Repeal of Section 61 of Constitution a historic move
Published:Saturday | December 28, 2024 | 12:06 AM
THE EDITOR, Madam:
The Jamaican Constitution was signed “At the Court at Buckingham Palace, the 23rd day of July 1962”, 14 days prior to formal declaration of Independence on August 6, 1962. It was a ‘gift’ from the British to its former colony, following a century and a quarter of post-slavery rule. The document handed down from England and called “our” Constitution makes a total of 43 references to “Her Majesty” while the words “The Jamaican People” are non-existent in it.
Our former enslavers and colonial rulers sold us the lie that we were independent, while they keeping themselves fully entrenched in our governance as head of the Execute (the Cabinet), the Parliament (Upper and Lower houses), and our Judiciary (the Privy Council). One of the outstanding features of their stranglehold – mental and otherwise – was to be found in Section 61 of the Constitution. Simply put, it said no law passed in Jamaica will be valid unless it has words of enactment (words of introduction) which recites “Be it enacted by The King’s Most Excellent Majesty”.
So, I have, based on the content and history of the making of the constitution, called it “their” constitution rather than “our” constitution. This is true both in its form and its substance.
On July 19, our Parliament intercepted one of the 43 references to “Her/His Majesty”, by repealing Section 61 of the Constitution. This is a precursor to Jamaica becoming a republic. In fact, Minister Kamina Johnson Smith explained in her senatorial presentation that the removal of the offending words ‘be it enacted by The King’s Most Excellent Majesty’ will be rebranded in our Republican Constitution and, consequently, will contain, in her words, “words of enactment that are commensurate with the autonomy that is consistent with Republic status”.
Accepting that this move was legally necessary to protect the law which will eventually remove all references to the King of England, our repeal of Section 61 must be hailed as a historic and seismic move on the road to self-respect and true independence.
The decolonisation of our laws and the constitution itself is more than overdue. In 1962 we were the virtual football of the British who miseducated us to court the British monarchy rather than throw it out. Our British-led account of history failed to lead us to demand compensation for four centuries of enslavement. We should have insisted at the time, in 1962, when they claimed they were leaving us with our own flag to self-govern, that they at least match the equivalent in value of 20 million pounds as a deposit on our just claim for repair of the mess they left us in. We were too timid to ask why they gave 20 million pounds to their planter friends in 1838 for their “losses”, but left us with nothing. This horrific crime against humanity must not be allowed by us to go unrepaired and unpunished.
This is why the move to becoming a republic must go hand in hand with our claim for reparations. We cannot repeat the mistake we made in 1962 and let them off again!
BERT SAMUELS
Pan-Africanist
Attorney-at-Law