The Government

The Government

Purpose – The sole purpose of Government is to establish and operationalize the systems necessary for the optimal development and welfare of every citizen of the Republic of Jamaica. The structure and functions of the Government shall reflect this purpose. The branches of Government shall be: Executive, Legislative, Administrative, Judicial and Financial(treasury).

 

{Notes: 2 new branches of government – Administrative and Financial – are created. The Administrative Branch (an expanded, modernized and accountable civil service) establishes a body of technocrats with particular expertise in the various aspects of government, and organized in a manner to deliver services efficiently within a system of accountability throughout all levels of government, central and local. The Financial Branch creates a body of financial technocrats, within a system of accountability, with responsibility for all financial collections and disbursements throughout the entire government. These branches avoid inherent conflict of interest challenges when legislators perform Executive functions (Ministers), with control of finances (Minister of Finance).}

 

 

Executive Branch

The President, Vice-President and members of the cabinet will form the Executive.

The President shall be a citizen of Jamaica, who was born in Jamaica, is over the age of 18 years, and has resided continuously in Jamaica for the preceding 10 years.

The President is elected by a majority of the citizens of the Republic of Jamaica, every 5 years – maximum 2 terms

The Cabinet comprises the President, Vice-President, the Secretary and Deputy Secretaries of Administration, administrative heads of Ministries of Government (executive administrator/cabinet ministers/permanent secretary), Secretary of Finance, the Attorney General, and the Chairpersons and one other member of Parliamentary Oversight Committees on the advice of the President.

The President nominates the members of the Cabinet, and is the head of the Cabinet.

Legislative Branch

The Legislative branch (Parliament) consists of 2 representatives elected from each parish. The parliament will form committees representing each cabinet post or ministry (for oversight purposes), makes laws and authorize financing of budgets presented by the cabinet.

The Legislative Branch comprises the House of Representatives (Parliament) and the Senate.

The House of Representatives (Parliament) shall consist of 28 individuals, two from each Parish of Jamaica by constituencies, shall reside continuously in the respective Parish, and are elected by the citizens of Jamaica who reside in the respective parishes. Maximum 3 terms.

A member of the House of Representatives shall be a citizen of Jamaica, who was born in Jamaica, is over the age of 18 years, and has resided continuously in Jamaica for the preceding 10 years.

The leader of the parliamentary majority is the House Leader. A leader will be nominated and elected by each party.
The Parliament
– Proposes legislation by majority vote for enactment by majority vote of the Senate
– Initiates revenue raising bills.
– Forms portfolio committees (Parliamentary Oversight Committees) with responsibility for each Ministry of Government, Local Governance Authority and the Financial Authority, and one-year rotating membership.
– By majority vote, recommends to the President the removal of heads of Constitutional Bodies for unsatisfactory performance.

The Senate – The Senate shall consist of 21 individuals from civil society selected by the President, House Leader, and leader of the opposition party or parties, and approved by the President, with equal numbers from each political party and the majority party having a permanent majority of one representative, and at least 3 independent (no political party affiliation) candidates.
– Reviews and enacts, by majority vote, all legislation proposed by the Parliament
– Ratifies all appointments/nominations by the President
– Ratifies the nomination of Governor of the Bank of Jamaica.
– Shall elect a leader by majority vote

– Proposes legislation by majority vote for enactment by majority vote of the Parliament.

 

Administrative Branch

(Note: The Administrative Branch is an expanded, modernized and accountable civil service)

 

The Administrative branch comprises 4 arms: Constitutional Bodies, Ministries of Government, Statutory Bodies and the Local Administrative and Governance Authority.

Constitutional Bodies (Note: Constitutional Bodies operate independently of
   elected officials, and has authority over all the people of Jamaica equally)
– Office of the Director of Public Prosecutions
– The Electoral Commission
– Office of the Attorney General – (Note: Remove from Min. of Justice)
– Office of the Auditor General
– The Administrator General
– The Integrity Commission
– The Office of the Services Commissions
– The Bank of Jamaica
– The Jamaica Constabulary Force
– The Jamaica Defense Force

The Permanent and Transitional Ministries of Government (Civil Service), the Executive Administrators of which (current Permanent Secretaries) are qualified technocrats appointed by the President, and approved by the Senate, and forms the Cabinet with the President as head.

The Permanent Ministries of Government are
o National Security and Correctional Services
o Education, Culture and Sports
o Natural resources (land, mining, water, etc.) and the environment
o Agriculture and Forestry
o Health
o Foreign affairs and the Diaspora
o Tourism
o Works and Infrastructure (transport, telecommunications)
o Industry, Labour and Commerce
o Land and Housing Development
o Social Security and Welfare
o Research, Science and Technology

