Dr Aujae Dixon to challenge constitutionality of his interdiction over contesting election

Medical doctor Aujae Dixon plans to go to court to challenge his interdiction by the Southern Regional Health Authority (SRHA), which arose from his participation in the September 3 general elections.

Dixon was served a notice of interdiction dated September 16, which has prevented him from working since September 17. The notice charges that he breached Public Sector Staff Orders Section 4.2.6 (1), which the regional authority says expressly bars public servants from participating in politics at any level.

He ran as a candidate for the People’s National Party (PNP) in Clarendon North Central.

Attorney Maurice McCurdy, who is representing Dixon, argues that the section of the Staff Orders used to trigger the interdiction is inconsistent with the Charter of Rights and Fundamental Freedoms.

“The actions which flow from your letter dated the 16th day of September 2025 have breached Dr Dixon’s constitutional rights in light of Sections 13(3)(b) and 13(3)(e) of the Charter. Section 13(3)(b) guarantees the right to freedom of thought, conscience, belief, and the observance of political doctrines, while 13(3)(e) guarantees the right to freedom of peaceful assembly and association,” said McCurdy in a letter dated October 5 to Nicholette Thomas-Edwards, Director for Human Resource Management at SRHA.

The lawyer said the decision to interdict Dixon under Order 10(7)(1) of the Staff Orders also breaches his constitutional right to equitable and humane treatment by a public authority, as guaranteed by Section 13(3)(h), which protects individuals from discrimination and ensures equal treatment.

“The restriction placed on Dr Dixon’s movement has breached his constitutional right as guaranteed by Section 13(3)(f)(ii) of the Charter. This guarantees that every person lawfully in Jamaica has the right to move freely throughout the country, reside in any part of Jamaica, and leave Jamaica.”

“I have received instructions to file a claim in the Full Court challenging the constitutionality of the above-mentioned provisions and a notice of application for an interim injunction seeking the reinstatement of Dr Dixon and a stay of the restriction placed on his freedom of movement. ….I will also be applying for a stay of the disciplinary proceedings pending the outcome of the constitutional law claim. The requisite filing will be done early this week and I will provide you with a courtesy copy of the notice of application, fixed date claim form and all other attendant documentation,” the letter read inter alia.

McCurdy’s letter also noted that Dixon was not only interdicted but barred from travelling outside the island without permission from the SRHA.

He contends that the regional authority’s approach has prejudiced Dixon, adding: "As a natural consequence of same, any further negative treatment of my client will unfairly prejudice his interest and good name. Further, in my view, there was no need to interdict my client since he poses no threat to your investigative process.”

The lawyer is requesting that the interdiction order be revoked—particularly the restriction barring Dixon from leaving Jamaica. He is also seeking a stay of the disciplinary proceedings.

The Gleaner can confirm that Thomas-Edwards has received McCurdy’s letter, after acknowledging receipt and noting that “SRHA will provide a response as soon as possible.”

Legal experts, public commentators, and one veteran trade unionist have offered varying opinions, but there is consistency in the view that Dixon’s constitutional rights may have been breached and that the interdiction order may not be applicable.

- Erica Virtue

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