EDITORIAL Major constitutional reform needed in Jamaica

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Last week, Jamaica’s Minister of Legal and Constitutional Affairs announced a Constitutional Reform Committee has been formed in Jamaica This should be very encouraging news, especially to those who are anxious for Jamaica to become a Republic, leaving the increasingly antiquated British monarchy Indeed, in her announcement Minister Marlene Malahoo Forte indicated the committee “will play a key role in ensuring Jamaica’s smooth transition to a Republic ”

Year Term For The Presidency

The Jamaican Constitution was based on the British or Westminster model, and mirrors several components of the British Constitution, including not having set dates for general elections the government isn’t acting unconstitutionally

The absence of a Constitutional timetable or date to hold local government elections does give the JLP leader political advantage of maneuvering the election date, especially if the leader fears losing these elections, and the hold of his party as the governing party after the next general election is called

Dr. Garth A. Rose grose@cnweeklynews.com editor@cnweeklynews.com

The ability for a sitting prime minister to call an election at any time in several British Commonwealth countries including Jamaica, is cause for smart political maneuvers and strategies; and does offer a sort of political valve to release the hold of inefficient or corrupt governments on a country

Andrew Karim akarim@cnweeklynews.com

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But, it’s hoped this Constitutional Reform Committee will be given a broader mandate than ensuring Jamaica’s smooth transition to Republic status The minister also said the committee is to assist Jamaica as it “ moves on the most comprehensive and impactful constitutional reform work to be undertaken in the life of independent Jamaica ”

It's not sure if the minister realized the significance of her statement, because the Jamaican Constitution has been in place since 1962 and is in need of serious new amendments and reforms

One such reform has to do with dates for calling general and local government elections in Jamaica

The Jamaican Constitution is surprisingly vague relating to the scheduling of general elections. Despite various amendments to the Constitution since 1962, the latest version maintains “the Governor General may at any time by Proclamation published in the Jamaican Gazette prorogue or dissolve parliament.” Although the Constitution stipulates parliament should continue for five years after its first sitting, it can be dissolved at any time on the advice of a sitting prime minister This needs to be changed to a fixed date for general elections, and a fixed period for the sitting of parliament

One positive of the American electoral system is it sets fixed dates for presidential and midterm general elections, and a fixed four

On the other hand, a fixed election date, and fixed tenure for the sitting of parliament, tends to create political order in a country Voters are assured of the dates when elections will be held, and how long the government will be in power If the sitting government is failing, there’s likelihood it will be removed and replaced on the next fixed election date Moreover, the Constitution can include terms for removing a corrupt or dangerous government prior to the set election date, and before the end of that government’s constitutional term

Many people share the opinion that Jamaica, and other Caribbean nations, would have more political stability if their Constitution set fixed election dates, and fixed periods for the sitting of parliament

The Jamaican Constitution should also include a fixed date for holding local government elections. Although a 2015 constitutional amendment stipulated in Section 66:3, “There shall continue to be a democratic system of local government for Jamaica,” it doesn’t stipulate a fixed timetable or date for local government elections

So, despite push back by the opposition People’s National Party against the incumbent Jamaica Labor Party for yet another postponement of local government elections expected to be held this year, for another year

The frequent postponement of local government elections weakens the democratic effectiveness of local government and deprives the public of effective governance in the upkeep of roads, water supply, garbage collections, fire protection services, the efficiency of local markets, and other crucial services affecting their daily lives

Yet another much needed amendment is one requiring elected members of parliament to maintain residence in his/her constituency during his/her tenure of representing a political constituency An MP is short serving members of his/her constituency if they only show up periodically. The first role of the MP is to serve the people who elected him/her Many of the problems besetting Jamaicans at the local level could be alleviated if MP’s were constitutionally required to reside for specific periods within the constituency they represent

Hopefully, a sensible non-political approach is taken to ensure these and other critical amendments are made to the Jamaican Constitution

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