The National Housing Trust Act

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 [...]

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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The Maintenance Act, 2005 has repealed the Affiliation Act which since 1926 had provided for the determination of fatherhood and the maintenance of children where the parents are not married to each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 Coroners Act

General Comments (0)

The Resident Magistrate for a parish is ex officio the Coroner for that parish.

The Coroners Act provides that where it appears to the Coroner that there is reason to suspect that:

(a) a deceased has come to his death by murder, manslaughter or
infanticide; or
(b) that the death occurred in circumstances which, if continued,
would be prejudicial to public health or safety,

the Coroner shall summon a jury to determine how, when and where the deceased came by his or her death, and whether anyone should be charged with murder or manslaughter. If the jury finds that someone is to be charged, the Coroner issues a warrant for the arrest of such person who is then brought before the next sitting of the Circuit Court for that parish.

However, where the Resident Magistrate is sitting as a Resident Magistrate and conducting a preliminary examination in a charge of murder or manslaughter, no jury is required at that stage, and the Resident Magistrate (sitting alone) commits straight to the Circuit Court, if satisfied that a prima facie case has been made out.

So, the question arises: why is a jury stipulated for a Coroner’s Court in these cases? Why can’t the Coroner sit alone at all times and do the same thing that he or she does when sitting as Resident Magistrate, that is, commit to the Circuit Court? After all, there is the constant complaint that inquests are not being held quickly enough due to problems with jurors.

Click here to view/read The Coroners Act

Laws of Jamaica @ September 27, 2009

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