Judicial thinking…

first_img…on the elections brouhahaToday, the CCJ has a “Case Management Conference” to indicate to the PPP and the Govt the timelines for their submissions in the appointment of the GECOM chair appeal. This comes in the midst of the latest political brouhaha which also landed into the CCJ’s lap. This emphasizes that we’ve chosen the CCJ as our final court of appeal on even our domestic legal problems.Of the 15 Caricom members, only Barbados, Belize and we’ve done this. The rest retained the British Privy Council for their final appeals! Our political leaders from both sides of the divide were more “West Indians” than Jamaica and Trinidad, and insisted that Judges from countries that weren’t even CCJ members judge us!! There are no Guyanese on the CCJ bench right now.The argument was that “local” legal minds would be more attuned to our local idiosyncrasies, and consequently be able to apply the law in a more nuanced fashion. Not everyone, including the eminent and recently departed distinguished legal scholar Fenton Ramsahoye, was so convinced. It’s been pointed out that in such small territories, where there are all sorts of local connections and intersecting interests, the Justices may have “skin in the game” and consequently give decisions based not on the law, but on their personal inclinations.“Textualists” hold that judges should just “apply the law as written”, while “originalists” insist they should also hark to the “intent” of the framers – the “spirit” of the law. “Realists”, on the other hand, accept that judges invariably have personal perspectives, and should therefore state “where they’re coming from”. For instance, they could be looking at the consequences of their decision in light of changed conditions. And your Eyewitness has barely scratched the surface of the tools – such as precedents – of judicial decision making!!So, dear reader, you can begin to understand that when judges give their rulings, it could go in any direction!!So, on the GECOM Chair ruling, which tool might best be used? Well, the insertion of Art 161 (2) was only done just before the 1992 elections. The text is pretty clear, and we know for sure the intent was to impose some sort of “give and take” in the appointment, between the President and the Opposition Leader. Was this achieved? When the President rejected all three lists, could he act unilaterally and still satisfy the text?What are the Judges “personal inclinations”??…on majorities (again!)With the above background on judicial thinking, maybe we can figure out what went down in our courts, and what might be ahead in the CCJ on the NCM vote?? Let’s start with Art 106 (6): “The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.” Now you can’t get clearer text than this, can you??What was the intent of the framers when they inserted the Article in 2001?? Well, we’d inherited a similar one from the British in our Independence Constitution in 1966, but Burnham removed it in his 1980 Constitution. Introduced in 2000, the intent was that governments must show they’ve retained their democratic credentials after being elected.The word “majority” in and of itself always meant “the greater portion”, and an odd number of seats was chosen over the years (1961 to 1980, 53 seats; since 65 seats) to prevent a tie by having “1” as the tiebreaker to give “the greater portion than all others”. The formula is 65-1 divided by 2 = 32 +1 = 33!! No need for half bodies!!The redundant adjective “absolute” was introduced to muddy the waters and produce a “preconceived” result!…on these mega sentencesOK…your Eyewitness accepts that some crimes are beyond reprehensible. But what’s the point of these 100-year sentences being doled out nowadays?Especially when they’re now being routinely appealed and reduced?? Spinning wheels?last_img read more

Tottenham signing Wanyama reports training

first_img0Shares0000Wanyama hits the weights at Hotspur Way. PHOTO/Tottenham Hotspur.LONDON, United Kingdom, July 4 – Kenya’s captain Victor Wanyama has spent his first day at his new club Tottenham Hotspur ahead of the new campaign.The tough-tackling midfielder, who has signed a five-year deal at White Hart Lane after joining from Southampton for an undisclosed fee last month, was put through his paces at Spurs’ state-of-the-art training complex at Hotspur Way on Monday. Wanyama will be no stranger to Mauricio Pochettino’s punishing pre-season regime – which often includes double sessions in a bid to get the players ready for his preferred high-press system – after their time together on the south coast.Victor Wanyama is put through his paces. PHOTO/Tottenham Hotspur.“He’s a beast on the pitch but a very nice person off it:” @AlderweireldTob on @VictorWanyama#COYS#TogetherTHFC pic.twitter.com/MLZQihYx9i— Tottenham Hotspur (@Spurs_India) July 4, 2016summer without international football following Denmark’s failure to qualify for Euro 2016.Spurs are still hopeful of doing a deal to sign Dutch striker Vincent Janssen to help ease the burden on Harry Kane.Sky sources reported last month that the 21-year-old held talks with Spurs in London after AZ Alkmaar gave permission, but a fee has not been agreed.0Shares0000(Visited 1 times, 1 visits today)last_img read more

