From left, Patterson, Golding, and Seaga
Lloyd Williams, Senior Associate Editor
SO THE young (and not-so-young) reformists of the Jamaica Labour Party are well on the way to draining the swamps of the loyalists and capturing the party leadership, come annual conference which is scheduled for November 2004.
As you read, the reformists are probably putting strategies in place to ensure this objective, and delegates will be wooed right up to conference day in case Mr. Edward Seaga, the party leader, now 73, decides not to go willingly, but to make a fight of it, prove his critics wrong and go out in glory by leading the JLP to victory at the next general election. General Election Number 15 is not scheduled before October 2007, but of course, the Prime Minister could call it at any time he chooses, before then.
BOW OUT GRACEFULLY
Should Mr. Seaga decide to bow out gracefully at the next annual conference, elder statesman-style, Bruce Golding, the heir apparent, would succeed him immediately as leader of the party, despite deputy leader Audley Shaw's apparent ambition, telegraphed by his bid for the party chairmanship in mid-November 2003.
But outside of a general election, which Prime Minister P.J. Patterson (or his successor) is not likely to call anytime soon, it seems that only at his (Patterson's) pleasure, would Mr. Golding be able to get into the House of Representatives and as Leader of the (Parliamentary) Opposition, consolidate his hold on the JLP which he hopes to lead to victory at the next general election.
The Constitution of Jamaica states at Section 45, that:
"Whenever the seat of any member of the House of Representatives becomes vacant the vacancy shall be filled by election in the manner provided by or under any Law for the time being in force in Jamaica."
But there does not seem to be a corresponding requirement on the part of the Prime Minister to call a by-election within a specific time frame to fill any vacancy that may arise in the House from unauthorised absence, resignation, death, or for any other reason.
BREACH OF THE CONSTITUTION
Mr. Beresford Hay, attorney-at-law, has from time to time criticised what he describes as the breach of Section 45(2) of the Constitution by the inordinate delay in calling by-elections, thereby leaving constituencies without representation for more than a year in some instances.
Three abusive examples, cited by Mr. Hay, are:
St. James North West, which was without an MP from August 31, 2001 when Francis Tulloch (PNP) resigned, to the general election of October 16, 2002.
St. Catherine South Central which went without a Member of Parliament from June 11, 1996 when Miss Heather Robinson (PNP) resigned, to the general election of December 18, 1997 when Sharon Hay Webster won the seat.
St. Ann North Eastern which was vacated by Danny Melville (PNP) on November 10, 2000 and was not filled until the by-election of March 8, 2001 which Shahine Robinson (JLP) won.
As Mr. Hay observed in a letter to the Editor on September 2, 2002:
"It is obvious that there is a gap in our system of governance and that there is need for some official mechanism to ensure that by-elections at Central and Local Government levels are held as soon as vacancies occur failing which there are appropriate sanctions."
As Mr. Hay sees it, where the law does not state a specific period for having a by-election, it should be done "with due speed". In Barbados, he says, a by-election must he held within three months of the vacancy being created and in the Bahamas, six weeks. "If the law says that something should be done, in civil matters it's within a reasonable time and in criminal matters, it's with due and convenient speed," Mr. Hay said.
HIS OWN GOOD TIME
So it is only the Prime Minister who can decide and in his own good time when a by-election should take place.
If Mr. Golding is elected leader of the Jamaica Labour Party in November 2004, he still wouldn't have a seat in the House of Representatives so he could not be appointed Leader of the Opposition even if a safe seat were to be found for him.
Section 80 (1) of the Constitution of Jamaica states: "There shall be a Leader of the Opposition who shall be appointed by the Governor-General by instrument under the Broad Seal."
SUPPORT OF A MAJORITY
(2) "Whenever the Governor-General has occasion to appoint a Leader of the Opposition he shall, in his discretion, appoint the member of the House of representatives who, in his judgement, is best able to command the support of a majority of those members who do not support the Government, or, if there is no such person, the member of that House who, in his judgement, commands the support of the largest single group of such members who are prepared to support one leader."
It is the Prime Minister who decides when any election is called. And Mr. Patterson as Prime Minister could take his own good time to facilitate Mr. Golding getting into the House and taking up the post of Leader of the Opposition.
Mr. Golding would probably have to twiddle his thumbs for a while contemplating a seat. And what would his options be?
Kingston Western, courtesy of a beneficent, out-going Mr. Seaga, doesn't appear to be on the cards, as it would seem even from this distance, that Councillor Desmond McKenzie, Mayor of Kingston and Councillor for the Tivoli Gardens Division, definitely has his sights set on it.
DEFEATED BY OLIVIA "BABSY" GRANGE
Mr. Golding would hardly want to go back to his old seat in St. Catherine Central where he was defeated by Olivia "Babsy" Grange in the general election of December 18, 1997 after he quit the JLP and formed the National Democratic Movement, of blessed memory.
And even if Miss Olivia "Babsy" Grange, smitten by generosity, were to offer him the seat and go out with Mr. Seaga, whom she once described as "closer than a brother", Mr. Golding would almost certainly not accept it, especially seeing that there have been so many problems in the inner-cities there in recent times.
The solution to Mr. Golding's problem might well lie in the decision by Parliament on the recommendation of the Electoral Advisory Committee to increase the number of parliamentary constituencies from 60 to 63 or 65, where a new and safe St. Catherine seat could be found for him.
Until then, Mr. Golding could still be on the outside of the House looking in. And for how long? Only Prime Minister Patterson could tell. The fact that there is a vacant seat in the House doesn't guarantee that a by-election must take place within a given time frame.
So while Mr. Golding marks time outside of the House, not being able to consolidate his leadership of the party by being appointed Leader of the Opposition, Mr. Audley Shaw, deputy leader for JLP Area Council Three, and his party's spokesman on finance, might very well, find himself keeping that chair warm for Mr. Golding while the reformists stew in their impatience.
A great deal of power resides in the Prime Minister.
