JAS barred from implementing decisions coming out of AGM

The Supreme Court yesterday granted an injunction barring the Board of the Jamaica Agricultural Society (JAS) from implementing any of the decisions arising from the purported annual general conference held on July 12 because of alleged breaches.

Lawrence Robertson, parish president of the JAS for Portland and a board member of the JAS, brought a claim against the board this month and was successful in getting a mandatory injunction.

An inter partes hearing is set for August 24.

Robertson, who is being represented by attorney-at-law Hugh Wildman, is contending that the act setting up the JAS expressly states that before the convening of an annual general meeting, there must be a proper audit done to be approved by the minister and that that audit must be presented at the annual general conference.

It is stated in the claim that in order to facilitate the audit, all parishes must turn over all funds held by the JAS.

“In the instant case, three parishes have been delinquent in not turning over funds held on behalf of the JAS, specifically the parishes of Westmoreland, Manchester, and St James,” Robertson contends.

The claim outlined that in one instance, a contract was entered into on behalf of the JAS in Westmoreland. They collected funds from the JAS rental properties and refused to turn over said funds, the claimant alleges.

“In the absence of the funds being turned over, it would be a breach of the constitution of the JAS and the act to convene this annual general meeting,” the court document outlined.

Delegates lists

The claimant contends that the delegates lists that have been supplied to the JAS by the parishes of Portland, Westmoreland, St James, Manchester, St Elizabeth, and Clarendon have not complied with Section 2 of the by-laws made pursuant to the act. By virtue of this, the entire election process would be compromised and a clear derogation of the statute.

Robertson further stated that as a member of the JAS Board and president for Portland, he has a duty to ensure that the law governing the constitution of the JAS is complied with.

“In the circumstances, the applicant seeks a mandatory injunction to retain the respondent from implementing any of the decisions arising from the purported annual general conference held on July 12, 2023, pending the various parishes complying with the provisions of the act by turning over funds held on behalf of the respondent and a rectification of the delegates list to facilitate a legally constituted election of its delegates,” Robertson stated in the claim form.

Justice Opal Smith granted the injunction after hearing an application from Wildman.

It was reported that Minister of Agriculture, Fisheries and Mining Floyd Green summoned the JAS executives to a meeting on July 17 to explore the recent issues raised regarding the organisation’s AGM, election processes, and the various court actions that have been filed alleging procedural breaches.

It was agreed that the minister would appoint a five-member independent commission to conduct a review of the electoral processes of the JAS and provide recommendations as to the way forward.

editorial@gleanerjm.com