By-election blunder
Kingston mayor demands halt to poll plans amid questions around procedure for announcing Seivwright Gardens vote
Published:Thursday | August 14, 2025 | 12:12 AMKimone Francis/Senior Staff Reporter
Attorneys for Mayor of Kingston Andrew Swaby have written to Director of Elections Glasspole Brown, telling him to halt making any arrangements for a by-election in the Seivwright Gardens Division until he consults with their client.
In a letter dated August 12, Swaby’s attorneys at Luke Phillips & Co said the proper procedure for scheduling the by-election was not followed.
“ As you are aware, before a by-election can be held, the chairman of the municipal council must first receive the notice of the resignation from the councillor and cause a notice of resignation to be published in a daily newspaper. Furthermore, according to the Local Governance Act, a by-election to fill a vacancy on the council is to be set 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,” a section of the letter seen by The Gleaner said.
Prime Minister Dr Andrew Holness and Minister of Local Government Desmond McKenzie on Sunday 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.
The divisions are Chancery Hall, Olympic Gardens, Seivwright Gardens, and Denham Town.
However, Swaby, through his attorneys, contended that he did not receive the official notice of resignation from Delroy Williams, the councillor for the Seivwright Gardens Division, until August 11, 2025.
Williams’ resignation letter, seen by The Gleaner, is dated August 8. He is expected to contest the Clarendon Central seat in the September 3 general election for the governing Jamaica Labour Party (JLP).
His resignation means that Holness is without a JLP-affiliated councillor in his St Andrew West Central constituency following the November 2024 death of councillor for the Olympic Gardens Division, Christopher Townsend.
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 consequentl,y 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”.
Swaby said the act grants McKenzie the power to set the nomination day.
Further, he said the nomination day to be set must be done with reference to the election day, being “ a day appointed by the minister, by notice in the Gazette, not being more than 23 nor less than 16 days next before election day”.
“ We ask that the Electoral Commission of Jamaica (ECJ) not make any arrangements for a by-election in the Seivwright Gardens Division without prior consultation with the mayor of Kingston and that the commission ensures that any by-election is conducted in a manner that conforms with the legislation with respect to the scheduling and polling of a by-election in the local government,” the letter stated.
However, an official at the ECJ, who The Gleaner contacted, said “preparations for the by-election will continue until the commission is so legally advised not to”. The official asked not to be identified due to their not being authorised to comment on the issue.
The attorneys, in a similar letter to McKenzie, which was seen by The Gleaner, said both he and Holness were “premature” in their announcement of the by-election and that the two “encroached” on Swaby’s lawful duty.
In the August 12-dated letter to McKenzie, Swaby’s attorneys outlined concerns that both he and the prime minister sidestepped the processes outlined in the act.
“ As a former councillor of the KSAMC for approximately 28 years, nine of which you served as mayor, you are intimately familiar with the statutory framework and established protocols governing the calling of by-elections.
“ In this regard, we must respectfully say that your announcement, jointly with the prime minister, of the election and nomination day for the Seivwright Gardens Division was premature and encroaches upon the statutory functions vested in the office of the mayor by the Local Governance Act,” a section of the letter stated.
“ We trust, therefore, that this matter will receive your urgent and careful reconsideration, with a view to ensuring that all electoral processes within the KSAMC proceed strictly in accordance with the governing statutes and constitutional provisions,” it added.