Questionable Conduct: The Jamaican Political Reality

As noted previously Daboudb's submissions are interrelated and intertwined. In responding to Vaz' appeal of the Chief Justice's ruling, Dabdoub submits inter alia: The Respondent Dabdoub being the only candidate qualified to be elected and the only candidate who was duly nominated , is as a matter of law and by operation of the Representation of the People Act and the Constitution of Jamaica to be returned as the duly elected Member to the House of Representatives. Dabdoub, having served Notice of and the facts giving rise to Vaz' disqualification be so notorious and known to the electors that the Respondent should as a matter of law be returned to the House of Representatives. Having regard to the Chief Justice's own interpretation of S.40(2)(a) of the Jamaican Constitution, it is submitted that the Notice of Disqualification met the legal requirements of stating the facts which gave rise to the Appellants Disqualification. It is submitted that the words used in...

The response to Dabdoub's appeal against the Chief Justice's order for a by-election is centred around three main submissions. The concept of "votes thrown away" in relation to Parliamentary Elections being a doctrine reated under the English system of law is incompatible with the nature and structure of the Constitution of Jamaica. Furthermore, the concept of votes thrown away is unconstitutional. The express language of S.40(2)(a) of the Constitution of Jamaica requires a finding that the individual has conducted himself in doing some action which acknowledges allegiance, obedience or adherence to a Foreign Power or State. The facts in the Notice of Disqualification were unclear, indefinite and uncertain . The detailed submissions are set out below: Publish at Scribd or explore others:

Abraham Dabdoub's appeal against the Chief Justice's ruling can be divided into two overlapping and intertwined phases: That the Chief Justice erred in law by failing to award the seat to the only duly nominated candidate on Nomination Day, August 7, 2007 in the constituency of West Portland; and That the Chief Justice erred in law by failing to recognize and properly apply the distinction between " status " and " conduct " in coming to her decision on disqualification based on dual citizenship. Numerous cases on votes being declared to be "thrown away" and the next candidate being duly seated by the court are cited. The detailed submissions are set out below: Publish at Scribd or explore others: Law

Daryl Vaz has appealed the Chief Justice's ruling that: On Nomination Day, August 7, 2007, he was not qualified to be elected to the House of Representatives for the constituency of West Portland; Vaz' nomination on that day in invalid, null and void and of no legal effect. Hence he was not duly returned or elected as a Member of the House of Representatives. In sum the Chief Justice found that Vaz at the time of his nomination was in breach of S.40(2) (a) of the Constitution of Jamaica, viz: " No person shall be qualified to be appointed as a Senator or elected as a member of the House of Representatives who - (a) is by virtue of his own act under any acknowledgment of allegiance, obedience or adherence to a Foreign Power or State " Vaz' appeal against the disqualification based on his dual citizenship is centred around: The Chief Justice failed to give effect to the plain meaning of the words of S.40(2)(a); The disqualification does not apply to dual nationals w...

The arguments are in; they now await judgement of the Court of Appeal - the final arbiter in matters involving the Election Petition Act. The judgement of the Court of Appeal will be decisive as it will affect the fate of a number of the sitting members of the House of Representatives as well as those appointed to the Senate . The most profound effect could be the calling of a series of by-elections or a general election - depending on the ruling of the court. The judgement is expected in early 2009 - in excess of 1 1/2 years since the new Parliament was convened. That cannot be a satisfactory situation where the very composition of the said Parliament is being questioned. The matters in issue involve the interpretation of provisions of the Constitution of Jamaica - ostensibly the supreme court of the land. Dependent on the nature of the ruling, it could be inferred that there has been either a conspiracy to subvert the constitution or a sacrifice of the constitution on the altar of p...