Jamaica
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Parliament passes bill to extend tenure of DPP despite opposition's objection

By Prince Moore 

A bill to extend the tenure of the Director or Public Prosecutions was passed in the House of Representatives despite strong objections from the Parliamentary Opposition.

The Constitution (Amendment Of Sections 96(1) and 121(1)) Act, 2023, tabled by Justice Minister Delroy Chuck, seeks to extend the retirement age of both the Auditor General and the Director of Public Prosecutions from 60 to 65 years.

Mr. Chuck said the move was necessary as the constitutionally established ceiling for the age of retirement for the Auditor General and the Director of Public Prosecutions is five years shorter when compared with the upper limit for a public officer in the civil service.

"Madam Speaker, the proposed amendment to the Constitution thereby addressed the inconsistency that currently exists between the two pieces of legislation, and by extension, creating a more level playing field for all. These amendments raise the age of retirement to 65 years and allow the Governor General in appropriate cases to permit an extension up to 70 years," said the Justice Minister. 

But as he objected to the bill, Opposition Leader Mark Golding contended that the manner in which the government is seeking to extend the DPP's tenure is reflective of bad governance.

Mr. Golding said the decision is being taken without consultation with the opposition.

He confirmed in the House of Representatives that the opposition will be challenging the decision in court. 

"To seek to amend the Constitution of Jamaica by bringing a bill, tabling it on the same day that they intend to debate it and pass it in the House, it is disrespectful to the opposition. It is disrespectful to the Constitution Reform Committee, and it is a dark day for our country," he contended. 

"It is one thing to amend the Constitution to deal with future officeholders, but you are dealing with incumbent officeholders and extending their tenure in office. And we object to the procedure that is being followed. And as I've said, we will be taking legal advice on it to see whether or not we can challenge it in court based on the procedure being followed and the overall surrounding circumstances that have led the government to proceed in this way," said Mr. Golding.