I am very optimistic about the future of the CCJ
The Caribbean Court of Justice (CCJ) was established on July 23, 2003 and was inaugurated on April 16, 2005. Prior to that there had been several years of discussions by Heads of Governments and Attorneys General in the Caribbean Community. I have been following the events for more than two decades and wrote more than 100 hundred articles in the local and regional press. So far only four countries have abolished appeals to the Privy Council and accepted the CCJ as the final Court. A few years ago there was an indication that a total of seven would have come on board but St. Lucia has backed off and Grenada, Antigua and Barbuda and St. Vincent and the Grenadines have failed to secure referenda for the CCJ to be the final Court. Now with the recent ruling of the top court one wonders about the future of the Court. I am very optimistic now as I was from the beginning.
The CCJ has made a few important rulings including the famous Shanique Myrie case, the Jamaican woman who was humiliated and denied entry into Barbados, in March 2011 and the Bharrat Jagdeo third term issue in which the Court ruled that Jagdeo cannot serve another term as President. But the most interesting one is the no confidence appeal in which the Court had to rule if 33 is the majority of a 65-seat Parliament which voted to unseat the APNU+AFC government. The CCJ ruled that the no confidence motion was properly passed, but did not give a specific deadline as to the time frame for the dissolution of Parliament and most important of all when elections were to be held. The final Court felt that the Constitution speaks for itself, but unfortunately the incumbent thinks otherwise and blatantly remains in office despite criticism from the ABEU countries, local, regional and international organisations/agencies. Several weeks ago President Granger fixed March 2 as the date for the general elections. The refusal of the CCJ to be more specific brought criticisms from certain quarters. Senior Counsel Ralph Ramkarran said that “the CCJ has extensive powers and without justification it declined to do so” and described the Justices as “timid and ineffectual”.
Incidentally Mr. Ramkarran besides being a brilliant attorney is also a politician. He was Speaker of the House under the PPP/C administration and left the party following a disagreement over corruption. He recently formed his own political party. Recent incidents have raised discussions in the entire region on if the CCJ is strong enough to be the final Court in order to attract Jamaica, Trinidad and Tobago, and the other small islands to join the Appellate Division of the Court. The Court has two jurisdictions, the Appellate Jurisdiction and the Original Jurisdiction.
It is rather disappointing that Jamaica has not yet abolished appeals to the Privy Council since that country under Edward Seaga, the JLP leader was in the forefront of the establishment of the Court. It is now argued that the CCJ is a “hanging court” unlike the Privy Council which is against the death penalty. Trinidad and Tobago was also a strong advocate of the Court and that is the main reason why Port of Spain is the headquarters. Unfortunately the politicians of the twin island republic cannot make up their minds .... too much of flip flop from one government to the other. However, both Jamaica and Trinidad and Tobago make financial contributions to the Court. Speaking of finance the CCJ is sound financially with US$100 million in the Trust Fund which can keep the Court going indefinitely or at least for decades.
While there is gossiping here and there about the future of the Court I am very optimistic that the Court will continue to dispense justice both in the appellate and original jurisdictions. The Court can hear applications from all member states in its original jurisdiction and although only four jurisdictions joined the Appellate Division the Court is still busy hearing applications from countries throughout the Caribbean Community. Note that Jamaica has not joined the Appellate Division yet its citizen Shanique Myrie brought a successful appeal in the original jurisdiction.
There is no doubt that the judges of the Court are highly qualified and experienced in dispensing justice since several top jurists in the Commonwealth have showered praises on the judges for the excellent and scholarly decisions they have given during the past 14 years.
Best wishes to President Adrian Saunders and the CCJ with the hope that more countries will join the Appellate Division.
Yours faithfully,
Oscar Ramjeet