Calling of by-elections: Review and amendment needed
We share the dissatisfaction expressed by Citizens Action for Free and Fair Elections (CAFFE) with the manner in which prime ministers have, from time to time, called by-elections to fill vacancies at the parliamentary and local government levels.
Quite correctly CAFFE has described this practice as a mishandling of power, “a clear manipulation of the electoral process in the interests of the governing party rather than upholding the principles of democracy”.
It is, as we have pointed out, not new. And, while we recognise that our current system of governance accords to the chief executive the prerogative of naming the date for elections, we submit that there is now need for a review and amendment.
In the current case, Prime Minister Andrew Holness, on Wednesday, September 4, 2024, announced a by-election for St Ann North Eastern, a day after Ms Marsh Smith resigned as the parliamentary representative for the constituency.
Mr Holness told the country that Mr Matthew Samuda, his minister without portfolio in the Ministry of Economic Growth and Job Creation, had resigned from the Upper House and the Cabinet on September 2, 2024, and would contest the by-election, set for September 30, to fill the newly created vacancy.
Had that been the only vacancy in the House no one, we expect, would have had a problem with the speed at which the prime minister sought to fill it. However, as CAFFE and other commentators have pointed out, a vacancy has existed in Trelawny Southern since the resignation of Mrs Marisa Dalrymple-Philibert in September last year.
Additionally, there has been a vacancy in the Morant Bay Division in the St Thomas Municipal Corporation since the death of Councillor Rohan Bryan on May 1 this year.
That the residents of both constituencies have been left without political representation to this day is unacceptable.
Indeed, as CAFFE has correctly pointed out: “The right to representation is a fundamental right of citizens and the foundation of democracy.” As such, it should not be seen to be politically manipulated or compromised.
CAFFE, we note, did not place a timeline on its suggestion that by-elections — created by vacancies that may arise among the elected Members of Parliament and municipal corporations — should be held within a prescribed period from the time the vacancy arises.
We propose that when such vacancies arise, the process of a remedy should begin within three months, and that the by-election to fill the vacancy be held within another three months. That, therefore, would ensure that no seats remain vacant for more than six months.
Of course, in relation to the Parliament, in cases where a vacancy arises near to the term of the legislature, it would make no sense at all going to the electorate before the general election.
We note as well CAFFE’s suggestion that if the law is changed for by-elections to be called within a prescribed period from the time the vacancy arises, the Electoral Commission of Jamaica should be the entity that sets the date, thus removing this responsibility from the political head of the Government to avoid “unprincipled manipulation”.
It’s a suggestion with which we agree and which we believe Jamaicans should embrace.