The Gleaner's editorial of Tuesday, May 26, while respecting the intent of the framers of the Constitution, said, 'We agree with Prime Minister Golding - and the justices of the court of appeal in their ruling in the Daryl Vaz case - that there is an absurdity in the fact that a citizen of a Commonwealth country who has lived in Jamaica for a year is eligible to be a member of Parliament, while a Jamaican, who has become a citizen of a non-Commonwealth country, is disqualified."

It seems that the framers of the Constitution were against any parliamentarian swearing allegiance to a foreign country. They wanted our parliamentarians not to have even the appearance of divided loyalties. A legislator must be committed solely to Jamaica. Is that asking too much of our prime minister, his Cabinet and members of the legislature?

Shocking statement

The absurdity is having England and other Commonwealth nations regarded as non-foreign. In May 2008, a group of English Baptists came to Jamaica to publicly apologise for their complicity in the slave trade and slavery. And in one of the meetings with representatives of the Jamaica Baptist Union, a shocking statement was made by one of the group of Englishmen, who said that having the Queen of England as the head of state of Jamaica was "absurd".

England has 15 colonies, dependencies and departments and territories including Turks and Caicos Islands. Recently, Britain suspended the constitution of Turks and Caicos Islands. Earlier this year a survey was done in England concerning the awareness of young persons regarding the Commonwealth. The vast majority does not know that the queen of England is the queen of the Commonwealth much less Jamaica, but we hold to this demeaning practice of the queen of England as our head of state.

Jamaicans are maintaining an English monarch, whom if we want to see her residence, Buckingham Palace, we would have to apply for a visa. And our governor general, the Queen's representative had to get a visa in order to visit England. In addition, the Jamaican war veterans who fought on behalf of the British have to get a visa to visit England, while some enemy countries of Britain in the world wars can enter Britain without recourse to obtaining a visa. In addition, a Jamaican who wanted to appear before our highest judicial court located in England was initially denied a British visa. What absurdity! England and other Commonwealth countries should be seen as foreign.

Complex legislation

If a member of parliament did not know that he or she is ineligible to be a legislator then God help us. That we have legislators who do not know the eligibility rules, is ludicrous. What hope concerning more complex legislation? And if a legislator knew that he or she was ineligible and deliberately broke the law then God save us from persons who deliberately break the law who should be upholding the law. Do you know what would happen to ordinary Jamaicans who behave like that?

The lawyers representing Gregory Mair and Phyllis Mitchell should be commended for coming to an agreement and not wasting the time of the court. However, it also appears that some legislators may be sitting in the Parliament knowing they are not eligible. This is untenable not only because persons are drawing a salary cheque, but also participating in the proceedings of the Parliament.

These Jamaican constitutional absurdities need to be changed and all legislators must have one loyalty and that is to Jamaica.

Devon Dick is pastor of the Boulevard Baptist Church and author of Rebellion to Riot: the Church in Nation Building. Feedback may be sent to columns@gleanerjm.com