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Section 39.a is not defined in terms of Jamaican Citizenship

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  • Section 39.a is not defined in terms of Jamaican Citizenship

    Here is the definition

    39. Subject to the provisions of section 40 of this Constitution, any person, who at the date of his appointment or nomination for election-

    a) is a Commonweath Citizen of the age of twenty-one years or upwards;and

    b) has been ordinarily resident in Jamaica for the immediate preceeding twelve months,

    shall be qualified to be appointed as a Senator or elected as a member of the House of Representatives and no other person shall be so qualified.

    Analysis
    It is clear that the British and our founding fathers wanted membership in the Senate and the House of Representative to be based Commonwealth Citizenship. However, Dr Ashley wants us to believe believe that if a Commonwealth Citizen acquires another Commonwealth Citizenship by virture of is own act then he is disqualified.

    Section 40 must be interpreted only in relationship to Section 39 and therefore the term foreign power or state must mean a non commonwealth power of state. There is no other interpretation.
    The same type of thinking that created a problem cannot be used to solve the problem.

  • #2
    Time,

    you challenged me before when I said it was odd that a Farrinah (CWealth) could sit in our parliament, but a Jamaican born RESIDENT that takes on a non-CW citizenship cannot.

    Now you just effectively said the same thing I did 2 days ago.

    It is a nonsense rule if that is the case. Canadian or Brit can become an MP but a Jakan resident with another non-CW passport haffi hold his corner. That sound right to you?

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    • #3
      Furthermore, I know a Jakan that moved to the UK some years ago.

      In talking with a US friend, the friend grumbled about the hassles of moving countries and all the little things to take care of like alien registration with the local poilice within 6 weeks of moving to the UK. The Jakan who was there for more than 8 weeks knew nothing of this and rushed off to the police the next day to register, apologising profusely.

      The Policeman calmly told him not to worry as Jamaica is a CWealth country and Jakans are not considered aliens in the UK!!!! No need to register like Americans.

      Even with the visa restrictions (a travesty), Jamaicans moving to the UK can still vote after 1 year of residency. I think they can run in local elections as well.

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