Mark Golding hails ruling on SOEs as victory for rule of law

Jamaica’s Opposition Leader Mark Golding has hailed Friday’s Supreme Court ruling striking down multiple States of Public Emergency (SOEs) as unconstitutional, calling it “a resounding victory for the rule of law and the people of Jamaica.”

The court found that SOEs declared on 15 separate dates between 2018 and 2023 — including January 2018, March 2018, April 2019, June 2020, and as recently as February 2023 — were not declared for a constitutionally valid purpose. The court ruled that the SOEs were not demonstrably justified in a free and democratic society, and were inconsistent with the Jamaican Constitution.

“The Court has affirmed what the PNP has long argued: that the multiple and extended use of SOEs as a routine crime-fighting tool is a violation of the Constitution’s extraordinary emergency powers,” Golding said.

The case was brought by the People’s National Party (PNP) General Secretary, Dr Dayton Campbell, challenging the Government’s recurring use of SOEs to address violent crime.

In a significant rebuke of the Government’s approach, the court also ruled that three so-called rolling proclamations made by the Governor General in November and December 2022 violated the separation of powers by bypassing Parliament’s role in approving extensions beyond the initial 14-day limit set by the Constitution.

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The ruling means all of the challenged SOEs were void and unconstitutional.

Golding described the Government’s use of SOEs as “a sustained abuse of extraordinary executive power and a serious threat to the rights and freedoms of Jamaicans.”

He said the decision affirms that no administration can suspend citizens’ freedoms under the pretext of public safety without satisfying constitutional safeguards such as necessity, proportionality, and parliamentary accountability.

“The SOE, which is the Constitution’s last-resort mechanism against crises that threaten to subvert the democratic order of the State, was unlawfully deployed by the Government as a tool of routine policing, often incorporating entire parishes and sometimes being renewed without parliamentary oversight,” Golding added.

While acknowledging Jamaica’s recent drop in the murder rate, Golding pointed out that the improvement has been achieved without SOEs.

“Jamaica’s long-term security hinges on appropriate policing strategies, robust democratic institutions and community-led solutions, achievable without unconstitutional violations of fundamental rights and freedoms,” he said.

Golding concluded by dedicating the court win to the Jamaican people.

“This win belongs to every Jamaican who values justice and constitutional order. The PNP brought this case to defend the constitutional rights and freedoms of the Jamaican people, and because we believe there are ways of successfully overcoming Jamaica’s problem of violent crime without violating the Constitution. We will remain steadfast in advocating for holistic, rights-respecting strategies to secure our communities and strengthen Jamaica’s democracy system of government.”