By-election breach

Time has run out for the announcement of a by-election for the Morant Bay division of the St Thomas Municipal Corporation, meaning there has been a breach of the 90-day extension received through Parliament in July.

The extension, which The Gleaner understands was made possible by the gazetting of a legislative amendment on August 15, would have allowed the by-election to be held, by the latest, November 13, which can no longer occur while accounting for the minimum 21 days required between an announcement and election day.

A vacancy was created after sitting Councillor Rohan Bryan died in May.

During the July 23 sitting of the House of Representatives, the Government used its majority to push through an amendment of the Representation of the People Act (ROPA), which came to the Lower House during its last sitting before the summer recess.

The amendment provided the opportunity for a three-month – 90-day – extension.

No consultation with EOJ

If the amendment had been gazetted immediately after being approved, the extension should have run from August 7 to November 5, after the conclusion of the 90-day period between May 9 – when Bryan’s death was entered into the minutes of the municipal corporation meeting – and August 7, when the by-election should have been held under the existing law.

Section 4(5)(a) and (b) indicate that this must be within three months after the vacancy has been entered into the minutes of the municipal corporation 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.

On Saturday, Glasspole Brown, Jamaica’s chief electoral officer, said no consultation had taken place with the Electoral Office of Jamaica (EOJ), and by extension, himself. However, he offered “no comment” when asked if the EOJ has any say in the matter and whose responsibility it is to advise the Electoral Commission of Jamaica if there is a breach.

Bryan, who ran on a People’s National Party (PNP) ticket and who was serving his second term, died on May 1 after battling a heart condition.

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 (director of elections).

The Government’s actions in this matter are being closely watched by the PNP.

The party’s general secretary, Dr Dayton Campbell, said on Friday that the Government was in breach.

“I believe the mayor is the one to make the announcement of the by-election. The minister makes the announcement of the local government elections (LGE). Our position is that the people should be represented, and we did not support the extension in the first place, but we could understand because of Hurricane Beryl. But there is no reason for a further postponement,” argued Campbell on Saturday.

According to him, the Government is unmindful of many deadlines and is often reminded by the media of important dates.

“You have an important matter like this. Remember, the next LGE will not be held until 2028, so how long are you going to keep the people without a representative? I cannot fathom any good reason that could be given for a further postponement of the by-election. It is unacceptable and will not be supported by us,” he stated.

Efforts to reach Morant Bay Mayor Louis Chin were unsuccessful, and The Gleaner was also unable to contact JLP General Secretary Dr Horace Chang or Local Government Minister Desmond McKenzie. The party is currently conducting conferences in keeping with administrative requirements ahead of its annual conference in November.

According to Campbell, if the Government seeks a further extension, it must call by-elections in the Aenon Town division and the St Andrew North West constituency in addition to Morant Bay. The constituency of Trelawny Southern has also been without a representative for a year since the resignation of Marisa Dalrymple Philibert, who won four consecutive elections there for the ruling Jamaica Labour Party (JLP).

It has been suggested that by-elections will be held after the JLP’s annual conference, which will be held on Sunday, November 24.

At the time of the ROPA amendment, Phillip Paulwell, leader of opposition business in the House, noted the Opposition’s strong objection to the bill and the manner in which, he said, it was brought to Parliament. Paulwell argued that the Government broke the law by not announcing a date for the by-election and had, instead, sought to rush through the bill ahead of Parliament’s recess.

However, Edmund Bartlett, the leader of government business, said: “…The Government of Jamaica has been proactive and responsive in the face of adversity, and to that end, the Cabinet has granted its approval of this bill to be tabled here today.”

Hurricane Beryl impacted Jamaica on July 3, devastating much of the country’s south coast.

The proposed extension is for a time not exceeding 90 days, or three months, unless under the condition that the country goes to war; a state of emergency is declared; there is the occurrence of a natural disaster to include an earthquake, hurricane, flood, fire, outbreak of pestilence, or outbreak of infectious disease; the official lists for all constituencies are not printed for election day; or there is riot, open violence, or other civil disturbance that results in the interruption, obstruction, or abandonment of the electoral process as to prejudice the holding of a fair election.

The governing JLP holds six of the 10 divisions in St Thomas and the PNP held four until Bryan’s death created the vacancy. Nearly 11,000 persons were eligible to vote. However, the number of electors may have increased following the May 31 voters’ list, facilitated by continuous registration and produced twice yearly in May and November.

In February, 10,923 registered electors were registered in the division, but only 3,377 of them cast ballots in the February polls.

erica.virtue@gleanerjm.com