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EDITORIAL - Golding travelling a dangerous road
published: Thursday | December 13, 2007
Having expectations of new approaches to governance and a curb of prime ministerial power, we find it regrettable that Bruce Golding is ploughing ahead with his attempt at a constitutional putsch.
The Governor-General, Sir Kenneth Hall, it has been reported, has acted on Mr. Golding's recommendation and fired the members of the Public Service Commission, who had resisted his attempt to frustrate their appointment of Professor Stephen Vasciannie as the Solicitor General. Mr. Golding has purportedly charged that the members of the PSC are guilty of misbehaviour.
It is good that they have decided to challenge Mr. Golding's action in court. For much is at stake, not least constitutional order and the broader rule of law.
It is important, therefore, that the courts pronounce on this matter with urgency lest we find ourselves lurching from one constitutional crisis to the other, or that the heavy hand of prime ministerial power becomes imprinted on every public service appointment.
Under the Jamaican Constitution appointments and discipline in the public sectors, except in a few, and narrowly defined areas, rest with the PSC, acting through the Governor-General. The Solicitor General is one of the jobs which is in the power of the PSC to make a recommendation on the appointment of the occupant.
The Constitution does allow the Prime Minister a single request for a review of a proposed appointment, but once the PSC holds fast to its recommendation, that appointment, based on any literate reading of the constitution, should go through. Which is what is applicable in the case of Professor Vasciannie, a Jamaican of high academic achievement and a one-time political colleague of Mr. Golding.
There is good reason why the framers of the Jamaican Constitution vested such power in the PSC. It was clearly an attempt at insulating the professional public service from the political executive.
Mr. Golding is seeking, however, to circumvent this insulation.
First, the PM's political supporters and spokespersons questioned Professor Vasciannie's capacity for the job, arguing that he lacked courtroom experience, as though the search is for some Perry Mason character. What is necessary is a critical understanding of, and capacity to interpret and apply the law. In the end, the opponents of Professor Vasciannie settled on this charade of supposed misbehaviour by the PSC.
It is not good enough, though, merely to throw mud and hope that it sticks. If Mr. Golding believes there has been misconduct among this highly respectable group of Jamaicans, he is bound by duty and decency to say precisely how they misbehaved.
Part of the dribbling accusations against the PSC, too, is that they allowed persons who were not members of the commission to be part of the interviewing and/or selection process. Yet, Section 127 (1) of the constitution does allow the PSC to delegate functions to members, officials or other authorities, once certain procedures for the delegation of those powers are followed.
Mr. Golding has started out on a dangerous road, but he is not yet at the point of no return. He can still retreat. If the Prime Minister genuinely feels that this is an area of the Constitution demanding change, he should place it among his suite of intended reforms.
The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.
published: Thursday | December 13, 2007
Having expectations of new approaches to governance and a curb of prime ministerial power, we find it regrettable that Bruce Golding is ploughing ahead with his attempt at a constitutional putsch.
The Governor-General, Sir Kenneth Hall, it has been reported, has acted on Mr. Golding's recommendation and fired the members of the Public Service Commission, who had resisted his attempt to frustrate their appointment of Professor Stephen Vasciannie as the Solicitor General. Mr. Golding has purportedly charged that the members of the PSC are guilty of misbehaviour.
It is good that they have decided to challenge Mr. Golding's action in court. For much is at stake, not least constitutional order and the broader rule of law.
It is important, therefore, that the courts pronounce on this matter with urgency lest we find ourselves lurching from one constitutional crisis to the other, or that the heavy hand of prime ministerial power becomes imprinted on every public service appointment.
Under the Jamaican Constitution appointments and discipline in the public sectors, except in a few, and narrowly defined areas, rest with the PSC, acting through the Governor-General. The Solicitor General is one of the jobs which is in the power of the PSC to make a recommendation on the appointment of the occupant.
The Constitution does allow the Prime Minister a single request for a review of a proposed appointment, but once the PSC holds fast to its recommendation, that appointment, based on any literate reading of the constitution, should go through. Which is what is applicable in the case of Professor Vasciannie, a Jamaican of high academic achievement and a one-time political colleague of Mr. Golding.
There is good reason why the framers of the Jamaican Constitution vested such power in the PSC. It was clearly an attempt at insulating the professional public service from the political executive.
Mr. Golding is seeking, however, to circumvent this insulation.
First, the PM's political supporters and spokespersons questioned Professor Vasciannie's capacity for the job, arguing that he lacked courtroom experience, as though the search is for some Perry Mason character. What is necessary is a critical understanding of, and capacity to interpret and apply the law. In the end, the opponents of Professor Vasciannie settled on this charade of supposed misbehaviour by the PSC.
It is not good enough, though, merely to throw mud and hope that it sticks. If Mr. Golding believes there has been misconduct among this highly respectable group of Jamaicans, he is bound by duty and decency to say precisely how they misbehaved.
Part of the dribbling accusations against the PSC, too, is that they allowed persons who were not members of the commission to be part of the interviewing and/or selection process. Yet, Section 127 (1) of the constitution does allow the PSC to delegate functions to members, officials or other authorities, once certain procedures for the delegation of those powers are followed.
Mr. Golding has started out on a dangerous road, but he is not yet at the point of no return. He can still retreat. If the Prime Minister genuinely feels that this is an area of the Constitution demanding change, he should place it among his suite of intended reforms.
The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.
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