Senate fight
THE Supreme Court will today hear an application for an injunction from Arthur Williams, the former Leader of Opposition Business in the Senate, who is challenging his ouster from the Upper House with an undated resignation letter following the Jamaica Labour Party (JLP) leadership race.
Williams is expected to ask the court for an injunction barring JLP leader Andrew Holness from making any nomination for the appointment of a new member of the Senate to fill “alleged vacancies created by his use of undated resignation letters of two senators” — Williams and Christopher Tufton — “pending a final determination of this matter by the court”, said a release from Williams yesterday.
Williams, in his claim against Holness for relief under the constitution, will be seeking a number of declarations and orders, including:
* that an undated letter of resignation and a letter authorising the defendant to date and use the same, which had been signed by the claimant, were used by the defendant other than for the purpose for which they had been given and therefore were unlawfully used and accordingly are void and of no effect.
* that based upon the claimant’s stated position, he would not resign as requested…
* that the very fact of requesting these undated letters of resignation from all persons to be appointed as senators under nomination of the Leader of Opposition is contrary to Jamaica’s Constitutional scheme.
* that the undated letters of resignation are void as being inconsistent with the constitution by seeking to give to the defendant the right or power to effect the resignation of the claimant at the defendant’s volition.
* that by using the undated letters of resignation for the reason that the claimant did not support the defendant in the election for leadership of the Jamaica Labour Party is inconsistent with the constitution of the Jamaica Labour Party and the constitution of Jamaica.
* that the use of the undated letters of resignation on the basis that the claimant did not support the defendant in the election for leadership of the Jamaica Labour Party contravenes the claimant’s constitutional rights to the freedoms of conscience, association and expression protected by section 13 (3), (b), (c) and (e) of the Charter of Rights.
Williams is being represented by constitutional lawyer Dr Lloyd Barnett and Wentworth Charles.