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Any foreigners in the House? Some party candidates said to possess dual citizenship
published: Sunday | August 12, 2007
Robinson
AT LEAST one politician may have occupied Jamaica's Parlia-ment even though the person may not have been qualified to so do, and at least seven are lining up to do the same after the August 27 general election, The Sunday Gleaner has learned.
The issue of unqualified aspirants to sit in the country's legislature cuts across the political divide, but sources say the bulk of the candidates in question are representing the Jamaica Labour Party (JLP). The candidates are said to have dual citizenship, which, under Section 40 of the Constitution, may disqualify them from being members of the Senate and House of Representatives.
The Sunday Gleaner understands that many of the persons, who it is said do not qualify to be in the hallowed walls of Gordon House, have pledged allegiance to the United States of America.
Challenge must be made
Noted constitutional lawyer Dr. Lloyd Barnett says the law is straightforward regarding who does not qualify to be a Member of Parliament (MP) or senator. He says that unless a successful challenge is made about the qualification of a person to be an MP or senator, a member can sit comfortably in the House.
"The person retains the seat and is validly there unless there is a pronouncement by the court," Dr. Barnett says.
He adds: "In the electoral system that we have, there has to be a challenge as to the person's qualification and if there is no challenge, then the person remains a member."
Oswest Senior Smith, the People's National Party (PNP) candidate for St. Ann North East, who is also an attorney-at-law, reasons that because of the qualification issue, he is more than confident that he will be the MP after the election.
Rival does not qualify
He says that while he is confident of being elected at the polls, he has information to suggest that his rival, Shahine Robinson, does not qualify to sit in Parliament.
"If my information is true, that she is a naturalised citizen, as well as her brother [Peter Fakhourie, JLP candidate in St. Ann South East], then there is no way that their candidacy that starts at nomination day will be sustained. Even if she renounces it now, the die has already been cast," Smith argues.
Robinson, who first won the North East St. Ann seat in the 2001 by-election over Carol Jackson of the PNP and then retained her seat in Parliament after the 2002 election, declined to confirm or deny whether she is a naturalised American citizen.
"I have no comment about that," Robinson said.
Asked if she might comment on it in the future, she says there is no need to do so. "I am a Jamaican," she said. "I was born and raised in Jamaica. I have a Jamaican passport, a Jamaican driver's licence," the 54-year-old Robinson states emphatically.
Not aware
Meanwhile, Karl Samuda, the JLP's general secretary, says he is not aware of any JLP candidates who are naturalised United States citizens.
"We are not aware at the moment that there is any difficulty for any of our candidates," Samuda says. He adds that the pronouncements may have been planned and voiced by persons within the PNP "to create difficulties for people who have served this country for years".
He admits that the issue came up at a campaign meeting at Belmont Road in St. Andrew last week, and was "discussed in a an exploratory way, but we are not perturbed by any such suggestions," Samuda says.
published: Sunday | August 12, 2007
Robinson
AT LEAST one politician may have occupied Jamaica's Parlia-ment even though the person may not have been qualified to so do, and at least seven are lining up to do the same after the August 27 general election, The Sunday Gleaner has learned.
The issue of unqualified aspirants to sit in the country's legislature cuts across the political divide, but sources say the bulk of the candidates in question are representing the Jamaica Labour Party (JLP). The candidates are said to have dual citizenship, which, under Section 40 of the Constitution, may disqualify them from being members of the Senate and House of Representatives.
The Sunday Gleaner understands that many of the persons, who it is said do not qualify to be in the hallowed walls of Gordon House, have pledged allegiance to the United States of America.
Challenge must be made
Noted constitutional lawyer Dr. Lloyd Barnett says the law is straightforward regarding who does not qualify to be a Member of Parliament (MP) or senator. He says that unless a successful challenge is made about the qualification of a person to be an MP or senator, a member can sit comfortably in the House.
"The person retains the seat and is validly there unless there is a pronouncement by the court," Dr. Barnett says.
He adds: "In the electoral system that we have, there has to be a challenge as to the person's qualification and if there is no challenge, then the person remains a member."
Oswest Senior Smith, the People's National Party (PNP) candidate for St. Ann North East, who is also an attorney-at-law, reasons that because of the qualification issue, he is more than confident that he will be the MP after the election.
Rival does not qualify
He says that while he is confident of being elected at the polls, he has information to suggest that his rival, Shahine Robinson, does not qualify to sit in Parliament.
"If my information is true, that she is a naturalised citizen, as well as her brother [Peter Fakhourie, JLP candidate in St. Ann South East], then there is no way that their candidacy that starts at nomination day will be sustained. Even if she renounces it now, the die has already been cast," Smith argues.
Robinson, who first won the North East St. Ann seat in the 2001 by-election over Carol Jackson of the PNP and then retained her seat in Parliament after the 2002 election, declined to confirm or deny whether she is a naturalised American citizen.
"I have no comment about that," Robinson said.
Asked if she might comment on it in the future, she says there is no need to do so. "I am a Jamaican," she said. "I was born and raised in Jamaica. I have a Jamaican passport, a Jamaican driver's licence," the 54-year-old Robinson states emphatically.
Not aware
Meanwhile, Karl Samuda, the JLP's general secretary, says he is not aware of any JLP candidates who are naturalised United States citizens.
"We are not aware at the moment that there is any difficulty for any of our candidates," Samuda says. He adds that the pronouncements may have been planned and voiced by persons within the PNP "to create difficulties for people who have served this country for years".
He admits that the issue came up at a campaign meeting at Belmont Road in St. Andrew last week, and was "discussed in a an exploratory way, but we are not perturbed by any such suggestions," Samuda says.