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AFFIDAVIT OF PORTIA SIMPSON MILLER IN SUPPORT OF APPLICATIONFOR JUDICIAL REVIEW/ADMINISTRATIVE ORDERSIN THE SUPREME COURT OF JUDICATURE OF JAMAICACLAIM NO. 2007 HCV 05050IN THE MATTER OF THE CONSTITUTION OFJAMAICABETWEENPORTIA SIMPSON MILLERCLAIMANTANDORRETT BRUCE GOLDING 1
ST
DEFENDANTANDTHE ATTORNEY GENERALOF JAMAICA 2
ND
DEFENDANTI, THE MOST HONOURABLE
 
PORTIA SIMPSON-MILLER O.N., M.P.
 , being dulysworn make oath and say as follows:
1.
That I am the Leader of the Opposition and the President of the PeoplesNational Party and my address for the purposes of this action is 89 Old HopeRoad, Kingston 10 in the parish of Saint Andrew.
2.
That in respect of my position as Leader of the Opposition I am an appointeeof the Governor General of Jamaica, I am the member of the House ofRepresentatives who is best able to command the support of the majority ofthose members of the House who do not support the Government. Thatthose members as so described total twenty eight (28) out of sixty (60).
 
3.That the Peoples National Party is the oldest active political party in Jamaicaand has thousands of members spread across the fourteen (14) parishes of theIsland.4.That as the Leader of the Opposition, a member of Parliament, President ofthe Peoples National Party and a citizen of Jamaica, I am charged with theresponsibility of defending the Constitution of Jamaica.
5.
That in my capacity as Prime Minister of Jamaica I had direct responsibilityfor making recommendations to his Excellency the Governor General, afterconsultation with the Leader of the Opposition, for appointments to thepublic service pursuant to the Constitution. I cite as examples the fact that Idid so in relation to appointments to the posts of Chief Justice of Jamaica andthe President of the Court of Appeal and in so doing garnered a level ofexperience and expertise in the subject matter of this claim.
6.
That in all the circumstances, I have sufficient interest in the matter of thisapplication within the meaning of Part 56.2 of the Civil Procedure Rules 2002.
7.
That the First Defendant is the Honourable Orrett Bruce Golding and is thePrime Minister of Jamaica appointed by the Governor General. That to the best of my knowledge his address for the purposes of these proceedings is Jamaica House, 1 Devon Road, Kingston 5 in the parish of Kingston.
8.
That the Second Defendant, the Attorney General of Jamaica, is joined in thisaction by virtue of the Crown Proceedings Act and whose address for the
 
purposes of these proceedings is NCB Towers, North Tower, 2 Oxford Road,Kingston 5 in the parish of Saint Andrew.
9.
That the facts on which this application lies are as follows:
(1)
That on November 19, 2007 I received a letter from theFirst Defendant indicating his intention to recommend tothe Governor General, the removal of the members of thePublic Service Commission (hereinafter called “the PSC”).Said letter purported to satisfy the requirements of section32.5 of the Constitution with respect to consultation withme in my capacity as Leader of the Opposition.That Iattach hereto marked
“PSM1”
a copy of the letter of thesaid 1
st
Defendant to me dated November 16, 2007
(2)
That the PSC is set up under and by virtue of Section 124.1of the Constitution of Jamaica. That Section 124.5 stateshow and under what circumstances the office of a memberof the public service can become vacant and is as follows:
(a) At the expiration of five years from the date of his appointment or suchearlier time as may be specified in the instrument by which he wasappointment;(b)If he resigns his office;
(c)
If he is appointed to any public office other than the office of memberof the Judicial Service Commission or member of the Police ServiceCommission; or
of 00

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