Lawyers representing the Jamaica Labour Party (JLP) are heading to court this week to begin efforts to oust two sitting People's National Party (PNP) members of Parliament.

"The documents for the filing of a constitutional motion are being prepared and at least one will be filed this week," a senior JLP official told The Gleaner.

"We are initially going after Ian Hayles (Western Hanover) and Sharon Hay-Webster, but the court could also be asked to rule if others on that side of the floor are eligible to sit in the House," the official said.

JLP leader, Prime Minister Bruce Golding, had previously indicated that the party would be filing constitutional motions against the PNP members of Parliament.

Failed to reach settlement

This came after failed attempts by the parties to negotiate a settlement that would prevent a slew of by-elections in the aftermath of the court ruling against MPs who had dual citizenship when they were nominated for the 2007 general election.

"The question of the eligibility of members can only be determined by a court of law. We have reasons to believe that the issue of citizenship is not confined to the Government side," Golding told journalists almost one month ago.

"In some instances, we have irrefutable evidence. In some instances, we have evidence that will have to be tested (in court)," Golding added.

The JLP had indicated a desire to avoid any further by-elections after its candidate, Daryl Vaz, whipped the PNP's Kenneth Rowe in West Portland.

Under a proposal put on the table by the JLP, MPs who were not eligible at the time of nomination for the 2007 election would resign, renounce and be re-elected unopposed.

PNP backed off

Initially, it appeared that the PNP was prepared to go that route, but the party backed off after some senior members argued that it could win at least one of the by-elections and should contest all of them.

"The PNP faction believes Richard Azan can beat Michael Stern in North West Clarendon and that is one of the main reasons it wants to contest," the JLP official added.

However, PNP sources told The Gleaner that the two parties could not agree on what should be done in instances where the sitting MP decides not to renounce his or her foreign citizenship.

"Yes, we have people who say on principle we should contest the by-elections, but more than that, the PNP could not accept that if the MP doesn't renounce the JLP would have a free ride to put in anyone it wants into Parliament. That would not make sense," one source said.

Against that background, the two parties are preparing to return to the polls at least two more times this year with other by-elections possible, based on the court's ruling on the JLP's constitutional motions.

arthur.hall@gleanerjm.com