The Editor, Sir:

I have followed the debates over the appointment of a solicitor general with some interest as I think that a number of 'rule of law' issues are at stake.

In the first place, who has the legal power to appoint the solicitor-general? My understanding is that the Jamaican Constitution places this in the hands of the Public Service Commission and the Governor General. In other words, no political interference is to be allowed.

This approach is taken for a reason. The civil service is designed to be a neutral body. Civil servants are duty-bound to apply the policies of the Government of the day, but when the Government changes, the civil servants remain in place. This prevents government from having an entirely free hand to entrench their people and their views, without any checks and balances.

Impressed

That is consistent with the idea of separation of powers, as taken from Montesquieu and other political theorists. The rule of law, therefore, requires the Government to respect the judgement of the Public Service Commission in the selection of the solicitor-general.

But I would have thought, as well, that Prime Minister Golding's pronouncements on the need for fairness and objectivity in governance are relevant here. When he was elected by the people of Jamaica, the Prime Minister impressed me with his speech in the midst of the jubilant JLP crowd, as he urged restraint and fairness to all. Yet, now it seems the Executive is trying to decide who should be solicitor general.

If this is true, it will place the Executive on a collision course with the Public Service Com-mission. And whose interest could that serve?

I am, etc.,

ALECIA SYLVESTER

patchen69@hotmail.com

Coral Springs, Florida