THE EDITOR, Sir:I READ with interest the Public Affairs column in The Sunday Gleaner of December 28, last by Senior Associate Editor, Lloyd William's, entitled, "Patterson could decide pace of Golding's return to House". I was surprised and flattered that parts of some off-the-cuff responses made by me to Mr. Williams on the telephone were quoted.
Had I known that the comments would be published I would have been more precise and comprehensive in my response. Although the excellence and timeliness of the article are in no way affected, in the interest of accuracy and clarity some further comments are necessary.
In Barbados, a vacancy in the House of Assembly must be filled by a by-election to be held within 90 days of the occurrence of the vacancy not within three months as I had stated. In the Bahamas, the period is 60 days not six weeks as I had stated. See section 47(2) and article 67(3) of the Constitutions of these territories respectively.
In coming to my conclusion as to the time within which a by-election should be held in Jamaica where no period is stated in the Constitution or otherwise I was guided by section 9 of the Interpretation Act which provides "Where no time is prescribed or allowed within which anything shall be done, such thing shall be done with all convenient speed, and as often as the prescribed occasion arises". No distinction is made between civil and criminal matters. In civil matters involving contracts, for example, my recollection is that where no specific time is fixed for performance generally this should be within a reasonable time. That would not be relevant here. Whether any act has been done "with all convenient speed" could, in the event of a challenge, be a matter to be decided by the Court.
I do not pretend to be the sole repository of knowledge in this matter and, indeed, some of my opinions may well be incorrect but what is clear is that at the very least an amendment to the Jamaican Constitution is needed to provide for a period, of say three months, within which by-elections should be held. In recent years, in the matter of the holding of by-elections, the Government has treated the people with contempt and this has been compounded by the silence of the Opposition.
Over two years ago I wrote to the Prime Minister about this matter. The letter was copied to the Leader of the Opposition.
It was John Philpot Curran who said "The condition upon which God hath given liberty to man is eternal vigilance".
I am, etc.,
BERESFORD HAY
