Gov’t will continue to use SOE despite legal challenge – Chang
ST JAMES, Jamaica – National Security Minister Dr Horace Chang has stated that the Government will continue to use the state of public emergency (SOE) despite the Opposition People’s National Party indicating that it has asked the Supreme Court to rule on the constitutionality of the Holness administration’s continued use of the crime-fighting tool.
“I have learned that… let lawyers argue their case in court. The constitution does provide for a state of public emergency in particular circumstances and we think we do have the circumstances that justify it and will continue to use it,” stated Dr Chang, who was speaking with journalists in St James on Friday
His comments were in response to queries as to whether the Government believes the Opposition has a case.
Dr Chang, who is also the deputy prime minister, said the country has good jurisprudence which will examine the case. He pointed to a recent situation where the Privy Council (the final court of appeal) indicated that issues that interfere with certain rights in the face of the circumstances are justified.
“So, it is a matter of judgement and Parliament is the key to Memphis and it is unfortunate that we don’t have full consensus. So, until then we use what is available, which is the 14- day when we see the numbers going in the wrong direction,” stated Chang.
On Tuesday, Opposition Leader Mark Golding, during his contribution to the 2023/24 Budget Debate in Gordon House, indicated that the court was asked to “rule definitively” on the matter. Coincidentally, the Government announced earlier in the day that two more SOEs had been declared for Clarendon and St James.
The law provides for the Government to declare an SOE for two weeks following a two-thirds vote which must be secured in the Senate and the House of Representatives for it to be extended for up to three months each time.
Chang, who is also the Member of Parliament for St James North West, in arguing his case, has contended that there was an upsurge in the parish recently and, since the declaration of the SOE last week, there have been no incidents.
Dr Chang said the use of the SOE is to save lives.
“That’s impatient of any kind of debate. It is a fact and using the State of Public Emergency is one of the better legal forms to do it because it comes for renewal in Parliament,” Dr Chang argued.
The minister noted that while the Government continued to train more men and women for the security forces in specialised areas and provide more equipment, strong measures could help to reduce the number of homicides and deaths of Jamaican citizens.