Interim DPP to be named today

Interim DPP to be named today

Llewellyn steps aside after 16 years following bombshell court ruling

For the first time in 16 years, Jamaica is to have a new director of public prosecutions (DPP) with an interim director to be appointed today.

The development comes as the longstanding DPP, Paula Llewelyn, who was appointed in March 2008 and who had previous extensions to her tenure, reportedly decided to step aside.

Her decision follows last Friday’s bombshell ruling by the Constitutional Court that a second extension granted to her by the Andrew Holness-led Administration, following an amendment to the Jamaican Constitution, was unconstitutional.

The court validated an amendment to the Constitution in July last year, which raised the retirement age for the DPP from 60 to 65 years, determining it to be valid. However, it struck down a provision that allowed Llewellyn to choose to continue in office as “unconstitutional, null and void and of no legal effect”.

The 63-year-old Llewelyn had previously been granted an extension when she turned 60.

The Public Service Commission (PSC) will name the interim DPP today, its first order of business after it was reconvened on Sunday after its tenure had expired on March 31.

https://jamaica.loopnews.com/content/interim-dpp-be-named-today

Opposition Leader charges real estate sector to embrace sustainable building practices

Opposition Leader charges real estate sector to embrace sustainable building practices

ST JAMES, Jamaica-Opposition Leader Mark Golding has charged stakeholders in the real estate sector to embrace sustainable building practices and promote energy efficiency to benefit the environment and reduce long term operating costs for homeowners.

“lt is important that while maintaining an efficient cost structure, the quality and craftsmanship in all aspects of development, from construction materials and techniques to architectural design and finishing touches are also maintained.  This will ensure that you earn the trust and confidence of buyers while securing your investment and buyers’ investments as well,” Golding said.

“Too often we hear homeowners in new developments complaining about the quality of homes which they have spent their hard-earned money on. Additionally, I encourage you to create developments that prioritise accessibility and inclusivity for people of all ages, abilities, and backgrounds,” he added.

Golding’s remarks were read by Senator Janice Allen at the Realtors Association of Jamaica’s International Real Estate Conference and Home Owners Expo held at the Montego Bay Convention Centre last week.

The expo was held under the theme: “Future of Investments in Real Estate: Destination Jamaica”.

Noting that the real estate market in Jamaica is dynamic, posing both opportunities and challenges, Golding argued that “over the past decade, we have witnessed a concerning trend of declining homeownership rates, particularly in urban centres where the cost of housing has skyrocketed, placing the dream of homeownership out of reach for many hardworking individuals and families”.

He said data from the 2022 Voluntary National Review Report of the 2030 Agenda and the SDGs, shows that in 2019 over 100,000 fewer Jamaicans rented or lived in their own home than in 2007. The report also showed that 30 per cent of households were either living rent free with owners’ consent, what Jamaicans would call “kotching”, or they were occupying premises without the legal owner’s consent which represented an increase of over 10 per cent in comparison to the preceding decade.

“Shelter is not merely a commodity; it is a fundamental human right. In the Jamaican historical and socio-economic context, it requires a proactive approach by the State in collaboration with private entities to provide sustainable and affordable housing for our people,” Golding said.

“As we navigate this landscape, we must ensure that the interests of all stakeholders are balanced. We must also remain vigilant to safeguard our environment as well as agricultural lands, preserving the natural bounty that sustains us,” he added.

https://www.jamaicaobserver.com/2024/04/21/opposition-leader-charges-real-estate-sector-embrace-sustainable-building-practices/

Jamaica: Opposition celebrates another constitutional win

Jamaica: Opposition celebrates another constitutional win

(Jamaica Observer) President Mark Golding and members of his People’s National Party (PNP) on Friday celebrated the latest in a series of victories against the Government, following a ruling by the Constitutional Court that an extension last year to the tenure of Director of Public Prosecutions (DPP) Paula Llewellyn was unconstitutional.

Golding, the leader of the Opposition, wasted little time on Friday following the ruling to call a press conference where he celebrated the victories by the PNP against the Government over the unconstitutional nature of specific legislation.

Golding used Friday’s press conference to highlight political points gained by the PNP in its challenging of legislation and actions of the Government on numerous occasions. He said the PNP was doing its duty as guardian of the constitution.

