KINGSTON, Jamaica — Opposition Leader Mark Golding insisted Friday that the post of Director of Public Prosecutions (DPP) is vacant and urged the Services Commission to move swiftly in recommending someone to act in the position.

Golding was speaking at a press conference at the People’s National Party headquarters in Kingston following the Supreme Court’s ruling that the second extension of DPP Paula Llewellyn’s tenure in office is unconstitutional.

READ: WATCH: Court rules second extension of DPP’s tenure unconstitutional

“The legal advice that we have received today is that this is a declaratory judgement that the constitutional court has made and there is no jurisdiction to grant a stay of a declaratory judgement. You can appeal it but it stands as a declaration of what the law is unless and until a higher court says otherwise. Our position is that Ms Llewellyn is no longer the DPP and has in fact not been the DPP since her 63rd birthday in September last year,” Golding said.

He noted that a provision covers the rulings she has made to date but said that since the ruling has now been made she can no longer perform functions as a DPP and a new DPP should be appointed.

Shortly after the ruling, Minister of Justice, Delroy Chuck said the government would be making an appeal. However, the Opposition leader maintained that Llewellyn must go in the interim.

READ: Gov’t to appeal Constitutional Court ruling against DPP’s extension

Government last year controversially amended the constitution to increase the age at which the DPP should proceed on retirement from 60 to 65.

READ: DPP can now serve up to age 70

The PNP in a lawsuit challenged the extension, which had followed a previous three-year extension in 2020 when Llewellyn turned 60.

The prime minister initially proposed a five-year extension, and the governor general approved a three-year extension, which expired in September 2023.

— Kelsey Thomas