Marlene Malahoo Forte | Do not mislead

Having read the inaccurate assertions about the government’s constitutional reform work, made by Deacon Peter Espeut in the article titled ‘The JLP manifesto’, published in The Gleaner on August 22, Proverbs 12:22 comes to mind.

The injury caused by the deacon’s lips has been aggravated as his article has been repurposed and published on WiredJA. I caution Deacon Espeut and other commentators to resist the temptation to make up their own facts along the way. A ‘man of the cloth’ ought not add to misinformation and disinformation.

The public promulgation of laws is one of the critical pillars of the Rule of Law. Deacon Espeut has a duty to verify the statements or ‘calle la boca’. An important pillar of the rule of law is the requirement for laws to be publicly promulgated. That is why the Constitution (Amendment) (Republic) Bill 2024 is available for all to read.

APPOINTMENT OF PRESIDENT

The Bill was tabled in the House of Representatives on December 10, 2024. It proposes to abolish the Constitutional Monarchy and establish Jamaica as a republic. Among other things, it seeks to repeal and replace the existing Chapter IV of the Constitution, which currently provides for the Office of Governor General, with a new Chapter IV establishing the Office of President. There are several new provisions that effectively relate to the office holder, including a process of appointment.

Deacon Espeut’s assertion that the Bill empowers the Prime Minister to determine unilaterally who shall become the President of Jamaica is misleading and betrays his ignorance and/or lack of understanding of the provisions. The Bill provides that “the Prime Minister shall consult with the Leader of the Opposition on the nomination of the person qualified under section 24(2) for appointment as President.” It further stipulates that “on a consultation ... all reasonable steps shall be taken by the Prime Minister and the Leader of the Opposition to agree on the nomination.”

This proposal adapts and expands the current framework for consultation set out at Section 32 (5) of the Constitution which outlines the steps that should be taken where the Governor-General is directed to exercise any function on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. The reformulation proposed at clause 11 of the Bill outlines a detailed series of steps that must be followed when there is consensus between the leaders, as well as when there is none. The process has been deliberatively designed for meaningful consultation.

In circumstances where consensus cannot be achieved, the Bill provides a safeguard against gridlock, as the intention is not to give a Leader of Opposition a veto power. Consequently, in the absence of consensus, a Prime Minister, as Head of Government, is empowered to make a nomination after a minimum period of three (3) months has elapsed since a recommendation was first made to the Leader of the Opposition. The timeframe is deliberately designed to allow for necessary dialogue.

COMPOSITION OF THE SENATE

The Bill, in keeping with the recommendation of the Constitutional Reform Committee, also proposes to expand the Senate from its current composition of 21 members to 27 members. The new arrangement introduces three senators who would be appointed by the President, in his or her discretion.

Deacon Espeut has further asserted that, under this provision, the Government would always command a two-thirds majority in the Senate and would therefore not need the concurrence of the Opposition to amend entrenched constitutional provisions. This assertion is equally inaccurate. The Bill preserves the constitutional safeguard that requires the support of at least one (1) member of the Opposition, where a two-thirds majority vote is required to alter any provision of the Constitution.

Clause 22 which seeks to alter Section 49(4), provides, in explicit terms, that a Bill seeking to alter entrenched provisions of the Constitution shall not be deemed passed in the Senate, unless it is supported by the votes of not less than two-thirds of all the members appointed on the advice of the Prime Minister and all members appointed on the advice of the Leader of the Opposition.

In other words, when determining whether the requisite threshold to alter entrenched provisions has been met, only the votes of the Government and the Opposition Senators would be counted, because they carry, by extension, the legitimacy of the popular support secured by their respective parties in general parliamentary elections.

Therefore, the provisions of the Constitution which enjoy the greatest protection remain safeguarded from unilateral amendment by any ruling party, even as the Senate is expanded to allow for wider representation.

The Government remains committed to advancing constitutional reform in a manner that is transparent and anchored in accuracy. It is therefore critical that public discourse on these matters be guided by facts, rather than speculation, so that Jamaicans-at-large may meaningfully engage with the process.

Commentary offered in the manner provided by Deacon Espeut risks deceiving and misleading the public.

Marlene Malahoo Forte, minister of legal and constitutional affairs. Send feedback to columns@gleanerjm.com

Those who need help to understand the provisions of the Bill can reach out to the Ministry of Legal and Constitutional Affairs via email (constitutionalreform@mlca.gov.jm); WhatsApp (876-441-9097); or Social Media (@roadtorepublicja) for guidance.