The Jamaican Appeal Court on Friday overturned an April ruling that blocked the 2023 constitutional amendment extending Paula Llewellyn’s tenure as Director of Public Prosecutions (DPP).
In a summary judgment handed down today, the panel, led by Justice Christine Straw, ruled that upon the enactment of the amendment, the incumbent DPP “automatically benefited” from the tenure extension. The court also rejected the Constitutional Court’s assertion that such an extension required agreement between the prime minister and the Opposition leader.
The court upheld the validity of the 2023 constitutional amendments, which increased the retirement age of the DPP from 60 to 65 and allowed the DPP to elect to remain in office, bypassing the roles of the prime minister and Opposition leader in tenure extensions.
In 2023, the Government used its parliamentary majority to amend sections 96(1) and 121(1) of the Constitution. The amendments added a provision to increase the DPP’s retirement age to 65 and another allowing the DPP to extend their tenure independently of political agreement.
The changes faced opposition, with a lawsuit claiming the amendments were unconstitutional. The Opposition argued that Llewellyn, who had already received a one-time extension in 2020 upon reaching age 60, should not benefit from another.
In April, a three-judge panel of the Full Court ruled that while the amendment increasing the DPP’s retirement age was constitutional, the provision granting an additional extension was not. The court declared it “unconstitutional, null, void, and of no legal effect,” leading to Llewellyn stepping down after 16 years in office. She has been Jamaica’s DPP since 2008.
Interim DPP Claudette Thompson was appointed in her place, with her tenure extended beyond the initial six months.
The Government, represented by the attorney general, appealed the Constitutional Court’s ruling in April. Today’s Appeal Court decision reinstates the validity of the controversial amendment, marking a significant win for the Government.
