Ministry of Justice

		PRINT THIS			SEND TO A FRIEND

The Senate on Friday (July 2), passed the remaining two companion Bills that should clear the way for the establishment of the Caribbean Court of Justice (CCJ) as Jamaica's final Court of Appeal.

Approved were: the 'Caribbean Court of Justice Act (2004)', and 'An Act to Amend the Judicature (Appellate Jurisdiction) Act'. The former will provide for the establishment of the CCJ as a court of both original and appellate jurisdiction to hear and determine matters relating to the interpretation and application of the Revised Treaty of Chaguaramas.

The Court will be a superior court of record with appellate jurisdiction to replace the jurisdiction of the Judicial Committee of the Privy Council as the country's highest appellate court in relation to appeals from Jamaica's Court of Appeal.

Meanwhile, the other companion Bill seeks to establish the CCJ as Jamaica's final court of appeal replacing the Judicial Committee of the Privy Council; and to repeal the provisions of Section 110 of the Constitution, which provides for appeals to Her Majesty in Council and replace those provisions with provisions for appeals to the CCJ.

The four-clause Bill also contains transitional provisions similar to those included in the Caribbean Court of Justice (Constitutional Amendment) Bill, which was passed on July 1, as well as those contained in the Caribbean Court of Justice Bill.

These transitional provisions will preserve, unaffected, any appeals pursuant to that provision already instituted before the Act comes into force, or any appeals in respect of which leave to appeal has been granted or applied for before the coming into force of the Act.

Speaking on the Caribbean Court of Justice Act, Attorney General and Minister of Justice, Senator A.J. Nicholson who piloted the Bills, explained that this Bill also made provision for the establishment of a Regional and Legal Services Commission and the powers and responsibilities of that Commission in relation to judges, court officials and employees. Further, the provisions of the Bill relate to administrative matters, the right of audience of the Court, and rules of court to govern the procedures of the court.

He emphasized that the Court would not be subject to any political influence, and pointed out that in the course of the deliberations leading up to the Agreement for the establishment of the CCJ, various representations were made with the objective of ensuring its independence and freedom. He noted that political interference of the judges of the court were considered and taken into account in arriving at the provisions contained in Articles Four, Five and Six of the Agreement, which govern the constitution of the Court and the establishment and responsibilities of the Regional Judicial and Legal Services Commission.

"The constitution of the Commission is of course very important as it is the Commission which is given the responsibility of appointing the judges of the Court, other than the President, and of making recommendations as to the appointment of the President," Senator Nicholson said.

The Commission will, by virtue of Article Five of the Agreement, consist of 11 members, including the Chairman. Seven of those 11 members will be appointed on the nomination of organizations with very close connection to the profession or the judiciary.

Of the other four members of the Commission, one will be the Chairman of the Public Service Commission of the contracting party selected in reverse alphabetical order. Two will be persons from civil society nominated by the CARICOM Secretary General and the Director General of the Organisation of Eastern Caribbean States, jointly, after consultations with regional non-governmental organizations.

The fourth will be the President of the Court who, in the first instance, will be appointed on the recommendation of the other 10 members of the Commission.

Senator Nicholson further explained that the President of the Court would be the Chairman of the Commission and that members of the Commission would in the first instance be appointed under the hand of the heads of the judiciary of the contracting parties and would hold office for a term of one year.

Thereafter, the appointment of members of the Commission will be the responsibility of the President and these members will hold office for three years with eligibility for reappointment for another term of office.

"It is clear that the legal profession is going to control the management of this court.running through the Agreement is the oversight responsibility of the Commission," he remarked.

Senator Nicholson told his colleagues that the appointment of judges other than the President would be by a majority vote of all the members of the Commission. "Prior to appointing a judge, the Commission is at liberty to consult with associations, representatives of the legal profession and with other bodies and individuals that it considers appropriate in selecting a judge of the court," he said.

"A distinction must be drawn however, between consultation with other associations and persons taking instructions from such associations and persons," he added. The removal from office of judges of the Court, other than the President, is also effected on a majority vote of the Commission.

Senator Nicholson emphasized that the CCJ would be the only regional court in the world whose judges were not directly or indirectly appointed by national political representatives. He cited the European Court of Justice, the Court of Justice of the Andean Community, the Central American Court of Justice, the Court of Justice of the Common Market for Eastern and Southern Africa as regional courts whose judges were all indirectly or directly appointed by representatives of state parties.

Addressing the general concern expressed by Opposition Senators that the CCJ agreement required a referendum, the Attorney General again reiterated that the route being taken was legal and was in fact guided by the Jamaican Constitution and therefore could not be regarded as unconstitutional.

On the matter of funding, the Justice Minister said this was an issue about which Jamaicans were particularly concerned and assured that arrangements had been made for the funding of the Court to ensure its financial viability on a sustained basis.

Pursuant to a decision taken at the 23rd meeting of the Conference of Caribbean Heads of Government held in Guyana in July 2002, the Caribbean Development Bank (CDB) was authorized to raise US$100 million on the international capital market for the establishment of a Trust Fund to provide for the capital and operating expenses of the Court in perpetuity. The CCJ Trust Fund, he noted, would not be under the control of the CARICOM governments but under independent management.

Minister Nicholson said great care had been taken to make provision for the Agreement to which the Bill would give force of law and in the Bill itself, to "establish on a sustainable financial basis, a court accessible to the people of Jamaica, a Court insulated from political interference, a court constituted of judges of learning, competence, integrity and independence, committed to the administration of justice without fear, favour or ill-will".

		PRINT THIS			SEND TO A FRIEND