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VAZ OUT
Court orders by-election in West Portland
PAUL HENRY, Observer staff reporter
henryp@jamaicaobserver.com
Saturday, April 12, 2008
Jamaica Labour Party (JLP) member of parliament for West Portland Daryl Vaz (centre) speaks to reporters outside the Supreme Court in Kingston yesterday after the chief justice ruled that he should be disqualified as a parliamentarian because of his dual citizenship status. Flanking him are his wife, Anne-marie, and fellow JLP parliamentarian James Robertson. (Photo: Joseph Wellington)
Jamaica Labour Party (JLP) minister Daryl Vaz was yesterday disqualified as member of parliament of the West Portland constituency by the Supreme Court, which, at the same time, dealt a blow to the Opposition's Abe Dabdoub in ordering a by-election to elect a representative.
Dabdoub had, following his defeat in the general elections last year, sought the disqualification of Vaz, while asking the court to hand him the West Portland seat.
Following yesterday's ruling by Chief Justice Zaila McCalla, attorney Gayle Nelson successfully applied for a stay of execution of the by-election ruling, pending an appeal by his client, Dabdoub.
In light of Nelson's application, Vaz' attorney successfully argued for a stay against the order that his client should be disqualified from Parliament with immediate effect.
A 42-day stay of execution was granted to both parties.
An upbeat and confident Vaz told reporters yesterday after court that he would renounce his citizenship in order to contest the by-election whenever it is held.
"That is a must ... when the final appeal is made. That is the first order of business," Vaz said about renouncing his citizenship. ". I have a responsibility to the people who elected me."
Dabdoub had brought the election petition against Vaz, following his defeat in last September's general elections, which saw the unseating of the People's National Party (PNP) administration after just over 18 years in power.
Lawyers for Dabdoub argued in the five-month-long petition, which ended with judgement being reserved in February, that the court should find that Vaz was not qualified to be a parliamentarian because of his allegiance to the United States, which contravenes section 40 of the Jamaican Constitution.
Testimony was given during the election petition that Vaz' renewal and extensive use of his US passport was proof of him acknowledging allegiance to that country.
It was further argued that Dabdoub should be named member of parliament for the constituency because he had, before the September 3 elections, issued the relevant notices, informing electors that a vote for Vaz would be wasted because of his allegiance to the United States.
But attorneys for Vaz argued that their client got his US citizenship through his mother, which was not an act on his part, and as such he should be allowed to remain as member of parliament for the constituency. Furthermore, it was submitted that the Jamaican Constitution allows for dual citizenship.
In addressing the issue of Vaz' allegiance yesterday, McCalla said that the minister's actions in reapplying for, and his extensive travels on, his US passport amounted to acknowledgement of allegiance to the US.
". By the positive acts of renewing and travelling on his United States passport, [Mr Vaz] has, by virtue of his own acts, acknowledged his allegiance, obedience or adherence to the [US] and by virtue of Section 40 (2)(a) he was not qualified to be elected as a member of the House of Representatives," McCalla said in her 53-page judgement.
Quoting from several authorities, McCalla ordered the by-election instead of giving the seat to Dabdoub because the allegations of Vaz' allegiance could not be substantiated at the time the notices were issued, coupled with the fact that Director of Elections Danville Walker had informed voters by way of a press release and subsequent statements that all 146 candidates were properly nominated.
Yesterday's judgement was handed down in a packed courtroom filled with officials from the two major parties, party loyalists and journalists.
Outside the court, jubilant JLP supporters erupted on hearing the news that Dabdoub, who switched allegiance to the PNP before the elections, would not be handed the West Portland seat.
"A so him jus waan tek people seat without working fi it," commented a woman about Dabdoub who had snatched the North East St Catherine constituency from the PNP's Phyllis Mitchell, through the courts, following the 1997 general election.
In Buff Bay, a small seaside town in Vaz' constituency, JLP supporters also rejoiced on hearing of the by-election ruling. They danced in the street to popular songs, including Peter Tosh's Glass House.
The jubilant Labourites were watched by a few PNP supporters, one of whom said he was pleased with the decision as it shows that "the justice system works and the law is there as a guide. We are pleased with the ruling and are ready for the by-election".
In a swift response, the PNP said it was vindicated by the ruling and backed Dabdoub's appeal.
"While respecting the decision of the chief justice, the party is disappointed that the ruling did not award the seat to Comrade Dabdoub." said a statement from Peter Bunting, the PNP's general secretary.
Bunting's statement also quoted Dabdoub as saying, "I intend to appeal the ruling on the basis that the chief justice has erred in law in assessing the effect of the notice and its meaning in law".
