Newsmaker of the Year: The Integrity Commission

A hyperactive year for the Integrity Commission (IC), which shaped dozens of headlines, ended with Jamaica’s foremost anti-corruption body at the centre of court proceedings brought against it by Prime Minister Dr Andrew Holness, following the tabling of an investigation report.

The report, an investigation into concerns Holness owned assets disproportionate to his lawful earnings, was one of 13 produced by Director of Investigation Kevon Stephenson and submitted to Parliament for tabling in 2024. Nine rulings from the IC’s Director of Corruption Prosecution Keisha Prince-Kameka also accompanied the reports.

Except for two concerning Holness and his business partner Norman Brown, chairman of the Urban Development Corporation and the Housing Agency of Jamaica, and one implicating Morjorn Wallock, the former head of enforcement at the National Environment and Planning Agency, for her handling of construction breaches linked to National Water Commission (NWC) President Mark Barnett’s apartment complex, the documents went uncontested.

It was the IC’s constant clash, in defence of its work, with some Government lawmakers that dominated headlines and national discussions, making it The Gleaner’s 2024 Newsmaker of the Year.

Business executive and retired attorney-at-law Howard Mitchell believes that the IC has lost the public relations “war” with members of parliament.

Mitchell said the IC, to the best of his knowledge and subject to the court action that is going on now, has acted within its rights and its bounds and has done its job.

“Now, it may have done its job with some errors in terms of zeal and some enthusiasm, but of the 11 pieces of legislation to combat corruption that we have passed over the years, this particular construction of the Integrity Commission Act is the only one that has actually delivered some people in the courts, put reports before the Parliament that appear to have substance, and have people filling out forms or making declarations and trying to live up to the rules. So, I certainly don’t think it’s lost its way. I think our country may have lost its way,” Mitchell told The Sunday Gleaner.

IC has been holding its own

He contended that the IC has been holding its own and has exhibited defiance, though noting that it has done so in a way it shouldn’t have.

For Mitchell, the commission ought to be more “judicial” and not necessarily “judicious”.

He suggested that the commission should move in silence, not entertaining consistent public commentary and speaking only within the four corners of the reports it submits to Parliament.

The commission has been heavily criticised over its handling of the reports concerning Holness largely by government legislators and supporters of the ruling Jamaica Labour Party.

Retired Justice Seymour Panton, chairman of the IC, has had to rebuff claims levelled against the commission by some parliamentarians that the anti-corruption body operates with malice or partisanship. Panton tackled the accusations head on during an appearance before the Integrity Commission Oversight Committee. He asserted that the claims were untrue and that the commissioners are committed to impartiality. He noted that malice is not part of his character, referencing his longstanding role as a lay preacher in the Methodist Church.

“The fact that we are talking about the IC means we are also talking about the state of corruption and my reading is that as a nation, we are not clear what we want to make of corruption,” Dr Maziki Thame, political scientist at The University of the West Indies (UWI), Mona, has concluded.

Thame said given the nature of power of public officials in general, the seeming tolerance of corruption within the Jamaican society and partisan interpretations of reality, the IC’s job will be a difficult and unpopular one. She said the scrutiny of the IC’s actions last year was, therefore, expected.

The senior lecturer said for politics to work in the interest of the broad public, and to achieve collective well-being with the limited resources the country has, it is important to have strong institutions that prevent abuse of power by those who have it and ensure our resources are used democratically.

“It means institutions like the IC need to be powerful enough to do their work. In our democracy, I am less worried about overreach of the IC than I am about executive overreach. This is specifically because it is easier to hold the IC to account than our politicians, and that is the context in which to see the court’s granting of leave to apply for judicial review to the PM,” said Thame.

She said it shows that governance arrangements can balance the power of state institutions. In the same breath, she noted that in a small society like Jamaica’s, the more difficult task might be limiting the power of individuals who have access to it.

“Ideally, prime ministers should have no more privileges than people at the bottom of the society but that is not how power is exercised generally,” she said.

Holness’s financial affairs

Holness last year accused the commission of targeting him following the tabling of a second report which implicated a company he was linked to in a building breach regulation. Before that, Holness challenged the IC’s investigation report into his financial affairs, applying to the Supreme Court for several legal remedies. Holness noted claims of unlawfulness, asserting that report, released on September 17, is unlawful, unfair, and based on an unconstitutional law. He argued that the report was intended to embarrass him and impute criminal and unethical conduct.

Attorney-at-law, radio talk show host and former Cabinet minister Clive Mullings, in assessing the IC’s operations last year, noted that allegations of corruption are in many instances easy to make and difficult to prove unless there is a smoking gun.

