ECJ urges three municipal corporations to act on councillor vacancies

In correspondence dispatched to the mayors of Kingston, Morant Bay, and Savanna-la-Mar, the ECJ confirmed its preparedness to conduct by-elections for the affected electoral divisions, pending formal direction from the local authorities.

The vacancies are currently within the jurisdiction of the Kingston and St. Andrew Municipal Corporation, the St. Thomas Municipal Corporation, and the Westmoreland Municipal Corporation.

According to the ECJ, the Representation of the People Act mandates that a by-election must be held within a specific window following a vacancy. Citing paragraph 4(5) of the eighth schedule of the act, the commission noted that the by-election must occur on a day directed by the chairperson of the corporation — typically the mayor — in consultation with the chief electoral officer.

The law stipulates that this date must be the earlier of either three months after the vacancy is formally entered in the council’s minutes, or three months after two electors from the division provide written notice of the vacancy to the chairperson.

With the clock ticking on these constitutional requirements, the ECJ stated that it is standing by to execute its role in the electoral process. The commission emphasized that the next step now rests with the local authorities to trigger the process by issuing the necessary orders, which must be published in the Gazette.

The ECJ has not yet commented on the specific electoral divisions affected or the reasons for the delays, but reiterated its readiness to facilitate the votes once the mayors issue the required directives.