Questionable Conduct: The Jamaican Political Reality

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...

The Chief Justice of Jamaica has handed down a definitive judgement on the interpretation to be given to section 40 (2)(a) of the Constitution of Jamaica. That judgement is on appeal. However, as it stands, there are very serious implications in respect of composition of the Parliament and the Senate. Inescapable Inferences The judgement has certain inescapable inferences: It is an inescapable inference that any sitting Member of the House of Representatives in possession of a valid US passport is in violation of Section 41(d) and as such that seat shall become vacant. It is an inescapable inference that any sitting member of the House of Representatives that as candidate in the elections who as an adult merely possessed and utilized a US passport (whether obtained fraudulently or not) was ineligible to be properly nominated. That assumes that the candidate did nothing to renounce his allegiance to that foreign State. The Parliament The Speaker has an overarch...