“This [latest] ruling is very, very important. It is ground breaking because it is a bill to amend the constitution that they passed and the basis on which it was challenged was because we felt the way it was seeking to do this had an improper motive, but also was in violation of the constitutional arrangements to do with how a DPP can have her tenure in office extended. The current DPP had received a three-year extension prior to her 60th birthday in accordance with the procedure that the constitution provides and the governor general approved that extension. Her tenure should have ended September last year, which was the end of that three-year period. The Government, for reasons one can only speculate about, sought in July last year to rush through this legislation not only to say that future DPPs and auditor generals would retire at 65 rather than 60, but to apply that to the existing incumbent is where they violated the constitution,” Golding said.

https://www.winnmediaskn.com/jamaica-opposition-celebrates-another-constitutional-win/

Golding threatens legal action over shielded AG’s opinion

Golding threatens legal action over shielded AG’s opinion

Opposition Leader Mark Golding says the parliamentary Opposition may ask the court to compel House Speaker Juliet Holness to release the legal opinion of the attorney general (AG) on how reports sent to Parliament are to be tabled.

Golding has maintained that the Speaker’s position and her directive on how reports should be treated are flawed.

“We are calling once again for the opinion of the Attorney General’s Chambers on this matter, which we’ve been asking for, for months and months, to be released to all parliamentarians so we can see what the Attorney General’s Chambers said about the procedure for tabling reports,” said Golding at a People’s National Party (PNP) press conference on Friday.

The press conference followed a ruling by the Constitutional Court hours earlier that an extension granted last year to Director of Public Prosecutions (DPP) Paula Llewellyn to remain in office was unconstitutional.

Opinion does not belong to Speaker

The Opposition had brought the matter to court.

Golding said the Opposition may take a similar route to have the AG’s opinion released to legislators in the House of Representatives.

“This is a matter which we will be looking at closely as to whether we’re going to have to take this matter to court for a ruling as well … .

“That opinion is not an opinion belonging to the Speaker. The Speaker acts on behalf of Parliament in seeking the legal advice of the attorney general on a matter that affects all members of parliament and indeed all parliamentarians, including the Senate,” the opposition leader said.

Last November, Holness ruled that reports by the auditor general on public bodies had to wait for two months before being tabled to allow relevant ministers time to comment on them, in accordance with the Financial Administration and Audit Act and the Public Bodies Management and Accountability Act.

Similarly, at that time, Holness announced that she would end the practice of tabling all Integrity Commission (IC) reports upon submission.

She implemented a new rule, which mandates that special and annual reports of the IC will go to its oversight committee for deliberations first and then tabled later on with the committee’s own report.

Investigation reports from the IC would be tabled “as soon as possible” and then sent to the IC Oversight Committee.

Golding said the AG’s opinion should be shared with all parliamentarians so they can see what the principal legal adviser to the Government has said on the matter.

The AG’s Chambers recently denied an access to information request made by The Gleaner, stating that the document is exempt from disclosure on the grounds of legal professional privilege.

It said only Holness could waive that privilege.

At the same time, Golding said there are other issues “of grave concern”, including the matter of the political ombudsman and the way in which “that has been conflated into the Electoral Commission of Jamaica”.

A flawed approach

Golding said this move, which makes the commissioners, collectively, the political ombudsman by the Government is a flawed approach.

“We objected to it when the legislation was brought to Parliament and it was rushed through again with indecent haste and, of course, it has not worked. Local government elections have come and gone and they were unable to effectively play any role in dealing with the kind of issues the political ombudsman is established to deal with,” said Golding.

He said these are issues which are “highly contentious” and ought not to be brought under the commission, a body established to ensure consensus between the country’s main political parties on electoral matters.

Further, Golding said this is to reduce tension and ensure that Jamaica’s democracy functions in a way that is in keeping with good governance, law and order and ensure a peaceful society.

He said this is another issue on which the Opposition feels that the Government has gone down “a very wrong path”.

“But they are stubborn and headstrong and it is only when we take them to court and win there that they have to reconsider, wheel and come again, as was done with NIDS (National Identification System) and will have to be done with the DPP,” said Golding.

kimone.francis@gleanerjm.com

https://jamaica-gleaner.com/article/lead-stories/20240420/golding-threatens-legal-action-over-shielded-ags-opinion

 

Gov’t to appeal after court rules DPP’s second tenure extension unlawful 5:53 pm, Fri April 19, 2024

Gov’t to appeal after court rules DPP’s second tenure extension unlawful 5:53 pm, Fri April 19, 2024

