Questionable Conduct: The Jamaican Political Reality

Sharon Hay-Webster has been a Member of Parliament since 1997. The JLP has filed a claim No. 2010/HCV 06123 in the Supreme Court that Sharon Merle Hay-Webster at Nomination Day, August 7, 2007, was a citizen of the United States of America and therefore was not duly nominated. As such she was in contravention of section 40 (2) of the Constitution of Jamaica. Published Information The claim relies on an article published in the Sunday Gleaner April 27, 2008 , the following are pertinent: Hay-Webster was born in the USA in 1961, had a Haitian mother and a Jamaican father, came to Jamaica as a small child and has lived in Jamaica ever since as an adult applied for and received a US passport in 1987 applied for Jamaican nationality and took the Oath of Allegiance contends that she has "never used a US passport to leave or enter Jamaica " although she has traveled to some 43 countries.[emphasis added] The Contention The JLP's claim, brought in the name of Devon McDaniel - the

It is being contended that on nomination day Ian Hayles had a valid US passport and was a citizen of the USA. Accordingly he could not have been properly nominated and following the recent established precedents his seat ought to be declared vacant. The response has been that the court has no jurisdiction over such a matter as the time prescribed for election petition challenges has duly expired. That defence is procedural, however if Hayles had irrevocably renounced his US citizenship and surrendered his US passport before nomination day then such would have been a complete defence. Court of Appeal Judgment