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Stabroek News

Qualification for candidacy
published: Wednesday | May 7, 2008

The Editor, Sir:

Elections - general or a series of by-elections - are in the air. Political parties have begun a not-so-subtle propaganda campaign in the mass media.

The issue of a person not being qualified to be nominated and the public awareness of the possible disqualifications have come to the fore via the ruling of Chief Justice McCalla in Dabdoub v Vaz et al.

In an attempt to prevent a recurrence of 'confusion in the minds' of the electorate, it might be wise to implement measures aimed at raising the awareness of prospective nominees, the persons nominating the candidate and the constituents.

Affirmation

One such measure could be an affirmation to be completed by the prospective candidate and witnessed by the returning officer.

The form would contain a listing of all the conditions which would cause a candidate to be disqualified from being duly nominated (Section 40(2) Constitution of Jamaica).

To wit:

A citizen of any other country except Jamaica

Under 21 years of age

Certified insane

Declared a bankrupt in a Commonwealth state and such

bankruptcy has not been dis-charged

Serving a sentence exceeding six months or such sentence is suspended

Convicted of any offence connected with elections, local or general

False declarations would occasion a financial penalty being imposed upon conviction in a resident magistrate's court and the subsequent prohibition from being a candidate in any election ñ general or local.

I am, etc.,

Dr PAUL ASHLEY

Attorney-at-law

Kingston 10

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