Jamaica Gleaner
Published: Monday | October 12, 2009
Home : Letters
Completing the reform process
THE EDITOR, Sir:

I HAVE read with much delight and humble satisfaction the prime minister's recent utterances on the adoption of the Caribbean Court of Justice (CCJ) as our final appeal court. I am very satisfied to see that, finally, the Jamaica Labour Party (JLP) has relinquished its baseless series of concerns relating to the independence of the proposed court and its disguised inferiority complex.

While no one should gloat when common sense prevails, those in the political process must be more responsible, whether they be in Government or Opposition. I say this, as prior to the PM's con-version, his party's position was informed by only one thing - opportunism.

Reshaping the future

So, where do we go from here, Mr PM? I am strongly of the view that not only must he set a clear timetable, but the urgency of our unsettled constitution demands that he sets in motion the long-awaited constitutional reform process which must include the overdue but necessary Charter of Rights. This proposed charter will help to refashion the relationship between the State and the individual and, as such, it will fall to the judges of our new court to shape and give life to that new constitution. The Government cannot now rest until it has effectively settled all the questions under our outdated Constitution.

Further, there is clearly a role in all of this for the Opposition, as it must press the Government to be bold in its constitutional reform agenda. Part of the radical and bold thrust must include asserting very clearly the fact that the State has a positive obligation to protect life such that we can see a more active judiciary playing its role in ensuring that lives are not lost at our hospitals or prisons.

There is no time to rest and the current Opposition, unlike the JLP (pre-September 2007), must be responsible. Hence, while we must be happy that the PM has seen the light, let us acknowledge that the job will not be completed until we fully create the legislative conditions that will empower the truly independent judges of the CCJ.

I am, etc.,

MATONDO MUKULU

mukulumatondo@yahoo.co.uk

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