Editorial | No opportunism at KSAMC

It is now beyond doubt that the Government was premature in announcing a by-election for the Seivright division in the capital’s municipal government.

Delroy Williams, the deputy chairman of the Kingston and St Andrew Municipal Corporation (KSAMC), resigned too late for all the processes to be completed in time for his successor to be nominated on Monday for the September 3 by-election, when three KSAMC vacancies will be filled. National parliamentary elections will be held the same day.

However, The Gleaner does not expect the People’s National Party (PNP) – which has leadership of the tied council as a result of winning the popular vote in the 2024 municipal election – to exploit the hiatus created by Mr Williams’ resignation to wrest deputy chairmanship of the municipality from the Jamaica Labour Party (JLP) – and, with it, an influential position on the council.

Such a move would be within the letter of the law, but not, in our view, in the spirit of democratic governance and good moral behaviour. We would, therefore, turn our face hard against such an act.

With respect to the three KSAMC by-elections (for the Chancery Hall, Olympic Gardens, Denham Town divisions, which were held by the JLP and which it is expected to retain) the exercise will hopefully give credence to our suggestion that the national and municipal elections be held at the same time. Or at least a substantial chunk of the latter. It would save taxpayers’ money.

MESSY AFFAIR

The process for accomplishing this isn’t beyond Jamaica’s creative minds.

Usually, when sitting members of municipal councils run for membership of national Parliament, they resign after the general election or constituency by-election. That way, if they are unsuccessful, they just go back to their parish-level positions.

However, there were three vacancies on the KSAMC council to which this situation didn’t apply. So, in May, Andrew Swaby, the KSAMC’s chairman, suggested to the local government minister, Desmond McKenzie, that, with parliamentary elections imminent, the by-elections for the local divisions should be held at the same time.

When Prime Minister Dr Andrew Holness announced the date of the general election 11 days ago, he said four local government ones would take place simultaneously, lumping in the one for Seivright Gardens in his Central St Andrew constituency. Which, on its face, was sensible.

The problem is that, in situations of resignations, the Local Governance Act authorises chairmen of municipal councils to set by-elections on “a day within three months after the vacancy has been entered into the minutes of the council”. But, before the date-setting, a council’s chairman has to inform the minister and the electoral authorities “forthwith” of the resignation and, within seven days, cause it to be advertised in local newspapers.

In Mr Williams’ case, he resigned on the Friday before Prime Minister Holness’ announcement of the election date on Sunday – a week before nominations. Mr Williams’ resignation letter went initially to the CEO of the corporation, at a time when the KSAMC was on summer recess.

Municipal councils generally meet monthly, which raises questions about the timing of Mr Williams’ resignation “being entered into the minutes of the council” for a by-election to be held. Although, presumably, Mr Swaby could have called the council into an emergency session to deal with the matter.

The whole affair was, to say the least, messy. Obviously, people on the JLP’s side, which holds the national government, weren’t watching the ball.

Happily for the party, this cock-up won’t too seriously affect the balance of power at the KSAMC, except if the PNP plays fast to limit the JLP’s voice and influence in the corporation. Neither is it likely to impact Mr Williams personally. The Clarendon Central constituency he will contest is considered a JLP safe seat.

LAW SHOULD BE ADJUSTED

Mr Williams was deputy chairman of the KSAMC council and, therefore, deputy mayor of Kingston because, under the law, when two parties have the same number of seats in a local government council, the one that won the popular vote gets the chairmanship. The opposing side is the deputy.

But this arrangement completely falls away if the deputy chairman resigns or is disqualified from the post.

Section 19 (4) of the Local Governance Act says: “ In the event of the death, succession to the office of chairperson of a municipal corporation, incapacity or disqualification for any cause, the deputy mayor of a council of a municipal corporation, the council shall elect one of their member as petty mayor.”

We believe that not only should this law be adjusted, but that it shouldn’t be applied in this case. Nothing that is likely to happen on September 3 will upset the parity established at the time of the municipal general election. Moreover, earlier this year when the PNP won in a by-election a divisional seat in the Clarendon council, to create a tie between the parties, it sought to wrest the chairmanship from the JLP, claiming that it now had the popular vote. The weight of legal opinion was that the manner and timing of the popular vote in favour of the PNP didn’t upset the authority of the general poll.

We agreed then, and do now.