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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.

Tuesday, January 22, 2008

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.





Posted by Hilaire Sobers at 1:55 PM

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