KINGSTON, Jamaica, CMC—Opposition Leader Mark Golding has failed in his attempt to file a motion of no confidence against Prime Minister Andrew Holness. The controversy continues following the tabling of an Integrity Commission (IC) report that scrutinized Holness’ financial affairs.
Golding attempted to file the motion on Tuesday but was shut down by Deputy Speaker of the House of Representatives Heroy Clarke.
Prime Minister Holness’s attorneys have petitioned the Supreme Court to review the legality of the IC’s actions during its probe of their client’s statutory declarations. They argue that the IC reports, made public, “are tainted and ought to be struck down.”
They also argue that the IC and its director of investigation overstepped their powers and acted “illegally.”
But Golding told the Gleaner newspaper that in his motion, which was ruled “out of order” and said to be in breach of the sub judice rule, he was raising an issue regarding a breach of the Ministerial Code of Conduct by Prime Minister Holness in failing to disclose that he was being investigated for illicit enrichment by the Integrity Commission.
“That has nothing to do with the content of the report or any of the allegations made against him in the report, so I don’t think that it was a matter that was affected by any legal proceedings that may or may not be pending,” Golding told the Gleaner newspaper.
Opposition People’s National Party (PNP) members left the Parliament after the motion was blocked.
However, in a statement, the ruling Jamaica Labour Party (JLP) said Golding’s attempt to move a motion in the House of Representatives on Tuesday was “out of order.
“The sub-judice rule and standing orders of the Parliament prevent matters that the Court is actively considering from being subject to discussion or debate in the Parliament. Additional rules which also guide the operations of Parliament make it clear that a motion which pertains to an issue that is before the Court and is to be adjudicated upon should not be countenanced by way of tabling in Parliament,’ said attorney and government legislator, Pearnel Charles Jnr.
Both the JLP and the PNP have been engaged in a tit-for-tat response to the IC report that was laid before Parliament last month.
In its report, the IC recommended that the Financial Investigations Division, Tax Administration Jamaica, and the Financial Services Commission examine the transactions of three companies linked to Prime Minister Holness. The transactions amount to more than J$470 million (One Jamaica dollar = US$0.008 cents).
On Monday, the attorneys for the prime minister said that they are seeking the Court’s intervention to scrutinize the actions of the director of information and complaints for the IC, Craig Beresford; Kevon Stephenson, the director of investigation; and the commission for among other things, refusing or failing “to certify Holness’s 2021 and 2022 statutory declarations and provide reasons for being unable to certify them”, given that “there is no statement of reasonable suspicion of corruption or an offense” under the Integrity Commission Act.
The lawyers also want the Court to decide on the IC’s decision to refer the prime minister’s private companies to the Tax Administration and the Financial Investigations Division to keep the investigation for illicit enrichment open in relation to Holness’s 2021 declarations despite findings indicating that there was “no unexplained growth.”
The attorneys are also seeking an order of certiorari from the Supreme Court, which would allow it to scrutinize the IC’s process for arriving at its rulings and then quash the report, its findings, and recommendations regarding the August 2024 report and the September 2024 special reports.
They have also sought an order of mandamus related to Holness’s 2022 and 2023 statutory declarations.
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