Gordon Robinson | Pack your bags and go!
Published:Sunday | October 5, 2025 | 12:12 AM
If you didn’t know that Jamaican governance is fatally flawed, last week’s spat between former and current MPs in St James Southern ensured you know now.
Newly elected MP Nekeisha Burchell has come out of the political finger-pointing blocks faster than a speeding bullet accusing former MP Homer Davis of acting as if he’s still MP. According to Nekeisha, Homer is undermining her mandate by inserting himself into constituency affairs. She alleged Homer posted a video aligning himself with a government roadwork project in the constituency and announcing plans to complete six others.
She went further by implying that Davis has been doing more than just aligning himself with the projects. She accused Homer of “over-committing” the constituency’s allocation for the current fiscal year, with most of the funds already spent. In other words, she seems to be saying that Homer has left her with little or no financial resources to do her job.
Which is where the flawed governance system that began this Sunday offering comes in. What exactly is her job? In law, a MP is a creature of the Constitution. It’s a trite legal principle that any authority whether corporate or individual in nature that’s created by an Act of Parliament (or Imperial Order in Council as was the Constitution) cannot do anything in that capacity unless it’s authorized by the Act creating the office.
According to the Constitution, section 34:
“ 34. There shall be a Parliament of Jamaica which shall consist of Her Majesty, a Senate and a House of Representatives.”
N.B: It’s a House of “Representatives” NOT a House of Government Contract givers or influencers. In this House, members REPRESENT constituents.
Any doubt as to how the name MP came about is dispelled by section 36:
“ 36. The House of Representatives shall consist of persons who, being qualified for election…. have been so elected in the manner provided by or under any law for the time being in force in Jamaica and who shall be known as ‘Members of Parliament’.”
What can Members of Parliament do?
“ 48. (1) Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Jamaica.”
Full stop. Period. End of story!
So, a MP’s job is to represent constituents in Parliament in order to make laws. They should consult with constituents (as, for example, lawyers consult with clients they represent) on Bills whether tabled or to be tabled; debate these Bills, including in joint select committees; and ensure, by scrutinizing Government’s conduct in Parliamentary Committee, that Government stays within the boundaries of the laws MPs pass.
So whatever “work” an MP does in a constituency whether by way of advocacy with Government agencies or rallying constituency action on any matter isn’t part of a MP’s job. It’s political work done on behalf of a political party. But our governance system’s flaws have become so embedded in our consciousness as to make a broken system appear normal routine. For example, Parliament has exceeded its authority by creating a “Constituency Development Fund” that essentially empowers MPs to spend taxpayers’ money. Yes, a convoluted network of smoke and mirrors is used to disguise this reality but it is what it is. Some MPs actually hold constituency meetings to ask constituents how these funds should be spent.
Now Parliament has been on an everlasting mission to draft “job descriptions” for MPs. So employees (MPs are our employees) are drafting their own job descriptions? If it wasn’t so utterly contemptuous of their employers (us) it would be hilarious.
But the Constitution prepared and published these job descriptions 63 years ago. If you want a change in MPs’ job descriptions, that should be a part of the constitutional reform process. I know Government’s anxiety to replace a White King with a Black King and call that constitutional reform has been about as subtle as a foghorn. But Government’s problem is that Jamaica’s courts have become more and more focused on how the Constitution restricts what Government or Parliament can do and Jamaicans are becoming more aware of their rights and more emboldened to seek the courts’ intervention when our pseudo parliament does nothing about government excess.
Homer responded to Nekeisha’s allegations. He was unapologetic. As quoted by the Observer, he said:
“I’m just fulfilling my responsibility as a legitimate Jamaica Labour Party (JLP) caretaker for the constituency of St James Southern, and I’m free to move about anywhere, just like how she was free to move about anywhere [when she was a caretaker]. I can’t stop her, and she can’t stop me either. She cannot stop me from visiting an area where work is being done. She can’t!”
Don’t ask me what a “legitimate caretaker” is. It doesn’t appear in any law. So it must be as a result of a private contract between himself and the JLP in which event it has zero effect on anybody else especially the duly elected MP.
Homer was clearly miffed. Again, according to Observer:
“I think I have a right to protect my own integrity, meaning that if I said something is going to be done there, it is important that I witness it being done so nobody can say that I did say that road was going to be fixed and no road is fixed, and the next thing you hear say the… [money] siphon off…”
Who said money siphon off? Nobody! Who attacked Homer’s integrity? Why’d Homer feel he had to “protect my own integrity”? AFTER he visited and witnessed to ensure the road was fixed, Nekeisha, while complaining about his actions, did say money was “over-committed”. This was not said BEFORE Homer’s “visiting” to “protect my own integrity” nor was this an accusation of siphoning money. How’d Homer learn of this non-accusation that he apparently felt he needed to defend? How would mere “witnessing” ensure works were completed or accusations of siphoning prevented?
Arsenio would say “Things that make you go hmmmmmmm…..”
Scotty: Cut, cut, cut, cut! Tell mi sump’n. Whey yu a do in mi studio?
Young Man: Mi have a song sah
Young Man: No sah
Young Man: No sah but yu can gimme a chance yu know sah
In 1972, songstress Lorna Bennett kicked down the door to the big time with her monster hit for Harry J’s studio, a cover of Breakfast in Bed, written in 1969 by Eddie Hinton and Donnie Fritts for English superstar Dusty Springfield. It’s about a man who “visits” the “other” woman’s home whenever his wife stresses him out.
Within months, DJ sensation David “Scotty” Scott was in Harry J’s studio sampling the song with his unique toasting lyrics added. The “new” recording, another chart success, was named Skank in Bed. Scotty interrupted the bridge to introduce his take on an everyday scenario in Jamaican music studios where unknown artists, without the necessaries, tried to make a start by invading somebody’s else’s establishment hoping for a chance to record that breakthrough song.
Harry J revisited the song later in 1972 with Bongo Herman. In 1988, after hearing Lorna Bennett’s version, UB40 recorded an excellent cover, with the fabulous Chrissie Hynde, that peaked at number 6 on the UK pop charts.
Homer Davis’s stance is indefensible. If projects he “started” aren’t handled satisfactorily he can blame the contractors or even new MP. But he shouldn’t get involved in the works. There’s no way to ensure the “road is fixed” without being involved in the road works. Nobody should interfere with national projects. Even a MP’s “influence” is of questionable legality.
Homer, like an unlucky contestant on USA Reality TV Show, The Apprentice, you’re fired. Don’t pretend you’ve any national duty in St James South. You don’t. You’re there representing JLP only. Every constituent, Labourite, Comrade or other, is now represented by Nekeisha Burchell. Like any other fired employee, you should pack your things in a box and leave the office.
Nuh mek Nekeisha haffi sic K.D. pon you!
Peace and Love.
Gordon Robinson is an attorney-at-law. Send feedback to columns@gleanerjm.com