Liverpool line-up v Southampton: Wideman tipped to return ahead of crucial top four clash

first_imgLiverpool’s narrow Europa League victory over Besiktas asked more questions of the Redmen than it answered, but for the moment attention returns to the Premier League and the battle for a top four place.The Merseysiders face a massive trip to Southampton this weekend, with just four points separating them and the high-flying Saints.Victory would be a massive boost in Liverpool’s hunt for a Champions League place, while defeat would be a big setback, with fixtures against Man City, Man United and Arsenal on the horizon.Below is how boss Brendan Rodgers’ side could look: Liverpool face Southampton this weekend 1 1 GoalkeeperSimon Mignolet’s continued renaissance means that he will remain between the sticks for Liverpool.DefenceWhile Rodgers’ back three experiment was initially derided by fans and pundits alike, Liverpool’s upswing in form and continued momentum indicates that something seems to be working. Expect it to continue this weekend, despite facing a Southampton side capable of causing problems. The trio of Emre Can, Martin Skrtel and Mamadou Sakho have clicked well.MidfieldSteven Gerrard’s absence and Lucas Leiva’s injury problems leave Rodgers with little in the way of options in the middle. Jordan Henderson is one of the first names on the team-sheet, and it seems likely that Joe Allen will partner him.In wider areas, Alberto Moreno will continue and there could be a recall to the starting XI for Lazar Markovic, who was forced to watch the midweek victory over Besiktas from the sidelines owing to his four-match UEFA ban.AttackRaheem Sterling has returned to full fitness, but it remains very much up in the air as to whether he will start or come off the bench. Adam Lallana will naturally be keen to face his former side and could start if Sterling isn’t quite ready, while Philippe Coutinho’s good form means he is almost undroppable. Mario Balotelli’s controversial heroics may have helped his cause, but it’s unlikely that he will displace Daniel Sturridge in attack.Liverpool fans, how do you think you’ll line-up this weekend? Comment below…last_img read more

‘I can’t believe that!’ – Liverpool boss Jurgen Klopp struggles to come to terms with Man United defeat

first_imgLiverpool manager Jurgen Klopp bemoaned his side’s lack of cutting edge as they succumbed to a 1-0 defeat to bitter rivals Manchester United at Anfield.The Reds dominated much of the proceedings only to find David de Gea in inspired form between the United posts, before Wayne Rooney struck a painful late winner to snatch the three points.Jordan Henderson, Roberto Firmino and Emre Can were all guilty of squandering good opportunities and Klopp was visibly irate in the aftermath as he attempted to come to terms with the defeat.“How can I say some good things only ten minutes after we lost to Manchester United?” he said.“They didn’t play good but they feel brilliantly at the moment. We played much better but we lost.“We were in a good way in this game but we didn’t’ finish.”The Reds’ frailties from set pieces were exposed again for the Red Devils’ goal as Rooney turned home after Marouane Fellaini had outjumped the home defence and rattled the crossbar.And Klopp couldn’t believe his pupils could concede in such sloppy circumstances – the seventh goal they’ve conceded from a set piece so far this season.He added: “Again a set play – I can’t believe that!“We didn’t avoid the cross, we lost Fellaini and we completely lost Rooney. He made the volley with their only chance in the game.“It’s hard to accept but we have to.”last_img read more

Cage gets more box office gold

first_img1. “National Treasure: Book of Secrets,” $35.6 million. 2. “Alvin and the Chipmunks,” $30million. 3. “I Am Legend,” $27.5 million. 4. “Charlie Wilson’s War,” $11.8million. 5. “Juno,” $10.3 million. 6. “Alien Vs. Predator: Requiem,” $10.05 million. 7. “The Water Horse: Legend of the Deep,” $9.2 million. 8. “P.S. I Love You,” $9.1 million. 9. “Sweeney Todd: The Demon Barber of Fleet Street,” $8 million. 10. “Enchanted,” $6.5 million. 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set! By David Germain The Associated Press Fortune-seeker Nicolas Cage, lonely guy Will Smith and a pack of talking chipmunks ended Hollywood’s year on a happy note. Cage’s “National Treasure: Book of Secrets” was the No. 1 movie for a second weekend with $35.6 million, followed by “Alvin and the Chipmunks” with $30 million and Smith’s “I Am Legend” with $27.5 million, according to studio estimates Sunday. AD Quality Auto 360p 720p 1080p Top articles1/5READ MORECoach Doc Rivers a “fan” from way back of Jazz’s Jordan ClarksonThose hits along with a solid crop of other holdovers and new movies that opened Christmas Day capped a year-end hot streak for Hollywood, whose business soared after a sluggish fall. “It’s being spread among three or four key movies, then another six or seven or eight below that, which is great,” said Mark Zoradi, president of the motion-picture group at Disney, which released “National Treasure.” Hollywood will finish the year with record revenues of about $9.7billion, up from the previous best of $9.45 billion in 2004, according to box-office tracker Media By Numbers. With the holidays falling on Tuesday, many people have been taking five-day weekends, a boost for the movie business. Many students are off from school until next week, too. Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Media By Numbers LLC. Final figures will be released Wednesday. last_img read more

