Questionable Conduct: The Jamaican Political Reality

There has been a lot of public debate on the pros and cons of the Prime Minister calling a general election to solve the dual citizenship calamity in which the Government is now embroiled. The circumstances are: Ø Members on both sides of the aisle in the House of Parliament are said to be in possession of dual citizenship – particular valid US passports and have travelled on such since Nomination Day. Ø A number of election petitions regarding the qualification/disqualification of successful candidates are pending in the courts Ø Some Members of the House have taken steps in the revocation process; some have remained silent, hoping that their dual citizenship status cannot be proved via evidence admissible in a court of law. The Prime Minister faces a political dilemma. Ø Does he wait until the court actions have been exhausted? Ø Does he enquire into the citizenship status of all JLP Members of Parliament? Ø Does he play for time by calling a...

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...