LETTER OF THE DAY - Fix nomination loopholes

The Editor, Sir:

Currently, there is no duty imposed on either the Electoral Office or prospective candidates to ensure compliance with the conditions stipulated in the Constitution of Jamaica for qualification to sit in Parliament.

The Electoral Office is not required even to enquire into the citizenship status of those being nominated; neither is there any obligation imposed on those being nominated to declare their citizenship status.

Jamaica has had to bear:

(i) Substantial financial costs in undertaking a number of by-elections.

(ii) Engaging the already overburdened court system in protracted exercises.

(iii) Untold erosion of public confidence in our parliamentary institutions.

There are other conditions that would disqualify one from sitting in Parliament such as bankruptcy, criminal convictions and certain posts. These are stipulated in the Constitution, but remain largely unknown to the electorate, the proposers and the candidates.

Implementing measures

In an attempt to prevent a recurrence of "confusion in the minds" of the electorate, it may be wise to implement measures aimed at raising the awareness of prospective nominees, the persons nominating the candidate and the constituents.

One such measure could be an affirmation to be completed by the prospective candidate and witnessed by the returning officer. The form would contain a listing of all the conditions which would cause a candidate to be disqualified from being duly nominated [Section 40 (2) Constitution of Jamaica] namely:

• A citizen of any other country except Jamaica.
• Under 21 years of age.
• Certified insane.
• Declared a bankrupt in a Commonwealth state and such bankruptcy has not been discharged.
• Serving a sentence exceeding six months or such sentence is suspended.
• Convicted of any offence connected with elections - local or general.

Certified copies of the duly executed nomination paper should be prominently displayed in a number of appropriate public spaces in the constituency, such as the local electoral office, polling stations, post office and any other locale where the list of registered electors in the constituency is made available.

False declarations would occasion a financial penalty being imposed, upon conviction in a Resident Magistrate's Court, and the subsequent prohibition from being a candidate in any election - general or local.

I am, etc.,

Dr PAUL ASHLEY

ashlaw@cwjamaica.com

1 Braemar Avenue

Kingston 10