My letter to the PM at the beginning of the crisis

November 01, 2007

The Hon. Bruce Golding, MP
Prime Minister of Jamaica
Jamaica House
1 Devon Road
Kingston 10

Dear Prime Minister,

I write to express my concerns over the apparent controversy surrounding the candidacy of Prof. Stephen Vasciannie for the post of Solicitor General. I understand that the government is not in favour of the recommendation of the Public Service Commission (PSC) that Prof. Vasciannie be appointed to this office. I gather that one of the principal concerns about Prof. Vasciannie is his supposed lack of litigation experience.

I fear that this imbroglio may have the effect of (a) damaging the office of Solicitor General; (b) undermining the Public Service Commission; and (c) alienating prospective (qualified) candidates for other public service positions.



To the best of my understanding and experience, the Solicitor General is essentially the permanent head of the Attorney General’s Chambers, analogous to a Permanent Secretary of a government ministry. The work of the Attorney General’s Chambers does include managing the government’s litigation, but it has never been my understanding that the Solicitor General must be a litigation specialist. I believe that the role of the Solicitor General is to manage the work the work of the Attorney General’s Chambers, which, I might add, includes more than just litigation matters. In the absence of any evidence to the contrary, I would assume that the PSC operated on the same basis in making its selection.

You have the constitutional right to ask the PSC to reconsider its recommendation. However, the PSC is not obliged to accede to your preferences. Based on the information available to the public, it appears that there is now an impasse between the government and the PSC because of its refusal to reconsider its recommendation of Prof. Vasciannie. Given that Prof. Vasciannie is hardly in a position to publicly defend his candidacy, I believe that this approach of the government is not only unfair to Prof. Vasciannie and the office of Solicitor General, but serves to undermine the constitutional role of the PSC. While it may not be the government’s intention, I have a perception that it is attempting to strong-arm the PSC into selecting another candidate. As you are undoubtedly aware, Prime Minister, the Service Commissions established by the Jamaican Constitution function (at least theoretically), to insulate public service appointments from undue influence by the political directorate of the day. I am concerned that this role is at risk of being undermined by the government’s opposition to the PSC on this issue. As you are aware, the Jamaica Constabulary Force is threatening to oppose any recommendation made by the Police Services Commission of any candidate that does not come from their ranks. Should this come to pass, I am not sure that the government would have the moral authority to demand compliance by the police of the Police Service Commission’s recommendation.

Prime Minister, at this juncture, Jamaica needs the input of its brightest and best minds to help fulfill the vision that you so eloquently articulated at your inauguration. Prof. Vasciannie undoubtedly represents one of those minds.

I would suggest that Prof. Vasciannie’s experience may have the effect of discouraging other young, bright professionals to apply for public service appointments, for fear of their candidacies being considered through the lens of partisan politics, rather than the lens of meritocracy and the rule of law.

Prime Minister, you have taken an oath to defend the Constitution and the laws of Jamaica. Accordingly, I would strongly urge you to take the necessary steps to protect the integrity of the office of solicitor general and the constitutional role of the PSC.

Yours truly,



O. Hilaire Sobers