BASTIDE... other cases will soon be ready

THE Caribbean Court of Justice (CCJ), within two months, expects to complete its writing of the rules governing the court in its hearing of trade cases, with president Michael de la Bastide saying the process was well advanced.

"We are now working on the rules of original jurisdiction which will be ready before year end," said de la Bastide, speaking in Kingston at a luncheon hosted by the Briefing Room, the trade education unit of the Jamaica Chamber of Commerce.

Administratively, de la Bastide said the CCJ, which was inaugurated in April this year, was still readying itself for work, including sourcing technology to facilitate e-filing of documents, and filling job positions.

The Port of Spain based CCJ is already hearing two civil cases, both emanating from Barbados, but anticipates, said its president, that "other cases will soon be ready" for the court to adjudicate.

The first of the CCJ cases involves a libel lawsuit brought against a Barbadian radio station that played Calypsos poking fun at allegations against a poultry farmer who supplied chicken meat to restaurants in the tiny island of 270,000 people.

The CCJ president did not go into details about the second case.

The court, as it now stands, serves primarily as a trade court to settle disputes which may arise under the revised Treaty of Chaguaramas, which led to the establishment of the Caricom Single Market and Economy (CSME).

As such, the CCJ functions as an international tribunal interpreting and applying the treaty relating to issues such as the establishment of economic enterprise, the provision of professional services, movement of capital and the acquisition of land for the operation of businesses.

Only Barbados, where there was political consensus, and Guyana, which had no third-tiered court, have formally adopted the CCJ in its criminal and civil jurisdictions, while most members of the 15-member community, including Jamaica, struggle with legal obstacles or resistance from opponents who argue that the regional court could be vulnerable to political pressure.

Jamaica, while passing legislation to allow the island to go ahead with the CSME aspect of the CCJ, is still having talks - involving government and opposition - on how to proceed with criminal and civil arrangements following the rejection of the government's enabling bills by the UK Privy Council.

De la Bastide, referring to one of the old contentious issues that preceded he court's inception, stoutly denied that the court would be subject to political pressure, asserting that the Regional Judicial and Legal Services Commission which appoints judges to the CCJ was above the fray of politics.

"This body is outside political influence. It is broad-based and does not contain any political representation," said the CCJ president, outlining its composition.
It is made up, he said, of nominees of:

. the Organisation of the Commonwealth Caribbean Bar Association and the Organisation of Eastern Caribbean States (OECS) Bar Association;

. the chairman of the judicial services commissions of a contracting party;

. the chairman of a public service commission of a contracting party;

. two members of civil society appointed by the secretary-general of Caricom and the director-general of the OECS;

. two distinguished jurists nominated by the dean of the faculties of law of the university, the dean of the faculty of law of any contracting party together with the chairman of the council of legal education; and

. two persons nominated jointly by the bar or law associations of the contracting parties.

"It has nothing to do with politics," said de la Bastide.
His own appointment as president, he added, was subject to the review and recommendation of the commission.

A qualified majority of three-quarters of the heads of government of countries - referred to as contracting parties - can vote down the appointment, but they do not have the power, said de la Bastide, to recommend appointees.

"This is not like some old boy's club where somebody can nudge another and say go with him. The heads can reject, but they can't recommend," said the CCJ president.

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