Mcgregor

Since the preliminary count of ballots cast in the general elections on September 3, 2007, the nation appears to have been plunged into a state of uncertainty as to what happens next.

This is due mostly to the slim margin which separates the two political parties. However, the number of ballots which separates some candidates, the keen scrutiny which must be maintained during the final count of ballots, and the existing court actions which may determine the fate of Members of Parliament- elect, Daryl Vaz and Shahine Robinson.

The Electoral Office of Jamaica was able to announce the winners of various seats on the basis of preliminary figures provided by presiding officers in each polling division on election day. However, this is not treated as the official result of the polls, because the returning officer must secure each ballot box (over 100 in many cases) before undertaking the painstaking task of counting each and every ballot paper and accounting for every one which was issued on election day.

Within seven days after the final count is completed, each returning officer must submit returns to the chief electoral officer along with the election writ indicating the candidate who has the majority vote. The chief electoral officer must then enter the information in a special book and give notice in the gazette of the name of the candidate elected.

Magisterial recounts can delay this process because the returning officer must await the result of that recount before making the return. Given the result of some final counts, which have already been completed, it is quite likely that there will be magisterial recounts. It is just left to be seen how many there will be.

The Jamaican Constitution clearly states the conditions which must be satisfied before a someone may be elected to the House of Represen-tatives. In particular, it states that the person must be at least 21 years of age, a commonwealth citizen, and must have been a resident in Jamaica for at least 12 months prior to nomination date. Where any person is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state, he is disqualified from being elected to the House of Representatives.If any person holds or is acting in any public office, or the office of Judge of the Supreme Court or Judge of the Court of Appeal or, save as is otherwise provided by Parliament, is a member of a defence force, he is also disqualified from being elected to the House of Representatives.

There are other factors which may cause a person to be disqualified from being elected; if he is a partner in a firm or a director or manager of a company which, to his knowledge, is a party to, any contract with the Government of Jamaica for or on account of the public service.

Based on my research, these provisions in the Constitution have not been tested in court. It will, therefore, be quite interesting to learn, the outcome of the actions against Vaz and Robinson. Even more important will be the effect it may have on the delicate balance of power.

Shahine Robinson, Daryl Vaz