Current Statutory Bodies – assigned to (or subsumed by) relevant portfolio Ministries, shall be a permanent part of the respective ministries under this constitution,
– Airport Authority (Min. Ind. Comm.)
– Port authority (Min. Ind. Comm.)
– Customs (Min. Ind. Comm.)
– Jampro (Min. Ind. Comm.)
– UDC (Min. Works Infr.)
– Health Authorities (Min. Health)
– National Land Agency (Min. Land and Hous.)
– National Works Agency (Min. Works and Inf.)
– National Housing Agency (Min. Land and Hous.)
– National Housing Trust (Min. Land and Hous.)
– Transport Authority (Min. Works and Infr.)
– Toll Authority (Min. Works and Infr.)
– National Building Authority (Min. Works),
– STATIN (Min. Indus. Labour, Comm./Research, Sci. & Tech.)
– JIPO (Min. Ind. Labour, Comm.)
– NEPA, NRCA (Natural resources & the environment)
– RADA (Min. of Agriculture)
– Coconut Industry Board (Min. of Agriculture)
– National Irrigation Commission (Min. of Agriculture)

 

The Local Administrative and Governance Authority (LAGA)

Comprises:-
– Parish Administrative Authority
– Local Government Authority

The Administrative Branch is headed by the Secretary of Administration and four (4) Deputy Secretaries of Administration for Constitutional bodies, Ministries of Government, Statutory Bodies, Local Administrative and Governance Authority.

The Local Administrative and Governance Authority (LAGA)
(Notes: The paucity or complete absence of leadership institutions within communities, and the lack of necessary resources to ensure their effectiveness results in an underdeveloped and uncivilized citizenry with attendant civil disorder, crime (including murders), and under-productivity, the recipe for “garrisonization” and criminal gangs. Recent laws to improve local governance, The Local Governance Act, the Local Government Unified Service and Employment Act, and The Local Government Financing and Financial Management Act, have been completely ignored by the current administration. This legacy of colonial rule can be corrected by creating constitutionally-mandated community-based organizations that integrate the institutions that are important for wholesome human development, supported by funding from a mix of public and philanthropic (local and international) sources.)

LAGA is an arm of the Administrative Branch of government and shall have a Parish Administrative Authority (PAA) and a Local Government Authority (LGA) in each parish. The PAA has administrative responsibility at the local level for the management of resources allocated by the central government, including oversight and effective execution of all government projects. The LGA comprises locally elected officials in each parish, and has responsibility for enforcement of local laws and regulations developed by the Parish Council and ratified by Parliament, and for development and maintenance of local infrastructure.

Parish Administrative Authority (PAA)

Parish Administrative Authorities shall have subordinate Area Administrative Authorities with responsibility for the administrative functions of Government within 4 contiguous villages which form an Area Council.
Parish Administrative Authority shall consist of:
– Administrative offices of each Government Ministry.
– Administrative offices of Statutory Bodies

Local Government Authority (LGA)

Local Government Authorities shall consist of
   (1) Community Councils
   (2) Area Councils (current Divisions)
   (3) Parish Council

Community Council – Community based organizations, community institutions, community members and other stakeholders shall nominate and vote for a Community Council Executive (President, vice-president, secretary and treasurer) every 4 years.

Area Council – The Executive members of 4 contiguous Community Councils shall elect an Area Council President and Vice-President from among the Community Council Presidents. The citizens of each Area Council shall elect a representative, Parish Councillor, to the Parish Council every 4 years. A Parish Councillor shall be a citizen of Jamaica, who was born in Jamaica, is over the age of 18 years, and has resided continuously in Jamaica for the preceding 10 years.

Parish Council – The Area Council Presidents, the elected representative of the citizens of each Area Council (Parish Councillor), and the head of the Parish Administrative Authority (Parish Administrator) shall form a Parish Council. The members of the Parish Council shall elect an Executive Body (President, vice-president, secretary and treasurer), not including the parish Administrator, every 4 years.

*Municipality Council (Area Council Equivalent) – Mayor, Deputy Mayor

Judicial Branch

Chief Justice – 10 year term
Appellate Courts
– internal
– external – Supreme Court
Parish Courts, Magistrates
Industrial Disputes Tribunal
Custos Rotulorums, Justices of Peace

The Republic of Jamaica, as an island nation within the Caribbean, shall utilize the service of a Caribbean regional final court or other accessible international final court.

Financial Authority – Branch

The Financial branch shall have responsibility for the repository and disbursements of all finances authorized by the Parliament, is headed by a technocrat, Secretary of Finance, who is appointed by the President. The Financial Authority manages the financial resources of the entire Government, and allocates financial resources to each branch in the following distribution:
– Compensation of the President of Jamaica
– Compensation of all parliamentarians and employees of government 

– 65% *(L2/3) to the Administrative Branch

– 65% (L2/3) of which is allocated to the Local Administrative and Governance Authority 

– 20% (L2/3) to the Judicial Branch – (management of the court system)
– 10% (L2/3) to the Financial Authority
– 5% (L2/3) to the Legislative Branch

*(L2/3) – 2/3 vote of the Parliament required for change.

The Financial Authority shall
– produce and disseminate in a spread sheet format for public consumption a Financial Report of the Government annually.
– make quarterly budgetary allocations to each Ministry of Government, Statutory bodies, the Local Governance Authority and the Jamaica Defense Force.
– maintain and ensure a balanced national budget annually.
– have responsibility for financial audits (quarterly, semi-annually and annually as required), in consultation and coordination with the Office of the Auditor General, of all governmental bodies.
– administer the Tax Administration of Jamaica.