rule of law seems unbridled. This contempt has victimized Stephen Vasciannie, the Coke PSC, and not least of all the people of Jamaica. Lamentably, many Jamaicans are either indifferent to, or actively supportive of the government's contempt for the rule of law, and by extension, its contempt for the very same people. We just don't seem to get it.





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Friday, January 18, 2008

More litigation by PM

I heard on a radio report today that the Prime Minister has taken steps to appeal decisions made by Supreme Court judges Kay Beckford and Donald McIntosh with respect to current judicial review proceedings initiated by the Leader of the Opposition. I am expect that more details will be forthcoming shortly. I understand that the PM is appealing the decision of Justice Beckford to grant leave to the Leader of the Opposition to grant leave to challenge the PM's recommendation to dismiss the PSC before the Supreme Court. The PM has apparently also appealed the decision of Mr. Justice McIntosh to grant the Leader of the Opposition extra time to file certain documents with respect to the pending judicial review proceedings. When I have more information, I will post it.

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