Questionable Conduct: The Jamaican Political Reality

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

“It is abundantly clear that the Constitution does not confer on every Jamaican citizen the right to be elected as a Member of the House of Representatives.” per McCalla CJ. in Abraham Dabdoub v Daryl Vaz et al. There have been calls to abolish the constitutional provisions which stipulate the requisite citizenship status of the Members of Parliament and Senators. It is being mused that given the age of globalization and the significant financial importance of the Jamaican diaspora, the current provisions are obsolete, inimical to good governance and provide an unnecessary obstacle to the development of the country. It is being proposed that there should be a full public debate and the requisite procedures invoked to amend the now controversial provisions. A Pre-Condition The need for constitutional reform cannot be disputed in light of the changing world environment and the local socio-political realities which a fundamentally different from those informing its conception. It is also ...