Release From The People's National Party, May 16, 2025:
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| Opposition Leader, Mark Golding |
Government Not Above Constitution, PNP Hails Court Ruling on Unlawful Use of SOEs as Win for Justice, Democracy and the Jamaican People
Kingston, Jamaica. May 16, 2025: Today’s landmark ruling by the Supreme Court of Jamaica is a resounding victory for the Constitution, for the rule of law, and for the people of Jamaica. The Court has affirmed what the PNP has long argued: that the multiple and extended use of States of Public Emergency (SOEs) as a routine crime-fighting tool is a violation of the Constitution’s extraordinary emergency powers.
The Government’s unprecedented declaration of 24 SOEs over the period 2018-2023 represented a sustained abuse of an extraordinary executive power under the Constitution and a dangerous erosion of the rights and freedoms of the Jamaican people. The SOE, which is the Constitution’s last-resort mechanism against crises that threaten to subvert the democratic order of the State, was unlawfully deployed by the Government as a tool of routine policing, often incorporating entire parishes and sometimes being renewed without parliamentary oversight.
It is significant that recent statistics reveal a marked decline in murder rates which has been accomplished by targeted law enforcement measures, without recurring SOEs. Jamaica’s long-term security hinges on appropriate policing strategies, robust democratic institutions and community-led solutions, achievable without unconstitutional violations of fundamental rights and freedoms.
The Court’s decision reinforces that no government is permitted to suspend freedoms under the guise of public safety without meeting the constitutional safeguards of necessity, proportionality and parliamentary accountability.
This win belongs to every Jamaican who values justice and constitutional order. The PNP brought this case to defend the constitutional rights and freedoms of the Jamaican people, and because we believe there are ways of successfully overcoming Jamaica‘s problem of violent crime without violating the Constitution. We will remain steadfast in advocating for holistic, rights-respecting strategies to secure our communities and strengthen Jamaica’s democracy system of government.
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I believe it takes more than SOEs to fight crime. The solution is multifaceted and SOEs alone cannot resolve our crime problem. We definitely need social and psychological interventions.
ReplyDeleteOn the other hand, SOEs have some value and I believe the PNP knows this. When the SOE was bringing down the murder rate in 2010, the PNP "catch dem fraid" and voted to not extend it, even though the police were begging for it. If anybody thinks this has anything to do with the PNP wanting to safeguard the constitution, think again. This is all about not wanting the crime rate to go down under the JLP so they can campaign on it and point fingers. This remind me of how Donald Trump sabotaged the Democrats attempt to address immigration because he did not want it to be said that they succeeded in resolving the problem.
A political response
DeleteThe reality is that both parties violates our constitution at some point while.in office even tho this current Government is abusing their authority too often now, no one is above the law and whoever violates same must be held accountable.
ReplyDeleteThis is foolishness 😒 I've never heard the government of The Right Hon. Dr. Andrew Holness make this declaration. This situation is still a legal issue as the Government is going to appeal this asinine Court decision. If the government loses its appeal, then the law is an ass! My opinion. Stafford Haughton
ReplyDelete