The Jamaica Star :: Features :: The dual-citizenship controversy continues

There is controversy surrounding the dual-citizenship issue which resulted in Daryl Vaz being ousted as member of parliament.

Some people are of the view that the seat should go to People's National Party candidate Abe Dabdoub. Others say a by-election is the only legal remedy.

There is going to be an appeal against the Supreme Court ruling and everyone is anxiously awaiting the outcome.

Dabdoub had filed an election petition contending that Vaz who was born in Jamaica also has American citizenship and was the holder of an American passport. Dabdoub said Vaz had breached the Jamaican Constitution.

Vaz said he got American citizenship through his mother who was an American citizen.

Chief Justice Zaila McCalla after hearing evidence in the petition relied on section 40 (2) (a) of the Constitution which states "no person shall be qualified to be appointed as a senator or elected as a member of the House of Representatives who - is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state."

The court found that the fact that Vaz renewed his American passport when he became an adult and travelled on it, he had by his own act acknowledged his allegiance to the USA.

Questions have been raised as to why the court did not declare Dabdoub as the duly elected MP in the September 3, 2007 general election.

Notice of disqualification

The chief justice said that although Dabdoub had served notice to the electors in the constituency of Western Portland that Vaz was disqualified to be elected as MP, the notice of disqualification was not clear. The chief said also that after the notice was circulated, Director of Elections Danville Walker had issued press releases telling the electors to go out and vote on election day because all 146 candidates were properly nominated.

It was for those reasons that the chief justice ruled that there should be a by-election. The Court of Appeal will have to decide whether Dabdoub will be returned as the duly elected MP or there is to be a by-election. If the Court of Appeal upholds the chief justice's ruling, it means that any person with dual citizenship cannot be a member of parliament.