PNP stands firm on Swaby’s right to call Seivwright Gardens by-election
by Kimone Francis/Senior Staff Reporter · The GleanerChairman of the People’s National Party (PNP) Dr Angela Brown Burke is warning that the Opposition is prepared to take the Government to court if it fails to walk back its announcement of a by-election in Seivwright Gardens and follow the law.
According to Brown Burke, who was speaking at the PNP’s Kingston and St Andrew Parish Rally in Cross Roads on Saturday, Prime Minister Dr Andrew Holness and Local Government Minister Desmond McKenzie had no authority to announce a date for the election.
“So, when them talk ‘bout Seivwright division and election, I want you send a message tonight and I want you to tell them that, before an election can call in Seivwright division, come talk to His Worship Councillor Andrew Swaby,” said Brown Burke.
Attorneys for Swaby, the mayor of Kingston, wrote to Director of Elections Glasspole Brown on August 12, telling him to halt making any arrangements for the by-election until he consults with their client.
The instruction came after Holness and McKenzie, on August 10, announced that by-elections in four local government divisions in the Kingston and St Andrew Municipal Corporation (KSAMC) will be held on September 3, in tandem with the general election.
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Nominations for those elections are to take place today.
Swaby argued that he did not receive the official notice of resignation from Delroy Williams, the councillor for the Seivwright Gardens Division, until August 11, 2025.
Swaby said, having received Williams’ letter, he has not had the opportunity to consult with Brown on an appropriate date for the scheduling of the by-election.
He said no date has been set and, consequently, he has not been able to publish in the Gazette the date of the by-election, in accordance with the Local Governance Act.
Under Section 56 of the act, “a by-election to supply a vacancy in any electoral division within the area of jurisdiction of a municipal corporation (whether or not the electoral division also lies within the area of jurisdiction of a city municipality) shall be held on such day as the chairperson of the municipal corporation shall direct by order published in the Gazette after consultation with the chief electoral officer, being the earlier of — (a) a day within three months after the vacancy has been entered in the minutes of the council; or (b) 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”.
A notice was posted to the KSAMC’s social media page three days ago, announcing the resignation of both Williams and Dennis Gordon, the councillor for the Maxfield Park Division.
It is not clear if Swaby and Brown have consulted but, last week, an official from the Electoral Commission said it would proceed with preparations for the by-election until legally advised otherwise.
However, Brown Burke said the by-election cannot be held until the two meet and Swaby confirms a date.
“And, if we ‘affi carry them go court over this one ya, our record has been good, stellar, seven out of seven. So, we nuh ‘fraid fi carry them one more time,” she said.