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400
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554
St. Ann Municipal Corporation Office of the Contractor General November 2017
contract to say the work has been
done to my satisfaction and he submits
it up to the higher level.”
172
Based upon the above table which outlines the affiliation and associations of the mentioned contractors
with the People’s National Party, the OCG deems it prudent to underscore the concepts of ‘favouritism’
and ‘cronyism’. Cronyism is defined as “…
the practice of giving jobs and other advantages to friends,
especially in politics.”
173
It has also been defined as “
the appointment of friends and associates to
positions of authority, without proper regard to their qualifications.
”
174
Transparency International also
defines cronyism as
“…a form of favouritism whereby someone in public office exploits his or her power
and authority to provide a job or favour to a family member (nepotism), friend or associate (cronyism),
even though he or she may not be qualified or deserving
”
175
Favouritism is defined as a “
preference or
selection, usu. invidious, based on factors other than merit.
”
176
The OCG is cognizant of the fact that cronyism is not a statutory offence under Jamaican law or a specific
common law offence. However, as the instant case surrounds concerns of cronyism and favouritism in the
selection and recommendation of contractors by the Office of the Member of Parliament, South East, St.
Ann, one could argue that it gives rise to consideration of the applicability of the offence of misconduct in
public office. Interestingly, there are several unethical acts which arguably fall within the scope of the
offence of misconduct in public office. As outlined in the Encyclopedia of Public Administration and
Public Policy, “
a number of integrity violations and forms of public misconduct can be distinguished:
corruption including bribing, nepotism, cronyism and patronage…”
177
172
Transcript of Hearing involving Mr. Alfred Graham which was dated June 1, 2017 Pgs. 32-33.
173
Macmillan Dictionary, accessed on November 9, 2017. Accessed at:
http://www.macmillandictionary.com/dictionary/british/cronyism174
Oxford Dictionaries, accessed on November 9, 2017. Accessed at
: https://en.oxforddictionaries.com/definition/cronyism175
Transparency International, 2016, CORRUPTION LAWS A non-lawyers’ guide to laws and offences in the UK relating to
corrupt behaviour
176
Black’s Law Dictionary. 9
th
Edition. 2006.
177
Jack Rabin (2003, .ed.), Encyclopedia of Public Administration and Public Policy, Volume One.