Opposition not in favour of referendum on final appellate court - Golding

Opposition Leader Mark Golding says his party does not favour a referendum to determine Jamaica's apex court, noting that the Jamaican Constitution is clear on that decision resting with the Parliament.

Golding said no country that has moved away from the United Kingdom-based Judicial Committee of the Privy Council has done so via referendum.

Further, he said it is not a legal requirement to do so.

He said countries with constitutions requiring a referendum and have used it have found that the process “has been fraught with politics.”

“The issues have been very messy and politicised and it has been an unsatisfactory that has not led to the result that was intended,” said Golding at a press conference at the Office of the Leader of the Opposition in St Andrew.

He asserted that the Privy Council is not an entrenched provision and that it was always contemplated that Jamaica would evolve away from the court.

He said the Privy Council, based on its interpretation of the Jamaican Constitution, has indicated that the court that replaces it must be entrenched, similarly to the Supreme Court and Court of Appeal.

A two-thirds majority in both Houses of Parliament is required for entrenchment.

“That is the process that should be followed to establish the CCJ (Caribbean Court of Justice),” said Golding.

- Kimone Francis

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