Erica Virtue, Staff ReporterPublic officials faced with severe financial difficulties may hold public office unless declared bankrupt by the court of law.
The Jamaican Constitution, the highest laws of the land, states that unless adjudged so by the courts, a person is not disqualified from holding public office.
Chapter V, section 40 of the Constitution, under the broad heading of Disqualifications for membership of Senate and House of Representatives, item 2 states "No person shall be qualified for election as a member of the House of Representatives who has been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and has not been discharged.
Former president of the Jamaican Bar Association, Derek Jones, last week said in order for a person to be declared bankrupt, an order has to be made in the Supreme Court under the Bankruptcy Act.
"You have to declare someone bankrupt and the Bankruptcy Act sets out the process," Mr. Jones said in an interview.
The Bankruptcy Act of January 1, 1880, says a "bankruptcy petition" means a request that the affairs of the debtor be wound up, and his property administered, under the provisions of the law of bankruptcy. Those seeking to collect from the bankrupted are "creditors" which may include any two or more persons to whom a debt is owing jointly, and also incorporated joint stock companies.
According to Mr. Jones, a bankruptcy order can be against anyone who has been sued, and from whom judgment cannot be recovered.
"If the court agrees with you, then they issue first of all a provisional order in bankruptcy and they go through certain procedures, and then they issue an absolute order in bankruptcy. And that is what constitutes a person being adjudged bankrupt," he noted.
Mr. Jones said an individual can issue an order to declare himself bankrupt, but noted that "it was unusual, but can be done."
