Swaby disappointed Seivwright Gardens by-election not held on September 3, but says law must be followed

Mayor of Kingston Andrew Swaby has expressed disappointment that the by-election for the Seivwright Gardens division was not held on the same day as the September 3 General Election, citing the added financial burden to taxpayers.

By-elections had been announced for September 3 in the Seivwright Gardens, Chancery Hall, Olympic Gardens and Denham Town divisions. However, the election did not go ahead in the Seivwright Gardens division after Swaby cited legal issues.

“I would have wanted the by-elections to be held on the same day as the general elections. This would have reduced costs and saved resources. However, the law is clear and must take precedence. We are a country of laws, and we must respect that,” the mayor stated during today’s Kingston and St Andrew Municipal Corporation (KSAMC) sitting.

“Councillors, the strength of local government depends on us respecting the law at all times. By following the process step by step, we protect the integrity of this council and preserve public trust in the work we do,” he added.

His remarks followed the formal acceptance of the resignations of councillors Delroy Williams (Seivwright Gardens) and Dennis Gordon (Trafalgar Division), both of whom were elected to Parliament in the recent general election. Williams has been elected the member of parliament for Clarendon Central, and while Gordon will represent St Andrew East Central.

The resignations, submitted in writing on August 11, were today officially recorded in the council’s minutes, as required under the Local Governance Act.

Mayor Swaby confirmed that he has since taken the legally mandated steps to initiate the by-election process, including publishing the resignation notices in The Gleaner.

Before their farewell, Swaby sought to address concerns raised about the resignation and by-election process after Prime Minister Andrew Holness announced Seivwright Gardens as one of four divisions where by-elections would be held simultaneously with the general election.

According to the Local Governance Act, the chair of the municipal council (in this case, Mayor Swaby) must receive the councillor’s resignation, publish a notice in a daily newspaper, and direct the by-election date in consultation with the Chief Electoral Officer, with formal notice published in the Jamaica Gazette.

Following the Prime Minister’s announcement, Swaby, through attorneys, challenged the legality of the Seivwright Gardens by-election process, requesting that the process be halted as the proper procedures were not followed.

Swaby’s attorneys argued that he did not receive official notice of Williams’ resignation until August 11, making the September 3 by-election announcement premature and legally questionable.

The prime minister later announced the by-election in that division would not proceed on the announced date.

- Tanesha Mundle

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