"Section 40 (2) of the Jamaican Constitution prohibits persons who have taken citizenship in another(non-Commonwealth ) country from being elected to the House of Representatives or being appointed a senator. Where the person takes an oath of allegiance to a non-Commonwealth country after being elected or appointed to the legislature, Section 41 (1) of the Constitution requires that the person's seat be made vacant."
Is this plain english or is it some foreign language? Why have those who love to point to the high level of crime in Jamaica now talking about how the Jamaican constitution must be amended and not talking about how the Jamaican constitution has been blatantly violated?Is this a land and people of law breakers?
THE QUESTIONS THAT THE JLP MUST ANSWER IS THIS: WERE THEY AWARE THAT SEVERAL OF THEIR CANDIDATES THAT THE YPUT FORWARD BEFORE THE VOTERS WERE US CITIZENS?
If they did and they still put them forward for office, then why is not this election fraud? This was a wilful attempt to stub their fingers right through the eye of the Jamaican Constitution saying in effect "we do not care what is written therein, we are bigger than the law, aka the law is not a shackle"!
Ignorance of the law is not and has never been accepted as a defence. Anyway, there is no way that they can claim ignorance, not with the battery oflawyers and Constitutional experts in their camp! This is election fraud pure and simple!
IGNORING "SMALL" CRIMINALITY HAS LED TO JAMAICA BECOMING A CORRUPTED CRIMINAL STATE!
The Jamaican Constitution, even if it is a plantation document, is the legal document governing Jamaica. No one says it does not need changes. But until those changes are made, violations of it should be prosecuted. This is the rule of law andminimizations of wanton illegality, however small, leads to larger issues of criminality and is one reason why our moral compass is worrisomely undesirable and gutterly reprehensible. No other nation in the world has a larger percentage of its citizens deported from the USA, Canada and the UK as does Jamaica because criminality looks normal to the masses!
We have historically minimized criminality so that certain criminality is being over looked or is being put aside because we say there are more important things that need attention and now the criminality consciousness has been fully embedded in then ational consciousness. This has lead to wide spread acceptance of corruption and we now have whole communities living off extorted gains some of which involved murders, arsons and thefts, while the country turns a blind eye. Jamaica is partly a criminal country period!
WHERE ARE THE THEOLOGIANS WHO WERE RAILING AGAINST HIGH LEVELS OF CRIME?
Be consistent theologians and call an illegal act what it is. There is no way to misinterpret common english here! The JLP purposely violated the Jamaican constitution. This must be some sort of crime and if it is not it should be! In any event it must be some kind of fraud. Partisan Jamaican courts may rule on their partisanship but the British Privy Council would certainly declare the victorious US citizensineligible to sit in the Jamaican parliament.
WE HAVE HAD SEVERAL ILLEGAL GOVERNMENTS; VAST NUMBER OF LAWSUITS COMING!
Those who think this is a partisan article have not read my other perceptive pieces. I am alleging that past governments have had illegal foreigners serving in the Parlianent and this holds serious consequences because the Parliaments were according to the constitution, illegal entities. It means that if past governments were illegal, then legislation they passed and actions and penalties they meted out were also illegal making them liable for damages from lawsuits from individuals and corporations who can claim harm!
WE WILL HAVE ANOTHER ELECTION; THERE IS NO OTHER SOLUTION! LAWSUIT BY CITIZEN TO BE FILED
If I can find a lawyer who is not afraid of the partisans, I would file a lawsuit alleging fraud and violation of the Jamaican Constitution, to have the election results thrown out! I guarantee that the Privy Council would rule in this favor because theyare not ruled by the disease of partisanship that hasrun rampant throughout the land!
IT IS TIME TO STAND UP FOR THE RULE OF LAW AND NOT THERULE OF HYPOCRISY?
Calling the constitution unfair is not the issue here.The issue is it was blantantly disrespected, ignored and violated! The violation of the Constitution must be a criminal offence punishable under Jamaican law!
FOREIGN LAWYERS SUPPORT VIOLATING THE JAMAICANCONSTITUTION?
Jamaican-born attorney-at-law in Florida, DahliaWalker-Huntington, said that Section 41(2) of the Constitution was unfair to Jamaicans living in thediaspora.
She pointed out that there was inequity in the Constitution as it allows a person who gains dualcitizenship through their parents, as a child, to beable to participate in representational politics, butat the same time bars another person who swears allegiance to another country from participating inrepresentational politics.
"It (the Constitution) is treating half of yourpopulation unfairly," she argued.
This is the same person who responded to my challenge that the Jamaican Diaspora Foundatioin was intended tobring the vote to Jamaican overseas by saying "There is no where in print or on tape where I have advocated Jamaicans in the Diaspora voting in Jamaican elections. So to brand me "an overseas votinh (sic)zealot" is blatantly incorrect." Dahlia Walker Huntington, 2006!
IF YOU ARE CONCERNED ABOUT THE RULE OF LAW- EMAIL THE PRIME MINISTER (Prime Minister Bruce Golding
Written by John Anthony
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