Let Sykes Act as Chief Justice!

I am in no way a lawyer but I think my interpretation of an article in the constitution is sufficient enough to add to the debate about the Prime Minister selecting an acting Chief Justice in the person of Mr.  Justice Brian Sykes.

The debate revolves around the reason why the Chief Justice was appointed to act and not permanently. The "carry guh bring come argument" was posited by the Jamaican Bar Association(JamBar). But this argument started much prior to retirement of retired chief Justice Mrs. Juctice Zaila McCalla. JamBar called for PM Holness to advertise the post of Chief Justice calling into question the Prime Ministers constitutional powers to recommend someone to the GG to appoint as Chief Justice.

PM Holness acting under section 99 of the constitution appointed Mr. Justice Bryan Sykes to act as  Chief Justice.
see section 99 below
 
"99. If the office of Chief Justice is vacant or if the Chief Justice is for any reason unable to perform the Judges. functions of his office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the Chief Justice has resumed those functions, they shall be performed by such other person, qualified under subsection (3) of section 98 of this Constitution for appointment as a Judge, as the Governor-General, acting in accordance with the advice of the Prime Minister may appoint for that purpose by instrument under the Broad Seal. "

Section 99 clearly states that where a vacancy is made in the office of Chief Justice vacant for any reason a person may be selected to act in the role until such time that a permanent replacement is found, thereby acting within the constitution.

Sykes of Probation 

Here PM Holness has taken an unconventional role in appointing some to act in the role and ensure that performance is at the core of the appointment. The same bar association suggested that he advertise the role. If you advertise a role usually you would interview the short list of candidates. Some companies go as far giving you the job then giving you a period of probation where they evaluate your work and see if they are getting the desired results. 

Here are PM Holness' comments on the matter.

"I come from a different school, a different age and a different way of thinking. It may not always coincide with those that have traditional views. In the appointment of the chief justice, I was encouraged by the very people who are critical now to take an unconventional view. I followed that view. I interviewed after having gone through a process of shortlisting the chief justice. I have never met the person who I’ve selected as chief justice. I’ve never had the opportunity to have a conversation with him. I can safely say I do not know him and I selected someone based upon what is presented on paper as his resume and what I have researched as his work and what I have consulted with his peers. It is indeed a break from the traditional and conventional way in which this was done. I’m, certain that the chief justice understands that I am a person who believes in systems of accountability. I’m not intent on treading, trampling or in any way interfering with the independence of the judiciary, but the judiciary is also accountable for how taxpayers’ funds are spent. We want to see an improvement and strengthening in the rule of law and timely justice outcomes and the chief justice will be accountable for this. I can’t be any clearer. Those who want to criticise have the luxury of doing it. I have the luxury of running a country and being accountable to the taxpayers for the results of the systems that we are elected to run."

Think about this way Justice Sykes is on probation just like all of us who just get a job. Now he is being asked to prove himself. To prove that he can make a difference and make the Judiciary more efficient and more accountable. The issue should not be about the PM it should about our system of governance and running a country that we all want to live in. With a justice system that we have faith in.  

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