A.J. Nicholson | Constitutional conundrum: Justice only for the wealthy?

The prevailing circumstances and the clear motives behind the Government’s introduction of a bill in Parliament ostensibly to initiate the process of abandoning the monarchy have ushered Jamaica into a constitutional and cultural conundrum, cunningly contrived for political gain.

Like all humans, Andrew Holness and Mark Golding are imperfect and ‘shortcomings’ can always be found on the hustings for true and deserved complaints against either.

There is no need for any ‘blame’ or ‘fault’ that is false and cunningly contrived.

Part of the upcoming national elections campaign has ripened into “Markie British versus Integrity Brogad”: the wealthy White ‘Englishman’, according to the Jamaica Labour Party (JLP), against the wealthy Black Jamaican, according to the People’s National Party (PNP).

Contrived issues infused into a political campaign by subterfuge are perhaps at their most sinister when anchored on tribal games being played with the country’s Constitution.

Since Emancipation, Jamaica’s descendants of slaves have struggled without the valuable entitlement of the benefit of access to the final court in the United Kingdom.

DELINKING FROM PRIVY COUNCIL

Delinking from the British monarch and from the Privy Council is essential to Jamaica gaining full independence, and consensus across the aisle in Parliament is indispensable for the required constitutional transition.

Abandoning the monarchy brings no tangible gift to Jamaicans. Leaving the Privy Council to embrace the Caribbean Court of Justice conveys immediate discernible benefit to our too-long-deprived citizens.

The gift to our people to enjoy that benefit is exclusively in the hands of the leaders in Gordon House.

Unlike Andrew Holness, Mark Golding is fighting purposefully to have that privilege become available to our people who are not wealthy. Yet, with stark untruthfulness, injustice is frightfully being directed against him.

Crucially, more piercing injustice is being meted out to Jamaicans by their government’s insistence that access to final justice, dispensed from a court in London, should remain available only to the wealthy.

Can it really be ignored that the evidence discloses no intention whatsoever on the part of the leadership for Jamaica to leave the Privy Council?

They strangely receive support from some members of the legal profession in defiance of the settled stance of the Jamaican Bar Association and the Organisation of Commonwealth Caribbean Bar Associations which parented the transition from the British to the regional court.

Proprietors of a flagship tourism conglomerate which operates within Jamaica and parts of the Caribbean where the CCJ is the final appeal court inconceivably proclaim that “the time has not yet come” for Jamaicans to join that court.

Even from the church community, stark unchristianlike support flows publicly from a Reverend and from a Deacon indicating that only the wealthy should continue to enjoy unhindered access to final justice. Wonder how Knibb and Bogle would have reacted?

From no quarter has come any plausible reason for the awkward resistance. There is usually little engaging comment, so that, as the lawyers would say, the irresistible inference is that they do not trust their own to dispense justice from the CCJ.

Were it otherwise, would they not push for transition to our accessible globally respected court pending arrangements suitable to their preference, for example, of a local final court?

CONSTITUTIONAL DISORDERLINESS

Constitutional disorderliness originated with the JLP leadership kicking to the kerb the Privy Council’s ruling – sought by themselves and others – calling for a referendum, defying the judges’ declaration of a consensus-driven two-thirds majority vote in each House to transition to the CCJ.

It was concretised by the Holness’ JLP – the PNP having dutifully developed the Charter of Rights and co-operated with the Bruce Golding administration for its entrenchment - unlawfully meddling with the constitutional arrangements for Senate membership to thwart a positive vote to complete the journey.

It reappeared in the mandate given to their Constitutional Reform Committee that delinking from the Privy Council should be contemplated at some nebulous future season, called Phase Two.

So, armed with that gripping body of evidence, would the Opposition PNP and Mark Golding not, unforgivably, be grossly derelict in allowing themselves to become complicit in the betrayal of our economically challenged, agreeing to move to republican status without any guarantee for them ever being freed from the bondage of denied access to final justice?

Then, the explosive bomb! Introduce in Parliament a bill to initiate the process for Jamaica to become a republic, knowing that the PNP Opposition will resist any movement forward without that public guardrail guarantee from the ruling party, which certainly will not be forthcoming.

Bingo! See? “Markie British blocks Jamaica from becoming a republic, wanting Jamaica to remain attached to his beloved England!”

Vloggers jump into action, blissfully unaware that Mark Golding seeks to protect their interest, uplifting them and their fellow Jamaicans.

Memorably, whatever the strength of the wider campaign message, on this issue, ruthless injustice aimed schemingly at Mark Golding, and the continued shameless shafting of Jamaicans by their government are abhorrent, simply unworthy.

Justice only for the wealthy: A Solomonic tabling?

A.J. Nicholson is former minister of justice and attorney general of Jamaica. Send feedback to columns@gleanerjm.com