Don’t rush constitutional reforms

THE VARYING debates and opinions about the well-overdue constitutional reform, interestingly, seem to be the hotbutton issue; rightfully so, in my opinion.

As stated in previous articles and comments, the committee needs immediate restructuring, to reflect the diversity of Jamaicans both at home and in the diaspora. One serious caution – I do hope invited members would not only include attorneys and ‘titled folks’.

The current administration, since 2016, has demonstrated that entrenchment in an executive type of governance must be implemented, to avoid the musical syndrome where there are so many appointments to pacify party donors and activists.

There should be no rush to create a republic, as the British monarchy does not affect our governance; hence, careful and timely deliberations must be ensured.

Three branches of government must be maintained:

1. An elected president and vice-president, like the United States (US) – not a monarchical-style ceremonial appointed by a prime minister. The president must be term-limited and subjected to impeachment clauses, and (a) assigned specific departments for government operation; (b) allowed to appoint his/her Cabinet.

2. Legislature: (a) House of Representatives constituency boundaries must be under the control of an independent body (responsibility must include boundaries); each must have a minimum/maximum number; elected members should be subjected to recall.

(b) Each parish must have elected senator term limit and he/she should be subjected to recall. Each parish should have two senators.

(c) The diaspora should be allowed to have non-voting delegates to the Senate (possibly three for the largest settlements of the diaspora – Canada, UK and the US.

3. The judiciary should comprise the following:

(a) Petty Session Courts;

(b) Municipal Court for traffic offences;

(c) Parish Courts;

(d) Superior Court, to replace the Circuit Court;

(e) Court of Appeal;

(f ) Jamaica, or Caribbean, Court of Justice.

All judges, from the parish courts to the Court of Appeal, must be nominated by the president (subjected to law counsel, inclusive of Bar association).

Justices of the peace must be appointed on the recommendation of local representatives (members of parliament or senators) and should include members of the diaspora.

There is the ‘Jamaican entrenched colonial attitude’ narrative. The current Constitutional Reform Committee is loaded with attorneys, while the many ad hoc committees and discussion panellists are all titled folks. We need more representation of the people and the younger generation.