Government to appeal SOE court ruling

The Government is to appeal today’s decision of the Constitutional Court, which ruled that the multiple states of public emergency (SOEs) declared between 2018 and 2023 were unconstitutional.

In a statement this afternoon, the Government said the Attorney General’s Chamber is undertaking a thorough review of the legal and constitutional implications of the decision in preparation for its appeal.

“As it was satisfied with the conduct of the Parliament, the Government and the Governor General in declaring these states of emergency, the Government will now give serious consideration to this judgment as we appeal the decision,” indicated Attorney General, Dr Derrick McKoy.

The court ruled that SOEs declared on 15 separate dates — including January 2018, March 2018, April 2019, June 2020, and as recently as February 2023 — were not made for a constitutionally valid purpose, were not demonstrably justified in a free and democratic society, and were inconsistent with the Jamaican Constitution.

In a major rebuke of the Government’s use of SOEs in crime fighting, the court also ruled that three so-called rolling proclamations made by the Governor General in November and December 2022 amounted to a breach of the separation of powers, as they effectively bypassed Parliament’s role in extending emergency powers beyond the constitutionally permitted 14 days.

The declarations mean the challenged SOEs were void and unconstitutional.

The case against the government was brought by People’s National Party’s General Secretary, Dr Dayton Campbell.

Highlighting the reduction in Jamaica’s murder rate, the Government is arguing that this is a result of the implementation of SOEs, and stressed its commitment to supporting the security forces.

It further stated that it will continue its fight against crime and maintain public safety while respecting the rule of law.

“The people of Jamaica are experiencing a historic reduction in crime thanks to effective crime-fighting strategies, historic investment in policing infrastructure, increases in the number of police officers, implementation of enhanced intelligence operations, and SOEs. Jamaica recorded 132 fewer murders in the first quarter of 2025, representing the third straight quarterly decline since the second quarter of 2024. Additionally, incidents of shootings, rapes, robberies, and break-ins have all declined consistently over the past six quarters, beginning in the third quarter of 2023," the statement said.

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