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BY BALFORD HENRY Observer writer  
November 3, 2004

Golding, Charles square off on separation of powers

Days before Jamaica Labour Party delegates vote for their new leader, Bruce Golding and Pearnel Charles are moving to solidify their positions on the vital issue of separation of powers.

Golding is all for it, while Charles is staunchly against it.

The issue, according to Golding, is one of two that are still outstanding from the seven-point Memorandum of Understanding (MOU) that he had agreed to when he returned to the party at the eleventh hour before the local government elections of 2002.

“Five of these points have been agreed by the party,” he said in response to questions from the Observer. “One of the two outstanding issues concerns the fundamental question of the structure of government and the principle of separation of powers.

There are strong differing views on this matter and it will have to be the subject of intense discussions within the party. I am satisfied, however, that there is general agreement on the need to restrict the powers of government and to ensure that it is held more accountable for its actions.”

The MOU, which detractors of Golding said was a face-saving device, was crafted ahead of his return to the JLP, after almost seven years away in the National Democratic Movement (NDM) which he formed in 1995, at the height of a bitter dispute with Party Leader Edward Seaga.

The separation of powers issue was regarded as the centrepiece of the MOU. However Charles, along with several other members of the JLP, is diametrically opposed to the idea.

“I am not in favour of separation of powers. Those who are elected must be held accountable,” he said.

He argued that under the Jamaican Constitution and the Westminster model of government, those elected by the voters must sit in Cabinet and make decisions on their behalf.

“This ensures that those who actually govern are indeed the people’s representatives,” said Charles. “This is democracy at work, and a democracy where the rights of the people have now to be entrenched. As members of the Jamaica Labour Party we are sworn to uphold it.”

Golding, fully aware that the issue may likely lead to further debate after the leadership vote, stressed that Labourites will have to sign off on any reforms made.

“Any major change in the current arrangements would require the approval of the electorate, and the party is already committed to a referendum to allow the people to determine the structure of government which they prefer. This can be done within a relatively short time,” he said.

“The elimination of political tribalism is more a process rather than an act of decision, because it has become embedded in our culture. It will require strong will and determined leadership. Happily, the party has agreed to implement various measures to move the process forward.”

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