Farmer challenges BOJ’s cheque restrictions

A fresh legal challenge has emerged over the Bank of Jamaica’s (BOJ) mandate to phase out paper cheques.

The legal action targets the initial phase of the industry-wide transition towards electronic payments, ahead of an ultimate plan to fully eliminate paper cheques.

The latest motion was filed last Thursday by Devon Miller, a 58-year-old livestock farmer of Lennox Bigwoods in Darliston, Westmoreland.

Miller is asking the Supreme Court for leave to apply for judicial review of the BOJ’s July 22 decision to stop the encashment of cheques valued more than $1 million as of September 1.

Miller also wants to apply for judicial review of the BOJ’s decision to stop or restrict cheque encashment valued at more than $500,000, effective March 1, 2027.

In his affidavit, seen by The Gleaner, Miller said his farm was his sole income and he is usually paid by cheques as he does not operate a local account.

He claimed that like other entrepreneurs in his community, he encashes his cheques at local business establishments, as the nature of his business requires easy access to cash.

He outlined an experienced with one local bank, which he said deducted $60,000 in fees from an account which he had not used in four years because he was overseas.

He said that fuelled his decision not to open another account after he immediately closed that one.

According to him, there are no ATMs in his vicinity.

He said he was only made aware of the BOJ decision in September and that this could significantly prejudice his personal and commercial life.

Attorney-at-law Maurice McCurdy told The Gleaner his client believes the BOJ’s decision, and the manner and circumstances in which it is being carried out, breached his constitutional rights “to equitable and humane treatment by a public authority”.

He said the manner in which it is being effected is not “reasonably justifiable in a free and democratic society, as the necessary safeguards and supporting framework are not in place to prevent the decision from irreparably affecting him and others in similar circumstances”.

Since its announcement, the BOJ has faced formal legal challenges in the Supreme Court.

Leaders within the Christian community, including Pastor Jeffrey Shuttleworth (Freedom Come Ministries International) and Bishop Basil Hanson (Association of Christian Communicators and Media), have also filed motions for judicial review against the BOJ and BOJ Governor Dr Brian Langrin.

The claimants argue that the BOJ and its governor are exceeding their powers under the Bank of Jamaica Act by unilaterally eliminating cheques.

karen.madden@gleanerjm.com