AC Milan ready to pounce for Zaza amid rumours West Ham could cancel loan

first_img1 Simone Zaza has yet to impress in a West Ham shirt AC Milan will make a move to sign Italian striker Simone Zaza – if West Ham decide to cancel his loan stay in the Premier League.The striker moved to the London Stadium in the summer from Juventus on loan, with a view to a permanent switch next summer.However, the Italian has failed to hit the ground running in England and there was talk the Hammers could cancel his stay.Milan, according to Premium Sport, are very interested in Zaza and are monitoring events in London very closely.West Ham are likely to make a decision soon, as they must sign the 25-year-old permanently for fee of £17.2million if he plays a certain number of Premier League appearances this season.Any decision to terminate Zaza’s loan would leave him free to move on in January and that is when Milan are hoping to make their move.last_img read more

12 Days of Positivity rolling along across C-K

first_imgThe 12 Days of Positivity in Chatham-Kent is into the home stretch – and there is definitely a positive vibe happening around the community, organizers say.The third annual free community dinner organized by Chatham’s Breakfast House & Grille Churrascaria at its Armoury banquet hall attracted another big crowd on Monday.“I love seeing everybody from the community coming in here with smiles on their face,” said Matt Harlick, a partner in Chatham Breakfast House & Grille. “Everybody’s excited to just come in and enjoy a meal and just have some camaraderie between the community.”He said having 12 days of positivity “gives a light at the end of the tunnel” in a day and age when there is a lot of negativity.“We feel it in ourselves when we see all these positive faces and smiles,” added Brian Machado, a partner in the business.He gave credit to Pie-Zano’s Pizza and Community Living for helping make the event a success by providing pizza and desserts, as well as Just Grin Productions, which was taking free photos of participants.Machado said doing things to help make your community better is part of what being a small business owner is all about.Ginny and Brian Steptoe of Chatham, who were among the local residents who enjoyed the free lunch, are big supporters this local initiative.“The 12 days are a great way to spread positivity in Chatham-Kent,” Ginny Steptoe said. “We hope everybody can get on board.”When asked what they do to be positive, Brian Steptoe mentioned helping out their neighbours, friends and family, “We just try to smile and be the best people we can be,” he said.Jason King, co-ordinator of the 12 Days of Positivity, said this year’s campaign has been great across the community with many different people and groups getting involved.“Positivity is growing in Chatham-Kent,” he said.eshreve@postmedia.com@Chathamnewslast_img read more

