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The art of constitutional behaviour

Thursday, December 18, 2008

Dear Editor,
The former Public Service Commission members have capitulated to the PM and the AG under the guise of a settlement. Contrary to media hype, the PM has not apologised for, or withdrawn his claim of misbehaviour.

This capitulation could have been done much more efficiently by simply resigning a year ago instead of pursuing expensive timeconsuming litigation. The capitulation of the PSC litigants effectively completes the constitutional castration of the PSC, and sets a precedent for the prime minister and his successors to impose their will on other Service Commissions. I don't see any Service Commission nominating candidates for positions without first checking with Jamaica House.

Alfred Sangster gloatingly characterises his erstwhile colleagues as arrogant and stupid for having the temerity to stand up to the prime minister and his attorney general. Dr Sangster is certainly entitled to his opinion, but I would suggest that his justification for withdrawing his endorsement of Professor Stephen Vasciannie is just as susceptible to the label of stupidity, if not arrogance. A year after he was fired, Dr Sangster still has not mastered the concept of constitutional misbehaviour; he now accuses his former colleagues of "sociological and political misbehaviour", a concept unknown to Jamaican constitutional law.

Piously, Dr Sangster claims that his prayers for a solution have been answered, so people will have to make friends again and restore relationships and dignity.

What Dr Sangster didn't mention is that his prayers included interjecting himself in the litigation by filing two affidavits in support of the prime minister and attorney general. These affidavits were filed on October 20 and October 23, 2008, less than two months before the scheduled start of the litigation on December 8.

At the end of the day, all of the ex-PSC members have capitulated to prime ministerial tyranny, aggravating the damage already inflicted on the constitution and the rule of law. I hope that future generations will be more forgiving of them than I am.

O Hilaire Sobers
ohilaire@yahoo.com


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