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‘So now that the case is closed…’
Opposition LeaderAndrew Holness
News
March 26, 2015

‘So now that the case is closed…’

Talk Back

JAMAICA Observer online readers have weighed in on Opposition leader Andrew Holness’s unsuccessful appeal against a Supreme Court ruling that he acted gainst the Constitution when he used two pre-signed resignation letters to oust two senators. The Court of Appeal handed down the ruling on Wednesday. Here are some edited comments:

raggalou

The ruling of the Supreme Court in this case is sound. Any other misstep by the leader of the opposition will be cause for him to resign. His authority and respect have already been diminished. You have no choice but to walk softly now, Prince Holness.

jayjayja

Holness’s position is untenable and he should resign forthwith and save his career in that he can come back after the next elections. If he refuses, he should be pushed and loses his chance of ever returning as party leader.

Nic Karta

So now that the case is closed… what is the status of all the laws passed or altered while Reid and Clarke were in the Senate? Are those laws still valid?

Yadda

I am still waiting on the court to tell us how does a party leader (or anyone else) remove a senator from office, or straight up, whether or not they are saying the Constitution says a senator, once appointed, can only be removed if he chooses to resign. So is this court telling us that if a senator commits a crime and is CONVICTED he/she cannot be removed from office unless he/she decides to resign?

May I point out to this nation that recently Canada, which is another parliament of a Commonwealth nation with an English Common Law system, removed some senators from office and they did not resign.

Kool Jamaica

@Yadda: This is different: the opposition can fire them or force them to resign, not use a pre-signed resignation letter to fire them. You need to read with understanding. To resign and fire them are different. It’s blatantly wrong for the opposition to do what he did and would be the same in Canada, my friend.

carol white

Question: When is a scandal a scandal? Hasn’t this drama reached scandal proportion yet? …By the way, Williams and Dr Tuffton went through all this embarrassment because of support for Shaw, and not a word from Shaw.

observer

It is sad to see the JLP teetering from one crisis to another. It is even more sad to see that the leader himself is the main instigator of these crises. Bad enough that he instigated the senate saga, but worse that he has prolonged it.

Mike jones

This kind of mentality from our leaders is what causes the stagnant growth in our economy and our people to think and believe fear and intimidation can gain their access to prosperity. Mr Holness, you cannot do as you please because you are the party leader. Not everyone or every minister or senator in your party or the citizens in general has to support all your decisions. You must be challenged at times to prove your grit and worth.

Yadda

So a few hours after the “decision” he gives a comment. Did his legal team have the chance to consider the “decision”? Is that all the matter of the letter the only issue they took to the court?

Many Jamaicans still think a senator cannot be booted from office, and I want to know the proper procedure to handle such an issue when the appointer loses confidence in the appointed. Again, if the appointed is a proven unfit, is the court saying he/she has to agree to leave office?

I am demanding to know, if my country has to negotiate with a convict, for instance, to leave office/the senate. That remains to be determined by the court.

Jamdowner

You should have closed the case yourself and stop tying up the courts. You complain about high crime rate, yet you are taking up court time with a case which is nothing more than an ego trip. Leave the courts to deal with criminals and not wasting time witch hunting.

revjoanporteous

Similarly, the use of those letters without the consent of the persons who had signed them was also invalid (Jamaica Observer). The court is very generous to Holness in ending its decision there.

Jamaica CoreEvents

Based on the Constitution and what it says about certain offices, which include the office of the Opposition leader, he should resign as he broke one of the laws of the Constitution. The Constitution also pointed out what course of action should be taken IF such an occurrence should happen. I will wait and see what the man who loves to sing about good governance and loves to ask people to resign will do.

ricky

Would that mean then, that any laws passed by the Senate while Reid and Clarke were sitting as senators should be repealed and once again put before the Senate for a new vote? I ask this because, based on my interpretation (from a layman’s view) of this ruling and the previous one from the full court, both men were never actual senators since there weren’t any legitimate vacancies to be filled.

Raggaray

The shady things people do to gain and maintain power. Now I have to wonder what else is hidden. These pre-signed letters could be the tip of the iceberg. This victory over Shaw is now tainted. He has lost credibility as a person who honours the democratic process. Everyone involved in this situation has to be viewed with suspicion.

Mystery Man

@Raggaray: Shaw has lost credibility too. The man took IMF money and refused to honour conditions. No honour = lost credibility.

Lori

Arthur williams, you are not innocent!

Andyb

Do the right thing and resign. You are morally bankrupt, sir.

DannyB

Do the right thing, Andrew. But do we need Audley right now ?

Blacktigershark

@DannyB: No, we don’t! Mystery Man has adequately outlined why Jamaica or the JLP needs Audley Shaw in any position of power right now. IMF won’t trust Shaw, and why should they, or any other foreign lender, with Shaw at the helm?

NejeeperKNG

Mr Holness, honestly it breaks my heart to see you in this predicament. This is not an unpaid traffic ticket, error on your tax return, or some minor altercation when you were in college. This is so much of an integrity issue and if I was to support you I would be a hypocrite. I want what’s best for JA. I am a supporter of the JLP and I will continue to be because the PNP reminds me of a crane with wrecking ball. And that can only serve one purpose which is what they have been doing — wrecking the country.

Take a step back, my friend; you have already made history by being the youngest PM in Jamaica. And the fact that there is no minimum period in law which specifies how long a prime minister should serve before he becomes entitled to pension. You have made some accomplishments. Now, stop thinking about yourself and start thinking about the country and what your party needs to be a viable option.

InMyOwnWords

There was closure from the first ruling, but only you did not get it and refused to accept it. I expected you to appeal to the Privy Council next, but if you did that your own party would dump you …so you are forced to come to terms with the first and second ruling.

Glendon Marsh

Time to go. The resignation letters presented to the governor-general constituted a fraud, a clear violation of the Constitution to satisfy a vindictive motive.

andtothink

It’s amazing how quickly individuals will draw for resignation for Mr Holness. There are so many other factors that are affecting our country besides a letter, where no one is barking and asking resignations of the people who are not being effective with leadership to run our country. Stop sweating the small stuff, if you want to fight and ask resignations, address the current party who is not doing anything “grand ” for our country.

RasBenjiMassop

Mr Holness seems to be intent on justifying Ms Simpson-Miller’s opinion of him as “mi son”.

His display of political naivety, at the time when magnanimity and foresight should have been employed, coming behind his decision to call the elections at a most in-opportune time, has left some ‘independent citizens’ wondering about his readiness for the ‘bright lights’.

Liz

The problem is that the whole political process is rotten. Williams helped Holness to draft pre-signed resignation letters that they knew beforehand were unconstitutional. Senators are not employees, and even if they were, no court in the land would back a boss engaging in such nefarious practices.

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