Questionable Conduct: The Jamaican Political Reality

                                      Summary of Interesting Highlights The Court of Appeal has dismissed the appeal of the Leader of Opposition in the House Of Representatives. Andrew Holness was seeking a reversal of the order of the Full Court ( Daye, McDonald Bishop and Batts JJJ) made on 6 February 2015. By that order, it was declared that: “1   ….the request for and procurement of pre-signed and undated letters of resignation and letters of authorization by the Leader of the Opposition from persons to be appointed as Senators to the Senate of Jamaica, upon his nomination, is inconsistent with the constitution, contrary to public policy, unlawful, and is, accordingly null and void . 2   ….the pre-signed and undated letters of resignation and letters of authorization, as well as the manner of their use to effect the resignation of Senators (  the claimant in parti...

                There has been considerable public debate about the Leader of the Opposition, Andrew Holness, decision to appeal the Declaratory Order of the Constitutional Court in the Matter of Arthur Williams v Andrew Holness. In an attempt to expedite the matter, the President of the Court of Appeal, Seymour Panton, has set March 16-17 for the hearing, pushing aside other appeal cases . Such recognises the urgent public interest that attends this constitutional matter. Some have argued that the Leader of the Opposition should just accept the judgement, allow the offended Senators to resume their seats, and unreservedly apologise to the public of Jamaica. Thus this political distraction would fade away as the JLP focuses on matters central to the welfare of the electorate and mobilizing for an electoral victory.   In sum, it is not in the interest of the JLP to have this Senate imbroglio occupy public space for a ...

                                The response of the Senate—the Upper House—to the Declaratory Order by the Constitutional Court in  Arthur Williams v Andrew Holness  [ Claim No. 2012 HCV 06428] is nothing but sheer stupidity . The gist of the findings were a) that the pre-signed undated letters were null and void—ie of no legal effect; b) the Leader of the Opposition has no role whatsoever in the resignation or removal of a Senator; c) Arthur Williams and Christopher Tufton did not resign. The implications are crystal clear: i) Williams and Tufton are still members of the Senate; ii) Nigel Clarke and Ruel Reid were never duly appointed as there was no vacancy. It is not a complicated matter, even though the JLP could have done with a few more Senators. That too would have been inconsistent with the constitution, contrary to public policy, unlawful and, accordingly, null and v...