JAMAICA | Lawyers for the PNP Urge Governor General not to give assent to controversial Constitutional Amendment

MONTEGO BAY, July 29, 2023 - Lawyers representing the People's National Party Leaders of Opposition Business in the House of Representative and in the Senate, Mr. Phillip Paulwell, MP and Senator Peter Bunting,have written to the Governor General asking him not to give his assent to the recent constitutional amendment that was rushed through the House and Senate extending the tenure of the Director of Public Prosecution and the Auditor General.

The law firm of Hylton Powell in their letter to the Governor General as well as to Attorney General Derrick McKoy, said “It is our view, and we have so advised our clients that if the legislation is enacted in the present terms it would breach the provisions of the Constitution in various respects, including because it would be an attempt to circumvent the constitutionally prescribed procedure for the extension of the tenure of a sitting Director of Public Prosecutions, and worse, the exercise of a constitutional power for an improper purpose."

“We have instructions to file a constitutional claim if the Bill is enacted in the present terms. If the legislation is brought into force and implemented pending the determination of that claim, there would likely be considerable uncertainty within the Office of the Director of Public Prosecutions in the period during which the intended amendment would be in force. 

“In particular, officers who would have been anticipating promotion will potentially face up to seven more years of the incumbent remaining in office, but with no certainty as to the outcome. This may be expected to result in heightened instability and attrition from what is a critical part of the criminal justice system.