Should Attorney General be 'From Here?' - Dr Pickering says it's debatable
Dr Pickering, who was part of the Committee for the 2007 Constitutional Review in the VI, expressed his opinions on the Tuesday, May 14, 2019, edition of Honestly Speaking with Claude O. Skelton-Cline.
The ‘From Here’ Debate
“We did that with the Deputy Governor, which was part of the constitutional review, that the Deputy Governor has to be a, quote-unquote, Belonger,” he told Mr Skelton-Cline when asked about whether the post should be limited to only those who are ‘from here’ rather than having an outsider take on the role.
Currently, the post of AG in the Territory is filled by Ghanaian Baba F. Aziz, and over the months, social commentators including Tola Radio VI 'Hard Talk' host, Julio S. Henry have been calling for his removal, given his alleged role in overseeing several financial irregularities, such as mismanagement of funds that occurred under the past National Democratic Party (NDP) administration.
According to Dr Pickering, the issue lies in what would happen if there are no qualified locals.
“It’s a job that has certain qualifications attached to it, but what you hope is ultimately that you get to the point where you have a country where you have the Attorney General from amongst your elected officials...that’s what happens in most independent countries,” he said.
Up for Debate – Dr Pickering
Dr Pickering reiterated the issue is definitely a matter for debate moving forward. "Do you really want to box yourself into these highly professional positions if there are no local persons, just to say you must have a local person?”
He further said, “It was different for the Deputy Governor because that’s an administrative post, you don’t have to have a specific qualification to be Deputy Governor… to be the Attorney General you have to be a lawyer… you have to have a certain number of years’ experience."
“Its a part of the debate moving forward, I think that it has to be on the agenda,” Dr Pickering further implored.
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12 Responses to “Should Attorney General be 'From Here?' - Dr Pickering says it's debatable”
We as Constitutional researchers should not hide the Constitution from our people..No Contraversy, so lets read the Constitution Order 2007. POWER TO APPOINT ETC TO LEGAL OFFICE.
Section 95 - SUBSECTION "" [6] "" of the V.I Constitution states [" No person shall be appointed to the office of Attorney General unless he or she belongs to the Virgin Islands unless, in the opinion of the Judicial and Legal Service Commission, there is no such person who is suitably qualified and able and willing to be so appointed"]
This matter was debated before Her Majesty,the Queen at the court at Buckingham Palace,in the presence of the Queen's Most Excellent Majesty in Council and on the advice of Her Privy Council, on 13th June 2007.
Having a belonger as A.G is a Constitutional Law, as written in the V,I Constitution Order 2007.
What do you want to debate?..Because its already in the Constitution.
Researched by..
Legal Team..
Reading is fundamental but being able to interpret what you read makes a huge difference. The persons can be appointed by the Judicial and Legal Service Commission is there is no qualified belonger
Legal team is saying, there is nothing to be debated, its already written in the constitution, with exception..there is nothing to be interpreted..You should only have a expat AG if no virgin islander is qualified or unable or unwilling to do the job of AG. I understand that to mean, bvislander first and if bvislander is not qualified etc you go to the expat, that is straight forward..so if no vislander is qualified,no problem expat AG can be appointed..I read the comment and I understand that as ABC..