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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, February 5, 2008

Is it personal, Mr. Golding? By Alison Irvine- Observer- Feb.05, 2008

Today's Observer also features a pointed critique by my wife Alison Irvine of Prof. Vasciannie's removal as chair of the Air Policy Committee. Alison exposes the folly of replacing Prof. Vasciannie, who not only has the qualifications for the job, but whom the government has recognized as having performed creditably during his tenure.




Alison points to the Attorney General's endorsement of Stephen Vasciannie's credentials in international law/international relations at the same time that she was objecting to his selection as SG, because of a purported lack of litigation experience. Certainly, Stephen Vasciannie cannot be disqualified from chairing the Air Policy Committee because of any lack of expertise in international law/relations as regards the formulation of Air Policy.

Noel Hylton, Alison points out, is chair of the Police Service Commission. Like the Public Service Commission, the Police Service Commission was sued for retiring a person in the public interest. The Police Service Commission retired a police inspector in the public interest, but the Supreme Court quashed the decision as unlawful for failure to observe natural justice. Alison rightly questions why the Police Service Commission was not subject to the same treatment as the Public Service Commission, following a similar adverse judicial review (in respect to Lackston Robinson).

The bankrupt order of Jamaican politics continues, despite Mr. Golding's promise of something new and different.


http://activepaper.olivesoftware.com/Repository/ml.asp?Ref=Sk1PLzIwMDgvMDIvMDUjQXIwMDkwMA==&Mode=Gif&Locale=english-skin-custom


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