Food and trees for Africa

first_img14 May 2002Forget ‘I believe I can fly’. ‘Sustainable development’ is the new mantra to gyrate to as the World Summit approaches, and earnest environmentalists and other NGO-types are suddenly far hipper than any aspiring Pop Idols.Jeunesse Park, CEO of Food and Trees for Africa (FTFA), a dynamic and fast-growing NGO which promotes greening and food security through permaculture, notes with some amusement: “There’s a huge rush of interest in sustainable development and related issues.“Suddenly people are fascinated by what we do – from all levels of government to the private sector, international NGOs and the general public. Everyone is expressing the desire to plant a tree.’But Park hasn’t waited around for the limelight to catalyse her into action. What her fast-growing NGO has quietly accomplished these past 12 years could fill several books.“Everything we do,’ she says, “is about sustainable development’.FTFA, formerly known as Trees for Africa, has three key programmes: Trees for Homes, Eduplant, and the Urban Greening Foundation. A multitude of projects fall under each of these programmes.All over the country, thanks to the education and support programmes offered by FTFA, hundreds of people – from three-year-olds to school children to the sick and elderly – are hard at work planting, reaping, creating and selling their homegrown or recycled wares.‘A house is not a home without a tree’Trees for Homes, which espouses the view that “a house is not a home without a tree’, aims to improve the quality of life of the poor by providing plant material, environmental awareness and education for those living in low-cost housing developments.Although South Africa’s sprawling and dusty townships are a legacy of its apartheid past, the majority of its disadvantaged people continue to live in these poorly designed and impoverished urban and peri-urban housing settlements.Growing trees and other plants in the townships brightens the environment, prevents soil erosion, and provides wind breaks, as well as food, income and activities for many unemployed people.FTFA does far more than simply provide plants for greening. It spreads awareness about the importance of greening, and trains volunteers to become community-based educators on greening the environment themselves. They share their knowledge with neighbours, and soon the entire community is involved in the business of gardening.As part of its urban greening project in Kyalami, FTFA trained numerous volunteers to start their own gardens, and handed over 3 000 trees to 3 000 Kyalami residents on 4 May.PermacultureEduplant is an eight-year-old nationwide project which teaches schools about permaculture – a system of farming and gardening that combines animals, plants, buildings, local people and the landscape in way that recycles nutrients and waste, replicates nature as much as possible and generates more energy than it uses.Now hundreds of schools have started their own income-generating organic food gardens. Often the entire community gets involved, with unemployed parents helping out.Schools have come up with innovative plans to grow food, recycle waste and improve their school environments. Eduplant holds a competition every year for the best school permaculture projects.Urban greeningThe Urban Greening Foundation was established in response to a clamour of requests from local governments and communities to help with urban greening initiatives – from streets to homes to community food gardens.“We try to build capacity at both community and local government level’, says Park. When the link between these two is strong, the chances of a project becoming sustainable are far greater, she adds.To make greening a popular pastime, FTFA often creates “green heroes’ of prominent people like former President Nelson Mandela, Archbishop Desmond Tutu, and film stars Arnold Schwarzenegger and Whoopie Goldberg, all of whom have been invited to plant trees with communitiesThe sustainability of the SummitPark believes the World Summit is a wonderful opportunity for South Africa in general and Johannesburg in particular, whose citizens stand to benefit from the additional infrastructure and all the hype generated around development issues. <p. “The Summit is undoubtedly catalysing interest in sustainable development initiatives around the country,’ says Park.Hopefully lots of programmes and environmentally sound practices initiated around the Summit, like hotels recycling their organic waste, will continue long after the Summit is over, she adds.One such Summit-related activity, FTFA’s tree planting event during Arbour Week, which will see delegates planting trees along the Jukskei River in Alexandra, will reap rewards for many years to come.The plan, which is part of the Alexandra Renewal Project’s seven-year greening plan for the township, is to plant trees all the way along the river to Hartebeespoort Dam.Park is critical of the fact that bureaucracy and the high cost of engagement will prevent many ordinary people from participating in the Summit. “To have a presence there, you need money,’ she says.She also fears that environmental concerns are already being pushed aside by the broader financial interests of governments. “This Summit will be unique if it comes up with more than trade agreements. The environment is now at the bottom of the list of priorities, but in my view it’s the basis of everything.“Without a healthy environment we won’t have a healthy economy or political stability. The key to sustainable development is giving people capacity to grow their own food. It’s about natural resource use and management.’It is more important, she adds, to support the systems that poor people put in place to survive than to “pay consultants huge sums of money to come up with advanced programmes that exist only on paper’. Want to use this article in your publication or on your website?See: Using SAinfo materiallast_img

David O’Brien Named Director of Human Resources-Retail at Duluth Trading Company

first_imgDavid O’Brien was named director of human resources-retail with Madison, Wisconsin based Duluth Trading Company. O’Brien is the former senior director of asset protection, safety & environmental with Cabela’s where he started in 2009 as a regional asset protection manager. He then progressed to senior regional in 2010, manager of retail investigations in 2012, senior manager of corporate asset protection in 2013 and director of asset protection , safety & environmental in 2014.Congratulations David! – Sponsor – Information provided by out partners at Loss Prevention Recruiters Stay UpdatedGet critical information for loss prevention professionals, security and retail management delivered right to your inbox.  Sign up nowlast_img

MySpace Bleeding Money; News Corp Promises “Overhaul” Soon

first_imgThe Dos and Don’ts of Brand Awareness Videos Tags:#MySpace#NYT#web A Comprehensive Guide to a Content Audit Related Posts Facebook is Becoming Less Personal and More Pro…center_img Guide to Performing Bulk Email Verification The category of News Corp’s business that includes MySpace lost $174 million in the fourth quarter, worse than the $136 million it lost in the same period last year, the parent company said during its earnings call this morning. But News Corp plans to stick with the beleaguered social networking site, the company said, and a “major overhaul” will be finished in a few months.MySpace has been struggling for years to remain relevant alongside more trendy sites like Facebook and Twitter. Worse, its lucrative advertising deal with Google will expire or be renegotiated on less favorable terms at the end of this month, News Corp said.News Corp bought MySpace as part of a $580 million deal in 2005. It described MySpace at the time as “the leading lifestyle portal for networking online,” and claimed it was the fifth most popular site on the Internet and was home to more than 8% of all Internet advertising. But Facebook surpassed MySpace as the most popular social network worldwide in 2008, and the original blockbuster social network seems to be falling further from mind.Advertising is MySpace’s only source of revenue and (sound familiar?) the company has historically had trouble “monetizing its large audience.” But News Corp CEO Rupert Murdoch insists that MySpace has a new management team and bright prospects. “We have great confidence,” he said today.MySpace is working on improving its news feed, as we reported yesterday, and introduced integration with Twitter. News Corp hasn’t said when exactly the site will be changed. In the meantime, News Corp still has Fox News and DVD sales of “Avatar” to keep it profitable while MySpace figures things out. adrianne jeffrieslast_img read more