- Additional reporting by Erica Virtue
Court orders by-election in West Portland
PAUL HENRY, Observer staff reporter
henryp@jamaicaobserver.com
Saturday, April 12, 2008
Jamaica Labour Party (JLP) member of parliament for West Portland Daryl Vaz (centre) speaks to reporters outside the Supreme Court in Kingston yesterday after the chief justice ruled that he should be disqualified as a parliamentarian because of his dual citizenship status. Flanking him are his wife, Anne-marie, and fellow JLP parliamentarian James Robertson. (Photo: Joseph Wellington)Jamaica Labour Party (JLP) minister Daryl Vaz was yesterday disqualified as member of parliament of the West Portland constituency by the Supreme Court, which, at the same time, dealt a blow to the Opposition's Abe Dabdoub in ordering a by-election to elect a representative.
Dabdoub had, following his defeat in the general elections last year, sought the disqualification of Vaz, while asking the court to hand him the West Portland seat.
Following yesterday's ruling by Chief Justice Zaila McCalla, attorney Gayle Nelson successfully applied for a stay of execution of the by-election ruling, pending an appeal by his client, Dabdoub.
In light of Nelson's application, Vaz' attorney successfully argued for a stay against the order that his client should be disqualified from Parliament with immediate effect.
A 42-day stay of execution was granted to both parties.
An upbeat and confident Vaz told reporters yesterday after court that he would renounce his citizenship in order to contest the by-election whenever it is held.
"That is a must ... when the final appeal is made. That is the first order of business," Vaz said about renouncing his citizenship. ". I have a responsibility to the people who elected me."
Dabdoub had brought the election petition against Vaz, following his defeat in last September's general elections, which saw the unseating of the People's National Party (PNP) administration after just over 18 years in power.
Lawyers for Dabdoub argued in the five-month-long petition, which ended with judgement being reserved in February, that the court should find that Vaz was not qualified to be a parliamentarian because of his allegiance to the United States, which contravenes section 40 of the Jamaican Constitution.
Testimony was given during the election petition that Vaz' renewal and extensive use of his US passport was proof of him acknowledging allegiance to that country.
It was further argued that Dabdoub should be named member of parliament for the constituency because he had, before the September 3 elections, issued the relevant notices, informing electors that a vote for Vaz would be wasted because of his allegiance to the United States.
But attorneys for Vaz argued that their client got his US citizenship through his mother, which was not an act on his part, and as such he should be allowed to remain as member of parliament for the constituency. Furthermore, it was submitted that the Jamaican Constitution allows for dual citizenship.
In addressing the issue of Vaz' allegiance yesterday, McCalla said that the minister's actions in reapplying for, and his extensive travels on, his US passport amounted to acknowledgement of allegiance to the US.
". By the positive acts of renewing and travelling on his United States passport, [Mr Vaz] has, by virtue of his own acts, acknowledged his allegiance, obedience or adherence to the [US] and by virtue of Section 40 (2)(a) he was not qualified to be elected as a member of the House of Representatives," McCalla said in her 53-page judgement.
Quoting from several authorities, McCalla ordered the by-election instead of giving the seat to Dabdoub because the allegations of Vaz' allegiance could not be substantiated at the time the notices were issued, coupled with the fact that Director of Elections Danville Walker had informed voters by way of a press release and subsequent statements that all 146 candidates were properly nominated.
Yesterday's judgement was handed down in a packed courtroom filled with officials from the two major parties, party loyalists and journalists.
Outside the court, jubilant JLP supporters erupted on hearing the news that Dabdoub, who switched allegiance to the PNP before the elections, would not be handed the West Portland seat.
"A so him jus waan tek people seat without working fi it," commented a woman about Dabdoub who had snatched the North East St Catherine constituency from the PNP's Phyllis Mitchell, through the courts, following the 1997 general election.
In Buff Bay, a small seaside town in Vaz' constituency, JLP supporters also rejoiced on hearing of the by-election ruling. They danced in the street to popular songs, including Peter Tosh's Glass House.
The jubilant Labourites were watched by a few PNP supporters, one of whom said he was pleased with the decision as it shows that "the justice system works and the law is there as a guide. We are pleased with the ruling and are ready for the by-election".
In a swift response, the PNP said it was vindicated by the ruling and backed Dabdoub's appeal.
"While respecting the decision of the chief justice, the party is disappointed that the ruling did not award the seat to Comrade Dabdoub." said a statement from Peter Bunting, the PNP's general secretary.
Bunting's statement also quoted Dabdoub as saying, "I intend to appeal the ruling on the basis that the chief justice has erred in law in assessing the effect of the notice and its meaning in law".
- Additional reporting by Erica Virtue
So try unuh best leff him off a Kingston.
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