Posted on August 4, 2020
I recently had a conversation with a gentleman who stoutly defended the practice of ‘vote buying’ as simply voters taking advantage of a business opportunity.
Previously I have spoken to a few other Jamaicans who asserted that they only want their $5,000 payment and that corruption is not a big deal.
Jamaica’s political leaders in the Parliament have passed legislation to assert their opposition to corruption, to vote buying by whatever means and to make such actions subject to fines and penalties, as well as promoting a Code for corrective actions by political party leaders on the Recommendation of the Political Ombudsman under the Political Ombudsman (Interim) Act, which can be viewed at www.opo.gov.jm.
Corruption simply means doing or failing to do any act so as to obtain an illicit benefit for the person or someone else.
Corruption, according to a recent poll is only of concern to 7% of the public. This either means that the moral, ethical, social and economic eyes of our people are not working or we are resigned to become a country where wrong doing by the ‘bigger heads’ is fine and we accept our position as being unworthy of the respect and honest service of those we elect and employ.
Each case must be looked at and dealt with forcefully and without excuse. Reference to how previous or other acts of stealing from the public of our money, our land, our equipment, our rights is a red herring or smoke screen which lines up partisan interest and responses so to prevent full action.
The Representation of the People Act (www.japarliament.gov.jm) which had the support of both major political parties in its passage through Parliament, provides at S70 for a number of election offences.
Section 91 makes bribery treating and undue influence, offences punishable on summary conviction before a Resident Magistrate (now Parish Judge).
The penalty at S93 for each offence is a fine of between twenty thousand and eighty thousand dollars or imprisonment with or without hard labour for a term of three to five years.
Bribery S91 – including (directly or indirectly by yourself or an agent) means inducing– any person to vote or refrain from voting in exchange for a benefit.
Treating S91 – includes every elector who corruptly accepts food, drink, entertainment or provision in exchange for voting or refraining from voting.
Undue Influence S94 – includes impeding or preventing free exercise of the right of any person to vote by threat, force, duress etc.
These provisions give legal force to the provision set out at Apendix 1 in the Agreement and Declaration on Political Conduct (Code), www.opo.gov.jm which provides inter alia:
85a Duke Street, Kingston, Jamaica, Tel. 876 922-8653/922-0317 Email: email@example.com NEW www.opo.gov.jm
1.(f)(i) Candidates or others acting on behalf of candidates:
Must not use funds derived from any source, public or private to improperly influence electoral choices
The use of unauthorized public and road works such as playfields, bushing, marling are opportunities for candidates and their surrogates to put money into the hands of potential voters under the guise of employment and to suggest to the voters that road and other works are a down payment being done to encourage them to select the candidate involved.
These actions and other breaches of the Code and law, should be reported to the Political Ombudsman, the Electoral Commission, Integrity Commission or the Police as appropriate, so that action can be taken through party leaders and the Courts to hold those in breach to account.
I wish every Jamaican a renewed sense of confidence, honour and duty towards Jamaica Land We Love as we celebrate our Emancipation and Independence.