Jamaica Gleaner
Published: Friday | July 31, 2009
Home : Letters
The cut and thrust of democracy
The Editor, Sir:

In the dire economic circumstances in which the country now finds itself, it is indeed a pity that so much judicial attention and so much scarce cash have to be focused and/or expended on the issue of the legal capability of politicians who hold dual citizenship to even contest elections, much less sit in the House as representatives.

This is not the time when we would have wished to face this question. However, the issue has come back to bite us, since the matter was well aired by Abe Dabdoub before nomination day to the extent that the director of elections, apparently relying on his interpretation of the Constitution, and/or competent advice, gave his opinion that Dabdoub's rival, Daryl Vaz, was properly nominated.

Potential implications

This is not a party thing. Both parties have very smart people and, more to the point, legal luminaries, in their corpus of advisers, and so it seems naive to think that they were ignorant of the potential implications. It seems to some onlookers that the People's National Party, having aired the matter for future reference, and meeting with the expected stonewall from the then Opposition, decided to go ahead in the hope that it could, if it won, seek to overturn any dual-citizenship Jamaica Labour Party (JLP) winners.

If it lost, it could approach the matter with urgency, confident that the Constitution spoke clearly. The JLP, apparently, seemed to have decided to go ahead, hoping to challenge the meaning and/or comparative natural consistency of the relevant constitutional provision, with its treatment of exemptions for Commonwealth nationals.

In the end, it can be held by the citizen observer, what we are seeing is just the healthy push and tug of vibrant democracy in action. Others may see sinister motives in the actions of either side, but then again, that is the 'cut and thrust' of democracy.

I am, etc.,

PATRICK BLAKE

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