Clock ticks for Morant Bay
3 months after St Thomas councillor’s death, no date set for by-election
There has been radio silence on a date for the by-election to fill the vacancy left in the Morant Bay division in St Thomas, following the death of Councillor Rohan Bryan almost three months ago.
Bryan, who ran on a People’s National Party (PNP) ticket and was serving his second term, died on May 1 after an ongoing battle with a heart condition.
The Gleaner confirmed after multiple checks, including with the St Thomas Municipal Corporation, that Bryan’s death was recorded in the minutes of the council meeting on May 9. He was buried on June 2.
Section 4(5) of the 2016 Local Governance Act states that a by-election to fill a vacancy in any electoral division must be held the day the chairperson of the municipal corporation directs by order published in the Gazette after consultation with the chief electoral officer.
Section 4(5)(a) and (b) indicate that this must be within three months after the vacancy has been entered in the minutes of the council or a day within three months after notice in writing of the occurrence of the vacancy has been given to the chairperson of the municipal corporation by two persons who were entitled to vote at the last election of a councillor for that electoral division.
The act further states that no by-election is to be held if a vacancy occurs within one year before the next general election. General election in the Local Governance Act is defined as the general election of councillors.
Jamaicans last voted in a local government election in February.
Efforts by The Gleaner to reach Mayor of Morant Bay Louis Chin, the chairperson for the St Thomas Municipal Corporation, for comment on the matter were unsuccessful. Calls and a message to his cell phone went unanswered.
Chin is reportedly off the island.
Attempts by The Gleaner to reach Minister of Local Government and Community Development Desmond McKenzie were also unsuccessful. He did not respond to telephone calls or messages.
Michael McLeod, councillor for the Dalvey division, who is the deputy mayor of Morant Bay, told The Gleaner that a meeting is to be held to determine when the overdue announcement will be made.
“At the last meeting I said to them, based on Beryl, the hurricane, it most likely… because even in the act it said if you have a disaster you can postpone. But nothing concrete, whether from the general secretary or the member of parliament, to say x or y,” said McLeod.
“I think they will be meeting soon to make a decision,” he added.
Section 11(1)(c) of the Local Governance Act states where a proclamation has been made for the holding of an election but there has been the occurrence of an earthquake, hurricane, flood, fire, outbreak of pestilence or outbreak of infectious disease or other calamity, whether similar to the foregoing or not, the governor-general may, by proclamation, adjourn the holding of the poll to some other day not being more than 30 days after the day specified by the election notice.
However, no date has been announced.
Director of Elections Glasspole Brown told The Gleaner on Monday that he has not been consulted regarding a date for the by-election – as required by law – and has not yet submitted a budget for it.
Political commentator Lloyd B. Smith stated that the absence of any communication from the mayor is a disservice to the residents of the division.
Smith, who ran successfully on a PNP ticket to become a member of parliament, noted that it is customary for a party to hesitate to announce a by-election close to a general election.
He indicated that the national polls, due by September 2025, may be announced early next year.
“Any election that is held now is going to be perceived as a referendum against or for the Government. It could send a wrong signal, for example, if the JLP (Jamaica Labour Party) should not triumph,” said Smith.
“On the other hand, if the PNP should prevail then it would suggest that the PNP is moving in on the JLP in terms of overall political support. So I think that is the backdrop to all of this,” he said.
The PNP won four divisions in the corporation in the February election, compared to the JLP’s six.
Still, Smith asserted that the mayor, in his capacity as chairperson of the municipal corporation, should act within the by-laws and regulations that govern the corporation.
“Get it over with. It is unfair to the people and especially at this time in the aftermath of Beryl when the people need to have their local representative to represent them fully and effectively. It is a disservice to the people. It also shows a lack of regard and respect for the democratic process,” he said.
However, Dr Paul Ashley has pointed to the PNP, arguing that the absence of impetus for a replacement indicates that the opposition party’s focus is on the general election.
He said that appears to be the party’s only concern at this time.