BOTH the ruling Jamaica Labour Party (JLP) and the Opposition People’s National Party (PNP) are, at one and the same time, wrong and right about the use of states of public emergency (SOEs), even if they are burying their heads in the sand.

The two major political parties might be pretending not to know that they both have a point about declaring or not declaring an SOE, perhaps because of their propensity to dislike agreeing with each other.

But the Opposition is right that constitutionally, as the court recently ruled and we paraphrase, prolonged use of a state of public emergency is not justified without the key elements of a public emergency as determined by law.

“The Government’s unprecedented declaration of 24 SOEs over the period 2018-2023 represented a sustained abuse of an extraordinary executive power under the constitution and a dangerous erosion of the rights and freedoms of the Jamaican people,” Mr Mark Golding, the Opposition leader, said in a press statement after the court ruling.

On the other hand, the Government is right because without a workable crime-fighting programme at the time, and with the runaway murder rate, it was necessary to give the security forces extraordinary powers to go after the bloodthirsty killers with a series of SOEs.

While the evidence of the success of the SOEs may be more empirical than absolute, the Government can argue plausibly that but for it, the dramatic fall in murders and other major crimes, as being experienced now, might not have been realised.

It is not unreasonable to believe that the SOEs bought the Government time to put in place crime-fighting apparatus based on improved technology; application of forensics; heightened intelligence driven by greater public co-operation with the police; and more adequate staffing, training and resourcing of the Jamaica Constabulary Force — all of which take time.

We note the testimony of Police Commissioner Dr Kevin Blake that the force had acquired 600 mobile and portable data-capable radios at a cost of US$2 million; 1,500 mobile printers costing $164 million; 1,000 hand-held devices with a price tag of $164 million; and considerable expansion of its fleet.

The nation’s top crime-fighter, in his May 14, 2025 speech at the handing over of modern equipment at his office, linked the better-equipped JCF to the 40 per cent decline in murders and 21 per cent drop in major crimes so far this year, compared with last year.

The PNP is well advised to recall King Pyrrhus of Epirus who famously declared after a victory against the Romans: “Such a victory is another defeat.” In other words, the Opposition should quit taunting the Government about the party’s rather pyrrhic victory, knowing that for all its noble statements about freedoms and rights, Jamaicans have to be alive to enjoy them.

At the same time, the Government should not allow wounded pride to cause it to waste precious taxpayers’ money appealing the ruling of the Constitutional Court. The Jamaican people will show, in due course, whether they believe the Administration was correct in using the SOEs.

In the meantime, Jamaica would be better off if the Government and Opposition could find away to negotiate around the use of SOEs, particularly when it is time to extend them, in keeping with the obvious spirit of the law.