Linton P. Gordon
The HOLNESS-WILLIAMS saga should be seen as a sad episode in the political life of both men. As we are all aware, Opposition Leader Andrew Holness had persons he appointed senators, signed undated letters of resignation. After an internal party election, contested by Andrew Holness and Audley Shaw, Andrew emerged as the victor. Two of the senators appointed by him, Arthur Williams and Dr. Christopher Tufton where strong and open supporters of Audley Shaw, his opponent. Having won the internal election, Mr. Holness dated the undated letters, presented them to the Governor General purporting to “resign” these two senators from the Senate. Mr Williams took the matter to Court and the Supreme Court ruled that the letters were contrary to the Constitution which in effect means that Arthur Williams and Dr. Christopher Tufton have not resigned from the Senate.
VERY UNTIDY
Before the decision of the Supreme Court, Mr. Holness had appointed two other persons as senators. The situation is now very untidy, controversial and embarrassing to the leadership of the Jamaica Labour Party (JLP). Some senior members of the party, including Delroy Chuck, have called for Mr. Holness to resign in view of the decision of the Supreme Court.Mr. Arthur Williams, a very senior and experienced attorney-at-law, has admitted that he drafted the said letters but that he did so, on the instructions of Mr. Holness. The Supreme Court took into consideration the fact that it was Mr. Williams who drafted the letters when they refused to grant him cost even though he was successful in the hearing.The case of “Williams v Holness” has now confirmed that there is no right vested in the leader of the Opposition to recall or force from the Senate, one he has appointed a senator. If this decision is upheld by the Court of Appeal or is not challenged then future appointments to the Senate will be subject to this interpretation. It appears that the main underlying reason for having senators sign the undated letters of resignation is the fear and/or hate and/or distrust, the leadership of the JLP has to the Caribbean Court of Justice.
CCJ FEAR
Both Mr. Holness and a former leader of the party, Edward Seaga have been singing their praise of the Privy Council while expressing a lack of confidence in the Caribbean Court of Justice. Mr. Seaga described the Privy Council as a court of high quality which has been making excellent decisions over the years. Are we to understand from this that Caribbean people are not able to make such decisions?The Jamaica Labour Party (JLP) needs to resolve this matter quickly and settled down into the role of being an Opposition Party offering an alternative Government to the People’s National Party’s (PNP) administration. If they continue along the path of divisiveness, internal fighting and squabbling, they will probably never return to the seat of Government. We need a viable and effective Opposition in order to maintain our democratic tradition. Both sides should find common ground on which they can arrive at a settlement of the dispute without the further intervention of the Court. The party has not asked for my advice but I will nonetheless give it.I think Dr. Christopher Tufton and Mr. Arthur Williams should resign. Mr. Holnessshould then re-appoint them as senators. Both sides should then shake hands and announce jointly that in the interest of the survival of the JLP they have put their differences aside.
In doing this, both Mr. Holness on the one hand and Messrs Tufton and Williams on the other would appear mature, forgiving and united. The party should thereafter settle down in the business of being an effective Opposition.