There is uncertainty about the future of Paula Llewellyn as the country’s chief prosecutor following a ruling by the Constitutional Court on Friday.
The government suffered a major blow when the court ruled that an amendment to the Constitution passed by the Parliament in July last year, granting a second extension of Ms. Llewellyn’s tenure as Director of Public Prosecutions, was illegal and unconstitutional.
The government had insisted that the amendments, which facilitated an increase in the retirement age of the DPP from 60 to 65, were not in breach of the Constitution.
Justice Minister Delroy Chuck on Friday declared that the government will be appealing the ruling.
“The government…takes note that the application of the Director of Public Prosecutions to extend her tenure, provided under the act, to age 65, has been ruled unlawful. The government of Jamaica does not agree with this part of the ruling of the Constitutional Court and will instruct its attorneys to ask for a stay of execution and immediately appeal the ruling,” he announced.
In an interview with Beyond the Headlines host Dionne Jackson Miller, Mr. Chuck argued that the government has a solid case to present to the Appeal Court based on the findings by the Constitutional Court.
“So, Section 1, having been ruled constitutional, then the DPP can continue to age 65 because she’s the DPP. So, my view is that the court and ruling that subsection 2 is unlawful, with due respect is neither here nor there. It did not empower the DPP to go to age 65. It only allows the DPP to get the full pension benefit in the event that she retires before age 65,” the Justice Minister contended.
There is no word yet whether Ms. Llewellyn will continue as the island’s chief prosecutor, despite the government’s notice to appeal.
There have been calls for her to step aside following Friday’s ruling.
‘DPP must stand down’
Opposition Leader Mark Golding on Friday insisted that Ms. Llewelyn should demit office in light of the court’s decision.
“It’s highly undesirable that somebody should hold office as DPP in this country knowing that his or her tenure is a matter of grave concern to the opposition of the country. It is not a good thing for the office of the DPP to be in any way politically contentious. And I think that in light of today’s ruling, Ms. Llewellyn ought to stand down and should not seek to make an effort to continue to hold that office,” the Opposition Leader said at a press conference at the People’s National Party’s headquarters on Old Hope Road.
Mr. Golding urged the government to act swiftly in selecting a new DPP, while adhering to appointment guidelines.
“The Services Commission should recommend to the Governor General quickly to appoint somebody to act as the DPP. And that’s quite normal, it happens frequently when an incumbent DPP has to go and leave or whatever – that should be applied and done quickly,” he suggested.
Gov’t too headstrong
Mr. Golding said the government has been headstrong in its approach to governance, but Friday’s ruling indicates that the judiciary can be used effectively to hold the executive to account.
He added that the opposition will continue to seek judicial review on all other decisions that it believes contravene the Constitution and its role as a buffer against government overreach.
Among those issues, he said, is the matter of the tabling of Auditor General’s reports.
“We are calling once again for the opinion of the Attorney General’s chambers, which we’ve been asking for for months and months, to be released to all parliamentarians so we can see what the Attorney General’s chambers said about the procedure for tabling reports,” he said, indicating that the opposition was considering taking the matter to court for a ruling.
https://radiojamaicanewsonline.com/local/govt-to-appeal-after-court-rules-dpps-second-tenure-extension-unlawful
Llewellyn is no longer DPP, insists Golding

Llewellyn is no longer DPP, insists Golding

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.

“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.

https://www.jamaicaobserver.com/2024/04/19/llewellyn-no-longer-dpp-insists-golding/
Golding calls for immediate appointment of a new Director of Public Prosecutions

Golding calls for immediate appointment of a new Director of Public Prosecutions

Opposition Leader Mark Golding has called for the immediate appointment of a new Director of Public Prosecutions (DPP).

The call followed Friday morning’s ruling by the constitutional court that Paula Llewellyn’s second extension in office was unconstitutional.

The Opposition said based on the ruling, Ms. Llewellyn must demit office, immediately.

The ruling was made on a lawsuit filed last year, by People’s National Party members, Peter Bunting and Phillip Paulwell.

The lawsuit challenged amendments to legislation, which extended the retirement ages of the auditor general, and the DPP, from 60 to 65 years, with a possible extension to 70 years.

Bunting and Paulwell contended that the extension was enacted for an improper purpose and was therefore inconsistent with the constitution.

In handing down its ruling this morning, the court explained that while the amendment to increase the DPP’s age of retirement is valid, the new provision introduced in section 2-2, which gives the DPP the right to elect to remain in office, is invalid.

Speaking at a press conference this afternoon, the opposition leader described the ruling as a victory for the people of Jamaica.

