Questionable Conduct: The Jamaican Political Reality

Source:Jamaica Observer 4.3.09 Having addressed this matter repeatedly, it now seems almost bizarre for the People's National Party (PNP) to have announced the selection of a person holding dual citizenship to contest the up-coming by-election in the West Portland constituency. This is against the background of a prolonged and continuing litigation involving the Constitution of Jamaica and the dis-qualification of sitting Members of the governing Jamaica Labour Party (JLP). Given the decision of the Court of Appeal - the final arbiter in Election Petition matters - which upheld the Chief Justice’s ruling and dismissed all the appeals, it is indeed less than prudent to open a potential avenue of legal contention to nominate one who is the holder of a Canadian passport. The impression is being openly propagated by some Attorneys and the mass media that the holders of passports from Commonwealth states are not disqualified from being duly nominated; or if a sitting Member, for that s...

There is growing public confusion surrounding the status of Commonwealth citizens and Commonwealth states in the dual citizenship debate. The confusion is fueled by: The basic qualification of being a Commonwealth citizen - Section 39(a); The seat of a member of either house becoming vacant if he ceases to be a Commonwealth citizen - Section 41 (1) (d); The disqualification and vacancy provisions of being under any "acknowledgement of allegiance, obedience or adherence to a foreign Power or State" - Section 40(2)(a) and Section 41 (1)(d) respectively The Constitution of Jamaica is silent on the interpretation to be accorded to the phrase "foreign Power or State". Some attorneys-at-law and public commentators are of the view that Commonwealth states are exempt from the said categorization. The issue is of paramount importance as there are Members owing allegiance to Commonwealth states other than Jamaica in both Houses. The Supreme Court and Court of Appeal are empo...