Sunday, December 14, 2008

Responding to Disqualification Appeal

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 S.40(2)(a) of the Constitution itself clearly denotes that the candidate's qualification is based on his status not of offence or misconduct.
The detailed submissions are set out below:


2 comments:

Anonymous said...

Interesting times ahead. Wondering if the seat will be automatically turned over to Dabdoub or will there be a by-election. If there is a by-election and Dabdoub wins the JLP would be placed in a precarious position indeed.

Anonymous said...

If Vaz's lawyer is right then someone born in the United States of Jamaican parents can offer themselves for election since their birth in the Unired States is not by virtue of their own act. Interesting proposition!