Skip to main content

Appealing Dual Citizenship Qualification

Daryl Vaz has appealed the Chief Justice's ruling that:

  1. On Nomination Day, August 7, 2007, he was not qualified to be elected to the House of Representatives for the constituency of West Portland;
  2. 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 who acquire citizenship involuntarily;
  • Expressio unius exclusio alterius;
  • In any event acquisition and travelling on a passport did not amount to acknowledgment of allegiance.
The detailed submissions are set out below:
Labels:

Comments

Post a Comment

Popular posts from this blog

DEA: Contracts with GOJ

Christopher 'Dudus' Coke  reputedly had tremendous wealth, powerful financial and commercial connections locally and internationally.The actual amount, nature, extent and location have never been made public.The proceeds of his drug running would have been strategically laundered with the assistance of shell companies strategically based in facilitating jurisdictions; business and property holdings arranged so as not to reveal the beneficial owner; and wherever possible, business conducted on a cash or barter basis. Coke had many business associates cum partners and substantial contracts with the Government of Jamaica (GOJ). The full extent of his business relationships with the GOJ has never been made public or verified. Nationwide News Network gave some indication of the number of contracts and the spread of government agencies involved: “Records from the Office of the Contractor General show that Incomparable Enterprise, a company owned and operated by Tivoli Gardens don...
4 comments
Read more

"Declaration" Not "Determination"

Both the Prime Minister and the Speaker of the House of Representatives have conveniently confused calls for declaration of citizenship status by Members of either House with the determination of questions as to membership of either House. The Chief Justice of Jamaica has determined that individuals who have renewed their US passports and travelled thereon are disqualified from being validly elected or appointed as a Member of either House. Proponents of the impotence of the Speaker, in the matter of requiring a declaration by individual members, have sought to rely on Section 44 (1) of the Constitution which states: Any question whether - a. any person has been validly elected or appointed as a member of either House; or b. any member of either House has vacated his seat therein or is required, under the provisions of subsection (3) or subsection (4) of section 41 of this Constitution, to cease to exercise any of his functions as a member, shall be determined by the Supreme Court ...
3 comments
Read more