Azan, defiance and impeachment

Gary Spaulding, Political Affairs  Reporrter

Both the Jamaica Labour Party (JLP) and the People's National Party (PNP) appear to be in their comfort zone these days. For as moths are drawn inexorably to a flame, so is the JLP to internal wrangling and the PNP to scandalous controversies.

While the JLP has historically transformed divisiveness into an art form that keeps the party out of governance for long periods, the panache of the PNP has been no less than legendary in the manner the organisation handles stressful scandals - until now.

Richard Azan, the Portia Simpson Miller loyalist from North Western Clarendon, has catapulted his party into the throes of the first scandal of the 16-month-old Government. Even as the party continues to be battered in the press and by civil society, the embattled politician appears to be anchored in the Cabinet.

Not only is Azan enjoying support from the prime minister and her Cabinet, but some other party faithful as well, who are bent on keeping their beleaguered Comrade afloat by their gestures. For them, this so-called outrage is nothing untoward.

Azan's campaign manager in the 2011 general election, Paul Lyn, characterised "Comrade Azan's" conduct as a "small misstep". Lyn expects the populace to relent in the wake of an "apology" he tendered on Azan's behalf.

Valenton Wint, another political cohort of Azan, described the firestorm as "much ado about nothing".

Wint contemptuously suggested that others were interfering in "local matters". For him, there was no moral or ethical breach, merely an insignificant procedural breach - nothing that can't be corrected.

What does this say about the PNP's general attitude to "procedural breaches" which could have aided corruption?

Their response eloquently demonstrates their disdainful attitude towards governmental breaches in general - clearly the reason for the sense of entitlement among a significant bulk of the populace who traipse mindlessly behind politicians.

Thankfully, there were those members who, last week, raised eyebrows and lamented that the Cabinet has lost its moral authority to discipline other members.

Azan has confessed to giving approval to John Bryant, a private contractor, to illegally build and rent shops on public property without the consent of the Clarendon Parish Council.

Mayor of May Pen and chairman of the council, Scean Barnswell, has sought to bob and weave in the midst of the scandal.

Given Azan's strong support base, inside and outside the Cabinet, his political career hasn't yet been pronounced dead. There is still a pulse.

Why should he resign, as he is in 'good company'? How dare members of the public call for him to quit when resignations have been demanded of some of his senior colleagues?

Fundamental tenets

Azan's arrogance was on full display last week as he dispatched what he described as his final say on the matter, perhaps, in his mind, to a tiring public.

"I accept and welcome such scrutiny and debate as fundamental tenets of the system of democratic governance in which I am a parliamentary representative of the people of North West Clarendon. The matter is being investigated by the contractor general. I am fully respectful of that process and am cooperating fully with the investigation.

Added Azan: "I will, therefore, make no further public comment at this time, except to say I had no intention to act in a corrupt manner, and at no time did I derive any personal benefit. I remain committed to the sacrifice of public service to Jamaica and the people of North West Clarendon."

Fascinatingly, Azan appears to be faring better than some strong government ministers, who have, in the past, been aligned to PNP administrations.

When the furniture scandal erupted in the Michael Manley regime in the aftermath of the 1989 general election, parliamentarians involved had to refund amounts used to purchase extravagant household paraphernalia. A member of staff of Gordon House was charged, convicted and imprisoned.

In late 1991, the Shell waiver scandal erupted near the end of Manley's third term. The influential PNP chairman, P.J. Patterson, who served as finance minister at the time, as well as the late Horace Clarke, the then energy minister and another political veteran, were the casualties.

Patterson resigned and Clarke was booted from the Cabinet. Both were senior government ministers.

Dr Karl Blythe, another senior minister, was the victim in the Operation PRIDE scandal in the 1990s.

John Junor knew he had done nothing wrong and was not afraid to say so, years ago, when he was forced to draw his licensed firearm in the face of a threatening member of the public.

Given the divisive character of the Jamaican political landscape for many years, it was not hard to believe Junor's story that he had entered an establishment where he saw several men.

Reluctant to take action

The then health minister politely offered them a drink, but instead of graciously accepting or refusing, one man reacted ungraciously. In the scheme of things, Junor pulled his firearm and, as is the custom, the matter became a political circus that landed him before the courts.

As the heat descended, Junor, a lawyer by profession, stepped aside and waited on the court of law to exonerate him.

Colin Campbell, the then information minister and general secretary of the PNP, took the rap for the Trafigura scandal in 2006.

Simpson Miller appeared reluctant to take action as the pressure descended on the Government and snapped, "Ask the PNP!" in response to a question posed by a journalist regarding the PNP's acceptance of more than J$30 million from Dutch oil trader Trafigura Beheer.

It appeared that Simpson Miller had conveniently forgotten that she was not only prime minister but president of the PNP as well.

What is troubling is that unlike her predecessors, the Simpson Miller administration appears to have abandoned the notion of ethics and anointed Azan an untouchable.

It was during the Simpson Miller reign, albeit in Opposition, that Kern Spencer stayed on as a member of parliament for North East St Elizabeth in the aftermath of the 2007 general election, despite his being embroiled in court over fraud allegations.

Is there any wonder that successive PNP administrations have steered wide of a repeated proposal from former Prime Minister Edward Seaga for an impeachment mechanism in Jamaica's governance?

Seaga first mooted the proposal during the Budget Debate of 1991. Prior to his retirement, he was still at it, but it bounced off the PNP.

In his capacity as opposition leader, Seaga outlined a proposal for the impeachment of parliamentarians and other holders of high office as part of his model to reform and strengthen Government.

In one of his final interventions during his presentation to the 2003-04 Budget Debate, Seaga proffered what he characterised as a new paradigm for impeachment. Under his plan, Cabinet ministers, the leader of the Opposition, parliamentarians and other holders of high offices would have to take specific oaths.

He suggested that the central consideration was to hinge impeachment on a failure to perform specific criteria of good governance.

Seaga was correctly of the view that while Cabinet ministers were bound by duty to carry out just administration, protect human rights and safeguard revenues, there were no legal sanctions if they failed to deliver.

Against this backdrop, he said Cabinet members should be required to take an oath of office that would subject their performance to interpretation by the court.

Seaga is correct that the current oath, which requires Cabinet ministers to "freely give advice to the governor general ... for the good management of the public affairs of Jamaica", is outdated and should be discarded.

A resolution that he had introduced in the House of Representatives calling for the establishment of a joint select committee to conclude discussions on impeachments - which was given much play during major constitutional reform debates in the 1990s - has not advanced the issue.

Is there any wonder that some Comrades are confidently predicting that this latest scandal will be a nine-day affair?

Gary Spaulding is a political affairs journalist. Email feedback to columns@gleanerjm.com and gary.spaulding@gleanerjm.com.