REJECT IT!

Former president of Jamaica’s Court of Appeal Retired Justice Seymour Panton says the Government should flatly reject the Judicial Committee of the Privy Council’s (JCPC) offer for judges from jurisdictions it serves to sit on the court.

Panton likened the offer to leftovers which, he said, only serve to extend Jamaica’s stay with its apex court, a thorny matter that has both the Government and Opposition at odds and which threatens the constitutional reform process.

“I hope the various offers will be rejected instantly. It is an insult to the Caribbean Court of Justice (CCJ) for the Privy Council to be offering us token seats at this time,” said Panton, who has consistently argued for Jamaica to accede to the CCJ as its final court.

The Lord Reed-led Privy Council last week announced that it had received approval from the British Government for overseas judges to sit on the court.

Reed said having the benefit of the opinion of a judge with direct experience of local conditions will enhance the quality of the Privy Council’s decision-making.

But Panton wants Jamaican judges to decline offers likely to come.

“I expect that if a Jamaican judge is offered such, he or she will reject such an offer out of hand. We do not need or want these pickings at this time in our history as a supposedly sovereign nation,” he told The Gleaner.

‘Prolongation of the bondage’

The chairman of the Integrity Commission said it is his hope that the relevant ministers of Government will do the right thing and not “encourage or facilitate the prolongation of the bondage that is being proposed”.

Similarly, human rights lobby Jamaicans for Justice has expressed concern following a proposal by the Privy Council to introduce a ‘review of merits appeal’ rule.

JFJ Executive Director Mickel Jackson said of equal concern is the process by which this “binding decision” is being taken.

The Privy Council is moving to overhaul its operations and key among this is for a single member to review the appeal of an appellant where permission has been granted by the court below or where the appellant has a right of appeal under the constitution of the jurisdiction from where the appeal comes.

This is to determine whether the appeal has merit. The court said this will save time and cost.

But Jackson said section 110 of the Jamaica Constitution establishes citizens’ right of appeal to the Privy Council, which is obtained as of right from final judgments in civil disputes where the value of the dispute is more than a stated amount and in cases which involve issues of constitutional interpretation.

She said whether there is an agreement or disagreement with the proposal, a decision was made on how Jamaica’s final court of appeal operates with little consultation or input from the country.

“If there was ever a time to take our leave, it is now. This move should send a signal of what little influence we have and how a change in England can affect our supreme law as an independent country! How comfortable are you with that fact?” she questioned.

She told The Gleaner that the Privy Council’s decision undermines the legislative process based on the implications as it runs contrary to the Constitution rather than being subjected to it.

Jackson said the Government must explore this matter and must say if amendments will be made to the Constitution in light of the review of the merits appeal rule.

The JFJ head said while the judiciary follows current civil procedure rules any change by that branch of Government would be in the remit of what the Constitution provides.

“You can’t have the judiciary making changes that would have implications for legislation. It would have to be in the particular context of the existing law. It’s for Parliament to make legislative changes. That is what the minister will need to advise on,” said Jackson.

She urged the Jamaican Bar Association (JAMBAR) and civil society bodies to write to the Privy Council for clarity on the new rule as well as to register any objection.

Kevin Powell, JAMBAR’s president, said the entity is considering its position on the matter, when contacted by The Gleaner yesterday.

The Privy Council extended a one-month consultation process to stakeholders which comes to an end on Friday.

The parliamentary Opposition registered its latest resistance to Jamaica retaining the Privy Council as its final court last week, refusing to give its stamp of approval to a final report from the Constitutional Reform Committee (CRC).

Opposition Leader Mark Golding said while there are areas of concern within the report, which presents a road map for the severing of ties between Jamaica and the British monarch, the fundamental issue remains Jamaica’s retention of the Privy Council as its highest court.

He wants the country to join the CCJ, a court it has funded to the tune of $100 million for its sustainability.

In a letter dated May 7, 2024 to Prime Minister Andrew Holness, Golding said he has instructed the two members of the Opposition on the CRC not to sign the report until the matter of the Privy Council and CCJ is settled.

Minister of Legal and Constitutional Affairs Marlene Malahoo Forte said Golding’s decision is regrettable.

She said the committee has operated off consensus, stating that she has always sought to accommodate the wishes and concerns of the Opposition representatives.

The minister said the reform of the Constitution is being done in phases with phase one focusing on those matters which are deeply entrenched, require a referendum, and upon which there is broad agreement, namely Jamaica’s transition from a constitutional monarchy to a parliamentary republic.

Phase Two, she indicated, will focus on those matters which are not deeply entrenched, do not require a referendum, but require more time for consensus to emerge after open debate and deliberation, including the matter of the final court.

Prime Minister Holness has indicated that Jamaica adopting the CCJ as its final appellate court must be settled in a referendum put to Jamaicans, who decades ago decided against regional integration.

Golding has asserted that the Opposition will not support the removal of the British monarch as head of state without the simultaneous removal of the Privy Council.

Late yesterday, the Office of the Prime Minister (OPM) said Cabinet had received and started reviewing the report of the CRC despite the refusal of opposition members of the committee to sign the report.

In a statement, the OPM said once Cabinet has completed its review, the report would be tabled in Parliament along with the Government’s conclusions. It said the Government remains hopeful that the Opposition will join in signing the document.

kimone.francis@gleanerjm.com