Status of Children Act Anniversary

Today, August 6, marks the 32nd anniversary of the passing of the Status of Children Act 1976. At the time, this Act abolished the distinction between children born in or out of wedlock. From that date onward, children born out of wedlock had the same status and priveleges as children born of married parents. The [...]

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The Maintenance Act, 2005

The Maintenance Act, 2005 has repealed the Affiliation Act which since 1926 had provided for the determination of fatherhood and the maintenance of children where the parents are not married to each other. The situation now is that whether a child is of a single woman or not, it does not matter so far as [...]

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The Status of Children Act

This law, first enacted in 1976, made all children equal in status, irrespective of whether their parents are or have been married to each other. It gave rise to the popular 1970s song which said, “no bastards no deh again”.
The law provides that where in civil proceedings, it becomes necessary to determine the paternity of [...]

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Jamaica’s Constitution as it relates to “allegiance to a foreign power”

Constitution Comments (0)

1. Section 39 of the Constitution of Jamaica provides that a Commonwealth citizen aged 21 years or upwards who has been ordinarily resident in Jamaica for the immediately preceding twelve (12) months is qualified to be appointed a Senator or elected as a member of the House of Representatives.

2. Section 40 provides that no person who by his own act is under acknowledgment of allegiance to a foreign power (meaning a non-Commonwealth country) shall be qualified to be appointed a Senator or elected to the House of Representatives.

Commentary: Theoretically, it does not matter where that Commonwealth citizen was born so long as he does not have allegiance to a non-Commonwealth country. It means, among other things, that:

(a) a non-Jamaican who is a citizen of Zimbabwe, Kenya, India or Pakistan can enter Parliament here after a mere twelve months residence; but

(b) a Jamaican-born person who has lived in Jamaica all his or her life, cannot enter Parliament if he or she happens to have allegiance to a non-Commonwealth country such as the United States, Panama, Mexico or Spain.

However, a Jamaican-born person may enter Parliament if he or she has allegiance to Nigeria, Zimbabwe or Australia.

Laws of Jamaica @ March 17, 2009

The National Housing Trust Act

General Comments (0)

1. This piece of legislation was enacted on New Year’s Day, 1979. It establishes a body called the National Housing Trust. You can click here to view/read the NHT Act in detail.

2. The sole functions of the Trust are stated as follows:

• (a) to add to and improve the existing supply of housing; and
• (b) to enhance the usefulness of the funds of the Trust by promoting greater efficiency in the housing sector.

3. In executing its functions, the Trust is required to make loans to contributors to assist in purchasing, maintaining, repairing or improving houses.

4. In 2005, Parliament amended this Act so as to enable the Trust to provide financing up to a maximum of five billion dollars for projects for the development of education. It is to be noted that this provision has nothing to do with the housing sector. So, strictly speaking, it was outside the scope of the law. Parliament seems to have recognized this fact as it provided that this amendment was to be effective only until August 25, 2006. So, after this date, the law reverted to the position it was in prior to the passing of the amendment in 2005.

5. This is a neat way of taking money from a fund that was legally established to do one thing, and to use it lawfully for another purpose. Parliament is really supreme.

There was much furor about this in the local press in 2005. Here are some links to related articles and letters on the matter:
- May 10, 2005 - Letter to the Gleaner Editor - NHT move is wrong
- July 23, 2005 - Letter to the Gleaner Editor - Lend the money for education
- July 27, 2005 - Article - House passes amended NHT Act
- July 30, 2005 - Article - Betrayal of trust, says JLP - as Senate passes amended NHT Act

Laws of Jamaica @ November 12, 2008