He said the ruling effectively means that Ms. Llewelyn is no longer the DPP.

Mr. Golding said the public service commission should begin the process of filling the role.

The Opposition Leader added that government must act immediately to avoid uncertainty in the judicial system.

Golding calls for changes to tourism model; repeats call for income tax threshold increase

Golding calls for changes to tourism model; repeats call for income tax threshold increase

People’s National Party, PNP, President Mark Golding has called for changes to Jamaica’s tourism model, to ensure greater benefits to the island.

This, as he noted that the majority of the tourism dollars spent on the island do not benefit ordinary Jamaicans.

Speaking at the PNP’s 85th annual conference in Kingston on Sunday, Mr. Golding noted that tourism is one of Jamaica’s most important sectors.

He said it should be contributing more to the national economy.

Mr Golding said the next PNP government will seek to change this reality where tourism only benefits a few.

Meantime, the PNP president has repeated the call for government to increase the income tax thresh-hold to offset the increasing cost of living.

The thresh-hold is $1.5 million. Mr. Golding noted that the last reset was 7 years ago.

Mr. Golding also raised concerns about the increasing use of fixed term contracts by some employers, including government.

He noted that the practice often leads to workers being denied rights and benefits.

Golding calls for changes to tourism model; repeats call for income tax threshold increase

A leader has emerged

A leader has emerged

Dear Editor,

As I listened to President Mark Golding’s speech at the People’s National Party’s (PNP) annual conference, for the first time I felt I was listening to a leader, someone who could become prime minister.

He was assertive, confident, inspiring and polished. He spoke with integrity and touched on a wide range of topics from climate change to crime, education, and social reform.

Golding, who is only in his third year as leader of the PNP, has finally found his way on the right trajectory. He will only get better. He pushed the right buttons, he capitalised on the irony of “the prosperity donkey” in his message, a potent metaphor referencing the Prime Minister Andrew Holness’s gift of a donkey to a farmer in St Elizabeth, a story which went viral on multiple platforms.

Golding said the country must sever ties with the UK Privy Council as the final Court of Appeal when Jamaica becomes a republic, a view shared by many. He promised to raise the income tax threshold, given the rising inflation, and push for the formality of patois, especially for teaching and learning. He highlighted two main failures of the present Administration: failure to deliver on prosperity and security, which many would agree with. Golding went on to say, “I stand firm in leading our party in our mission of social and economic transformation to better Jamaica for all people.” Indeed, the PNP is returning to its core values and messaging which is also a good sign.

Overall, the PNP conference was a success, and the strong turnout might’ve surprised many, including those inside. Golding must not take anything for granted, however. I would like to see the PNP read the room carefully and listen to supporters and critics alike. The perception of the PNP in recent years is one of disunity. The party must evolve and appear as organised as ever. More women must be visible in the party. Let’s not kid ourselves, Lisa Hanna is still an asset, her appearance at the conference was riveting and the PNP should find ways to include her in the mission.

There was a report in the media featuring a group of disabled PNP supporters at the conference who called for increased support and greater inclusion in society; these are valid points. Not long ago we heard of students being turned away at a high school due to lack of proper facilities. It is 2023 and we should be moving towards a more inclusive society. Likewise, fixed election dates should be pursued so that politicians wont be able to play games with the electorate.

We must have legislation supporting impeachment of those elected and appointed to serve, attendance at Parliament must be regulated with consequences. We hope to hear more from Golding on health care, which continues to fail most Jamaicans, and how a PNP Administration plans to tackle two of Jamaica’s biggest problems, corruption and crime.

P Chin

chin_p@yahoo.com

 

A leader has emerged

PNP President urged to focus on uniting his party, following successful annual conference

PNP President urged to focus on uniting his party, following successful annual conference

On the heels of what has been described as a successful annual conference, People’s National Party(PNP) President, Mark Golding is being urged to place his focus on uniting his party.

That message from two of Jamaica’s political commentators.

While commending Mr. Golding for presenting an authentic message, the commentators said he will need to go much further to ensure victory in the next Local Government Elections.

Political Analyst Linton Gordon noted that Mr. Golding and his General Secretary must work to address the internal disputes in the party and bring about harmony.

That sentiment was echoed by Kevin O’Brien Chang, who noted that the perception of disunity in the party must be addressed urgently if the PNP is to stand a chance in the next polls.

PNP President urged to focus on uniting his party, following successful annual conference