By Vernon Daley, Staff ReporterGOVERNMENT SENATOR, Professor Trevor Munroe, yesterday called for the prosecution of candidates who have still not filed returns for their campaign spending during last year's General Election.
Professor Munroe said the enforcement of the law was a vital prerequisite for any further initiatives to control corruption in the financing of political candidates.
"I would like to call on the authorities to implement the law regarding those candidates... who have still not yet made their returns in accordance with the law," the Professor said at the symposium looking at elections in Jamaica, including the issue of campaign financing, at the Hilton Kingston Hotel. The symposium was organised by the Carter Center and the Department of Government at the University of the West Indies, Mona.
QUESTIONS POSED
In response to questions posed in the Senate by Professor Munroe, the Electoral Office of Jamaica (EOJ) disclosed in March that more than half the 175 candidates who ran in last year's General Election, failed to file returns by November 30, 2002 as required by law.
Subsequently, the EOJ published a list which showed that 103 of the candidates had filed their returns. Based on that list, expenditure for the governing People's National Party (PNP) candidates in the election was $50 million.
They were followed by the Opposition Jamaica Labour Party (JLP), candidates who filed returns showing expenditure of just under $16 million. The National Democratic Movement (NDM) was next with $670,000, followed by the New Jamaica Alliance (NJA) with $166,000.
The EOJ decided not to pursue a case against the offenders, arguing that the penalty for non-compliance under the Representation of the People Act was only a $100 fine.
However, Professor Munroe said he did not accept the explanation offered by the EOJ and argued that the law provided for much stiffer penalties for failure to comply than the election body had suggested.
He said that under Section 101 (3) of the Act, persons who fail to file their returns by the specified date could be fined up to $80,000 or imprisoned for up to three years. In addition, the convicted candidate and his agent could be barred from holding elected office for seven years.
"Whatever the inadequacies, the rule of law means that whoever is committing an offence must be brought before the courts," Professor Munroe said.
The Senator argued that it was useless to contemplate new laws to deal with issues of campaign financing for political parties and candidates, when existing laws were not being enforced.
