FIXED DATE CLAIM FORM

APPLICATION FOR JUDICIAL REVIEW/ADMINISRATIVE

ORDERS

Form 2 [Rule 8.1(4)]

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2007 HCV 05050

IN THE MATTER OF THE CONSTITUTION

OF JAMAICA

BETWEEN PORTIA SIMPSON MILLER CLAIMANT

AND ORRETT BRUCE GOLDING FIRST DEFENDANT

AND THE ATTORNEY GENERAL SECOND DEFENDANT

OF JAMAICA

The Claimant, Portia Simpson Miller, the President of the People’s National

Party and Leader of the Opposition, whose address is 89 Old Hope Road,

Kingston 10 in the parish of Saint Andrew claims against the First Defendant,

Orrett Bruce Golding, Prime Minister of Jamaica, whose address is Jamaica

House, 1 Devon Road, Kingston 10 in the parish of Saint Andrew and the Second

Defendant, The Attorney General of Jamaica, joined in these proceedings

pursuant to the Crown Proceedings Act and whose address is NCB Towers,

North Tower, 2 Oxford Road, Kingston 5 in the parish of Saint Andrew, for
judicial review and a declaration and relief under the Constitution and in

particular seeks the following Orders:

(1) An Order for Certiorari quashing the recommendations of the 1st

Defendant to His Excellency the Governor General that the members of

the Public Service Commission be removed from office for reasons of

misbehaviour.

(2) A Declaration that the 1st Defendant acted unconstitutionally, unlawfully

and/or contrary to the principles of natural justice when he recommended

to His Excellency the Governor General that the members of the Public

Service Commission be removed from office for misbehaviour.

(3) Such further and/or other relief as this Honourable Court deems just.

(4) An Order as to the costs of this claim.

The grounds for this application are as follows:

1) The First Defendant has breached the rules of natural justice in relation to the

members of the Public Service Commission (PSC) and/or has breached his

duty to act fairly to the said members of the Public Service Commission. The

members of the PSC have been denied the right to a fair hearing to determine

whether there is misbehaviour on their part;

2) The First Defendant has been guilty of procedural unfairness in that:

i) he has failed to give prior notice of his finding of misbehaviour to the

members of the PSC and he has failed to give them an opportunity to

be heard before coming to his “finding” of misbehaviour;

 ii) That further in so doing the First Defendant has not given due regard

to the right of the PSC members to protection of the law as granted by

section 13(a) of the Constitution which states:

13. Whereas every person in Jamaica is entitled to the fundamental

rights and freedoms of the individual, that is to say, has the right,
whatever his race, place of origin, political opinions, colour, creed or
sex, but subject to respect for the rights and freedoms of others and
for the public interest, to each and all of the following, namely-

(a) life, liberty, security of the person, the enjoyment of

property and the protection of the law; (emphasis added)

3) The First Defendant is guilty of the unreasonable exercise of power in that he

has acted in bad faith;

4) The First Defendant has denied the members of the PSC their legitimate

expectation to a fair hearing into the allegations of misbehaviour against

them.

5) The Claimant knows of no other form of redress existing.

6) The First Defendant has failed to give any or any proper consideration to the

matter in question in response to the Claimant’s letter dated November 23,

2007 formally advising him of her disagreement and has instead proceeded to

make his proposed recommendation to the Governor General that the

members of the PSC be removed from office.

7) The First Defendant had no constitutional or other authority to intervene in

the selection/appointment of a public officer to wit the Solicitor General and

so acted contrary to section 125 of the Jamaican Constitution.

8) No application is being made for time.

9) Whereas the Claimant is not being personally or directly affected by the First

Defendant’s recommendation, the Claimant is the leader of the Opposition,

 President of the People’s National Party and a Jamaican citizen and is charged

with the responsibility of defending the Constitution of Jamaica and as such

seeks judicial review in the interest of the citizens of Jamaica.

10) The applicant’s address for service is that of her attorneys-at-law being

LINTON WALTERS & CO of 2 Duke Street, Kingston.

11) The First Defendant’s address is c/o Jamaica House, 1 Devon Road, Kingston

in the parish of Saint Andrew and the Second Defendant’s address is c/o 2

Oxford Road, Kingston 5 in the parish of Saint Andrew.

12) The Applicant relies on the Affidavit of Portia Simpson Miller sworn to on the

21st day of January, 2008.

I Linton Walters, attorney-at-law of 2 Duke Street, Kingston, certify that the

Claimant certifies that all the facts set out in this claim form are true to the best of

her knowledge information and belief and that it is given on her instructions.

AND TAKE NOTICE THAT: The first hearing of this matter is set to be heard on

the day of , 2008 in Chambers

at the Supreme Court at King Street at a.m./p.m. for . If

you do not appear personally or by an Attorney-at-Law and order may be made

in your absence.

DATED THE 21st DAY OF JANUARY, 2008

__________________________________________
ATTORNEY-AT-LAW FOR THE CLAIMANT
 NOTICE TO THE DEFENDANT

The first hearing of this claim will take place at The Supreme Court, Public Buildings,
King Street, Kingston, on the day of , 2008, at
am/pm.

If you do not attend at that hearing, judgment may be entered against you in accordance
with the claim.

If you do attend, the judge may

(a) Deal with the claim, or
(b) Give directions or the preparation of the case for a further hearing.

A Particulars of Claim or Affidavit giving full details of the Claimant’s claim should be
served on you with this Claim Form. If this has not been done and there is no order
permitting the Claimant not to serve the Particulars of Claim or Affidavit you should
contact the court immediately.

You should complete the form of Acknowledgement of Service served on you with this
Claim Form and deliver it to the registry (address below) so that they receive it within
FOURTEEN days of service of the Claim Form on you. The form of Acknowledgement
of Service may be completed by you or an attorney-at-law, acting for you. See Rules
9.3(1) and 9.4(3).

You should consider obtaining legal advice with regard to this claim. See notes in
Form 2A served with this Claim Form
This Claim Form has no validity if it is not served within six months of the date
below unless it is accompanied by an order extending the same. See Rule 8.14(1)

[SEAL]

The Registry is at King Street, Kingston, telephone numbers (876) 922-8300 – 9, fax
(876)967-0669. The office is open between 9:00a.m. and 4:00p.m. Mondays to
Thursdays and 9:00a.m. to 3:00p.m. on Fridays, except on Public Holidays.

Dated the of 2008

Filed by LINTON WALTERS & COMPANY, Attorneys-at-law of No. 2 Duke Street,

Kingston for and on behalf of the Claimant herein and whose address for service is that of
her said Attorneys-at-Law.