Party politics first

The Manatt-Dudus scandal arose because Bruce Golding was thought to have used the Government's powers and privileges to carry out party business. Christopher Coke was a powerful Jamaica Labour Party (JLP) supporter. More specifically, Golding interfered with Coke's extradition to carry out constituency business Coke held the veto in Golding's constituency. In these ways, Golding put the party and his own political interest first. It put the Constitution last. The Constitution says that good governance meant regard for public morality and public order. Coke represented neither of these.

The matter of five JLP candidates holding dual citizenship being nominated and seated in Parliament is another disturbing example of putting party politics above the Constitution. This time, Golding admits to it. The Antigua Observer newspaper wrote on April 8: "Prime Minister Bruce Golding recently admitted publicly that although he knew that several JLP MPs had dual citizenship, and he chose to conceal those facts and took no steps to be honest with the nation and Parliament." This is how others see the prime minister.

The Opposition People's National Party (PNP) was blunt. It said about Golding: "The reasons given by him underscore the fact that he is prepared to do anything for the sake of retaining or obtaining power." This is exactly what is said about his interference in Coke's extradition too.

Political Arithmetic

Golding admitted in Parliament to knowing about the status of his parliamentarians, saying, "We have been aware of the status for some time, but you would appreciate, I don't need to spell it out, that we couldn't have all five departing the House at the same time. You are aware of the arithmetic of the balance in Parliament. Now that Everald (Warmington) has resigned, and now that we are proceeding with a by-election there, that will resolve all issues relating to dual citizenship as far as the Government members are concerned."

This is amazing. Mr Golding thinks this is simply about arithmetic and that Warmington's resignation would resolve all issues. This is the same Golding who had quit the JLP and entered the National Democratic Movement to campaign for a new constitution. Under that constitution, there would be a president who would be separate from the legislature. He abandoned that idea and holds now to a constitution where the prime minister is dependent on the legislature. But he won't accept the democratic consequence of majority rule and accountability to the legislature.

Mr Golding insists that the matter is entirely arithmetical and his actions are coldly practical. "Let's be practical," he said. "We have a majority of four in the House; if five were to depart the House at any particular point in time simultaneously, under the rules of Parliament a certain number of members can convene the House and pass a no-confidence motion on the Government and cause the Government to collapse, that is not something you would want to invite."

This is only practical in the arithmetic of pure parliamentary politics. It is only politically practical, if you want to put your power and your party first. Philosophically, it is dishonest. It is dishonest in any political system, parliamentary or presidential, to knowingly have someone in Parliament who is ineligible but whose presence expediently provides you with a governing majority.

It is the same logic that would allow a prime minister to keep someone he knows to be a thief or a murderer in Parliament and not do anything. That, too, is coldly practical, but we are not governed by arithmetic. We are governed by democracy, and democracy is more than arithmetic. It is about integrity.

Will of the People

Golding puts arithmetic above democracy. To have had the five JLP MPs resign "would be a technical way of defeating the will of the people as expressed in the general election on September 3, 2007. So it had to be handled in a particular way and, of course, there are other considerations as to particular priorities the Government may have had that would not have allowed it to turn its attention to dealing with these by-elections," Golding reasoned.

Who is defeating the will of the people? The Constitution is higher than the election. It is also higher than the will of the people. That is what is meant by constitutional government. Golding had already defeated the Constitution and manipulated the will of the people who were kept ignorant of the fact that they were voting for candidates who were not eligible to sit in Parliament. This was not to be dismissed as a "technical defeat" of his government. This is how the parliamentary system actually works. A party that holds the duly elected majority has the right to govern. The Constitution says this. Golding has turned his back on the presidential system and abused the parliamentary system all in one go.

If one is really cynical (and he might be forgiven for it), one would wonder if "one of the particular priorities the Government may have had" was to defend Christopher Coke from extradition, an individual important to the JLP and to Golding's constituency. The JLP, therefore, had to retain its majority. Had the PNP been the majority party, Coke would have been extradited forthwith. Did Golding ignore the Constitution in order to subvert treaty law?

The Honourable Thing

Again, Golding is guilty of confusing his roles as party leader and prime minister. For a man who used to believe in separation of powers, he has failed badly at this. He has failed to separate his actions as prime minister from his actions as party leader. This is why he always comes out putting party first. Golding knew or should have known about the status of his candidates before they were nominated. The PNP leader had advised all of her candidates that anyone who owed allegiance to foreign countries should renounce his or her allegiance or withdraw their candidacy.

The cases of Sharon Hay-Webster and Ian Hayles are before the courts. Golding should not be using Parliament to judge them, not he of all persons. Besides, the PNP is in the Opposition. It matters little if its parliamentary membership is 28, 27 or 26. It will not affect who governs.

Golding should have done the honourable thing and called by-elections as soon as he knew which of his MPs had declared foreign allegiance. But then it is Golding's very honour which has been in such serious question since becoming prime minister, and especially over the Manatt-Dudus affair. Whatever the political system, presidential or parliamentary, honour is expected. That is why members refer to each other as 'honourable' in both systems.

This is the most important check and balance of all. One's sense of right must check and balance what one knows to be wrong. Transparency is fine, but we can't always see into the minds of men. Accountability is good, but one must hold himself to account to his conscience. The rule of law is great, but the law can be unclear. Democracy is wonderful, but the people can be confused. This is why personal integrity is so important. When all else fails, the individual must do the honourable thing and take responsibility.

Robert Buddan lectures in the Department of Government, UWI, Mona. Email feedback to columns@gleanerjm.com and robert. buddan@uwimona.edu.jm.