Gov’t says it will appeal Supreme Court ruling on SOE
KINGSTON, Jamaica — The Government says it will appeal a decision handed down by the Supreme Court on Friday, which declared multiple states of public emergency (SOEs) imposed between January 2018 and February 2023 unconstitutional and void.
According to the judgement, the SOEs were not declared for purposes specified under Section 20 of the constitution; were not demonstrably justified in a free and democratic society; and breached the doctrine of separation of powers.
The court also declared three “rolling proclamations” on November 15, December 6, and December 28, 2022, a breach of the separation of powers, as they circumvented Parliament’s constitutional role under Section 20(4) to approve SOE extensions beyond 14 days with a two-thirds majority.
In acknowledging the ruling on Friday, the Government said the Attorney General’s chamber will be undertaking a thorough review of the legal and constitutional implications of this decision in preparation for its appeal.
“As it was satisfied with the conduct of the Parliament, the Government, and the governor general in declaring these states of emergency, the Government will now give serious consideration to this judgment as we appeal the decision,” stated Attorney General of Jamaica, Dr Derrick McKoy.
Dr McKoy said the government will continue their support for security forces, stating “The people of Jamaica are experiencing a historic reduction in crime thanks to effective crime-fighting strategies, historic investment in policing infrastructure, increases in the number of police officers, implementation of enhanced intelligence operations and SOEs. Jamaica recorded 132 fewer murders in the first quarter of 2025, representing the third straight quarterly decline since the second quarter of 2024.”
He continued, “Incidents of shootings, rapes, robberies, and break-ins have all declined consistently over the past six quarters, beginning in the third quarter of 2023.”
“The implementation of states of public emergency resulted in the reduction of murders and saved lives. The Government and the people of Jamaica continue to view the level of murders in Jamaica, which at times would have been three times as high as the regional average, as a national emergency,” Dr McKoy added.
