THE GENERAL Election set for October 16, will soon be history and it will be time for a government to be formed. This will mean the appointment of a Prime Minister, Ministers and members of the Senate.
The major responsibility for appointing these persons will rest with the leader of the party that wins the election, and to a lesser extent, the Governor-General.
Under the Constitution, the Governor-General, whenever he has the occasion to appoint a Prime Minister, acting in his discretion, shall appoint a member of the House of Representatives who, in his judgement, is best able to command the confidence of the majority of members of that House.
Additionally, the Constitution states that the Governor-General shall, acting in accordance with the advice of the Prime Minister, appoint from among the members of both Houses such number of other Ministers as the Prime Minister may advise.
Sections of the Constitution, which set out the specific role of the Governor-General and how a Prime Minister, Ministers and Senators are appointed are outlined below.
SECTION 69 -
There shall be in and for Jamaica, a Cabinet, which shall consist of the
Prime Minister and such number of other Ministers (not being less than eleven)
selected from other Ministers appointed in accordance with the provisions
of section 70 of this Constitution, as the Prime Minister may from time to
time consider appropriate.
The Cabinet shall be the principal instrument of policy and shall be charged
with the general direction and control of the Government of Jamaica and shall
be collectively responsible therefore to Parliament.
Not less than two, nor more than four of the Ministers selected pursuant
to subsection (1), shall be persons who are members of the Senate.
SECTION 70 (1)
Whenever the Governor-General has occasion to appoint a Prime Minister he, acting in his discretion, shall appoint the member of the House of Representatives who, in his judgement, is best able to command the confidence of the majority of the members of the House and shall, acting in accordance with the advice of the Prime Minister, appoint from among the members of the two Houses such number of other Ministers as the Prime Minister may advise.
(Deleted by Act 16 of 1986)
If occasion arises for making an appointment while Parliament is dissolved,
a person who was a member of the House of Representatives immediately before
the dissolution, may be appointed Prime Minister and a person who was a member
of the House immediately before the dissolution, may be appointed as any other
Minister as if, in each case, such person were still a member of the House
in question, but any person so appointed shall vacate office at the beginning
of the next session of that House if he is not then a member thereof.
SECTION 35 (1)
The Senate shall consist of twenty-one persons who, being qualified for appointment as Senators in accordance with this Constitution have been so appointed in accordance with the provisions of this section.
Thirteen Senators shall be appointed by the Governor-General, acting in
accordance with the advice of the Prime Minister, by instrument under the
Broad Seal.
The remaining eight Senators shall be appointed by the Governor-General,
acting in accordance with the Leader of the Opposition, by instrument under
the Broad Seal.
