Every once in a while a nation finds itself at a crossroads; a defining moment that can shape its development and its destiny. Over the past few years Jamaica has been sliding down a precipice in our governance. The latest slippage involves the issues surrounding the recent appointment of Dennis Chung as the new chief technical director (CTD) of the Financial Investigations Division (FID).

The FID is a critical component of Jamaica’s accountability framework. The FID — and the CTD’s office — must have the full confidence of Jamaicans as well as the global and regional community in its investigations of the prime minister’s finances and all other matters under its investigation. Therefore, the CTD requires particular competencies, qualifications, experience, demonstrated independence, and impartiality.

Chung’s public comments concerning the Integrity Commission’s referral of the prime minister’s financials for further investigation by the FID in 2024 raise understandable questions of impartiality. Unexplained changes to requirements for the CTD post published in
The Gleaner on November 24, 2024 raise even more concerns that undermine the important work of the FID.

The Advocate Network, therefore, joins Jamaica Accountability Meter Portal (JAMP) and National Integrity Action (NIA) in demanding full transparency of the CTD’s appointment so as to reassure Jamaicans about the credibility of the process.

However, Jamaicans should note that this matter goes way beyond Dennis Chung. It raises fundamental questions of the adequacy of our structure of governance, where power has been centralised and controlled by the prime minister and Cabinet, with no oversight.

Under the FID Act, 2010, the reports of even the most suitable CTD go to the finance minister as well as the House of Representatives and the Senate (s11), all under the control of the prime minister. Effectively, by constitutional design, the prime minister could have the final say over his own investigation.

This matter has now been escalated by protests led by the Opposition People’s National Party (PNP). In response, the prime minister has encouraged Jamaica Labour Party (JLP) supporters to protest “in your workplace, in the market, and wherever you are” against what he called the PNP’s “manufactured rage and crisis that don’t exist”.

Jamaicans must be reminded that the deeper governance crisis at the root of this matter is that since 2021 the required statutory declarations of the prime minister are yet to be certified by the Integrity Commission. This is, to my mind, a governance crisis!

We are at a monumental governance crossroads. As we move closer to a national election, we are also facing the fact that eight parliamentarians are being investigated for illicit enrichment who may be on the ballot. This has never happened before in our country’s history. This is a defining moment.

The Advocate Network urges Jamaicans to carefully consider this governance crisis facing our nation as well as the integrity of political leadership as we make decisions about the future of our country. We urge Jamaicans to not only vote, but also demand meaningful constitutional reform — from both the JLP and PNP — that addresses the persistent governance challenges we face, especially the concentration of prime ministerial power.

Among other things, constitutional reform must include adequate parliamentary oversight over executive actions. This, in turn, limits the probability that the findings of the FID reports, and other such reports, can be suppressed by the executive. Without such governance reforms, Jamaicans will continue to distrust political leadership and withdraw from the political process, further entrenching the perception and reality of authoritarian leadership with unfettered power.

The above piece is submitted by the Advocate Network, a non-partisan alliance of individuals and organisations advocating for human rights and good governance to improve the socio-economic conditions of the people of Jamaica and transform lives.