“It, therefore, behoves the IC, in conducting its investigations, to be precise and to act within the dictates and confines of its statutory powers. I do not, for one moment, question the integrity of its members, some of whom I have known personally over many years. However, I believe that in its quest to carry out its mandate, the IC may have strayed beyond its remit, possibly in order to have a chilling effect on those who are inclined to do corrupt things,” said Mullings.

Mullings, the former member of parliament for St James West Central, recalled an IC investigation report released in 2023, concerning conflict-of-interest allegations involving Westcon Construction and Holness when he was minister of education.

Mullings said that report precipitated a discussion and adverse comment before a ruling which came days later that there was no finding requiring the prosecution of Holness.

This resulted in adverse comments being made against the commission.

Mullings said the ruling should have accompanied the report, preventing the angst and pillorying of the IC.

Further, Mullings said allowing the tabling of the 2024 report, which is an investigation into concerns Holness owned assets disproportionate to his lawful earnings, then referring the matter to the Financial Investigations Division may be viewed as a trailing leg designed to trip up the PM and raise issues of fairness.

“This perception would be regrettable as the fight against corruption is too important and the IC must guard itself against possible own goals. Having said that, I believe the IC is well-meaning and the commissioners are of unquestioned integrity,” said Mullings.

He said Panton’s “tongue-in-cheek” comments at the meeting of the oversight committee did not help.

Mullings said while many, including him, appreciated the humour, there are many who saw it as animus.

“I do not believe the IC has lost its way, but [it] should do a better job of keeping bat and pad together,” he said.

Meanwhile, Mitchell, though not identifying by name, said he believes one or two of the IC’s executives may have stepped out of line. This, he noted, has not helped the general profile of the commission.

“I haven’t really seen any criticism of the commission coming from any serious quarter that I would have respect for. I’ve seen and heard people making all kinds of statements and speaking from imagined heights of royalty as if nobody should question them, but I don’t take those criticisms as anything other than a strategy to undermine and denigrate the idea that anti-corruption activity is critical to the progress of any modern-day society,” said Mitchell.

“I find it very ironic that members of the same Parliament that created the legislation, amended the legislation, and hired the people are now complaining about the people. Because why? The people investigate them? Now, if they are saying the people acted overzealously, I would like to see examples of that. If they are saying that the people overstepped their powers, there is a forum for that, and that is going to be determined, and let us await the outcome.

“But, in the meantime, don’t complain because a policeman stopped you for breaking a traffic light. That is what he is there to do,” said Mitchell.

The National Integrity Action (NIA) noted that operations by the commission and the response and rejection from some government parliamentarians cumulatively sowed doubt about the commission, leading to much public debate about its credibility.

NIA Executive Director Danielle Archer said while the commissioners’ collective conservative approach has, to some extent, had unintended consequences for the organisation and its mission, credit is given to them for guiding a new organisation through its birth and infancy, acknowledging that teething pains are inevitable.

Archer said though an entity like the Integrity Commission is necessary if Jamaica is serious about combating corruption, the Government has indicated its intention to neuter it.

“The fact that the contract of several commissioners will expire within the next six months allows them to replace them. Doing so will further affect the entity’s credibility, as those who are so placed will be deemed political actors. Instead, National Integrity Action strongly suggests the renewal of the contracts with staggered terms. This approach will ensure a smooth transition and retain institutional memory when they eventually leave,” said Archer.

At the same time, she said that in light of the initial years of experience, NIA further recommends that the commission conducts a thorough review of its internal procedures to ensure that maintaining separate directorates enhances rather than impairs effective operations.

“They should also examine how they engage the media and, by extension, the public,” she said.

For Damion Gordon, a lecturer in the Department of Government UWI, it is “regrettable” that the IC faces public attacks from politicians aligned with the ruling party.

He said while democratic institutions are not above constructive criticism, they must be respected.

“Targeting anti-corruption bodies is concerning. This is how I feel about President-elect Trump’s attacks on US institutions investigating him. The truth is that the IC operates in a politically hostile climate. Jamaica’s partisan culture often prioritises party loyalty over good governance. Attacks on the IC largely come from pro-government groups, even though most Jamaicans support its mission, given strong public perceptions of corruption.

“In my own view, the IC is indispensable and should be strengthened. Its commissioners are esteemed professionals of unblemished character. Meanwhile, politicians, especially those in the executive, lack public trust. Investigations by the IC and similar bodies such as MOCA (Major Organised Crime and Anti-Corruption Agency) are celebrated – except, it seems, when they involve the prime minister,” he said.

kimone,francis@gleanerjm.com