CAFFE condemns “unfair manipulation” of the electoral process

CITIZENS Action for Free and Fair Elections (CAFFE) has expressed dissatisfaction with the way prime ministers have misused their powers to set dates for parliamentary and local government by-elections, and has suggested an amendment to the law to prevent “unfair manipulation” of the process.

“There is no constitutional principle or justifiable basis to grant the prime minister unchecked power to delay filling such vacancies indefinitely,” the voluntary civic organisation said in a press release on Monday.

“CAFFE believes that the holding of by-elections for vacancies that may arise among elected members of parliament and municipal corporations should take place within a specified period from the time the vacancy occurs and, if necessary, the constitution should be amended to accommodate this need,” the group added.

Last Wednesday, a day after Marsha Smith resigned as Member of Parliament for St Ann North Eastern, Prime Minister Andrew Holness used a post-Cabinet press conference at Jamaica House to announce that Matthew Samuda had resigned from the Upper House and the Cabinet where he served as Minister without Portfolio in the Ministry of Economic Growth and Job Creation.

Samuda’s resignation, which Holness said was submitted on Monday, clears the way for him to contest a by-election for the Lower House seat, which is scheduled for September 30, with nomination day set for Wednesday, September 11.

In response, Opposition Leader Mark Golding said his People’s National Party (PNP) is currently preparing for another general election to enable Jamaicans to vote in a new government, and as such will not be running in a by-election at this late stage in the run-up to the general election scheduled for September 2025.

“The People’s National Party remains steadfast in our mission to protect and strengthen democracy in Jamaica. We will not enter into any process that seeks to undermine the very principles we hold dear. Instead, we will focus on ensuring that every Jamaican has a voice and every constituency is treated with the fairness and respect it deserves,” Golding said.

Pointing to the Trelawny Southern constituency, which has been without a representative in Parliament for a year, Golding said: “It is striking and unprecedented that this by-election has been called less than 24 hours after an MP resigned.”

Golding added: “The Prime Minister has clearly called this by-election, which is a slap in the face for the voters of Southern Trelawny who have had no parliamentary representative for a whole year – a quarter of the term of this House of Representatives. It is also a slap in the face for the residents of Morant Bay, whose right to elect a councillor within 90 days of a vacancy has been curtailed by the Holness administration through an amendment to the Representation of the People Act, a by-election which should, by law, be held now.”

On Monday, CAFFE drew attention to the vacancies in the Trelawny Southern and Morant Bay Divisions of the St Thomas Municipal Corporation, stating that they were not mentioned when Holness called the by-election in the St Ann North Eastern constituency.

“This is a clear manipulation of the electoral process in the interests of the ruling party rather than in defense of democratic principles,” CAFFE said.

“The right to representation is a fundamental right of citizens and a cornerstone of democracy. It should not be perceived as politically manipulated or threatened,” the group added.

The communique stated that if the suggestion to change the law to allow a by-election to be called within a specified period from the moment a vacancy occurs is accepted, “the Jamaican Electoral Commission should be the entity setting the dates, thus removing that responsibility from the political head of government and with it any possibility of its improper or unprincipled manipulation.”

The group also called on the Prime Minister to call by-elections in the ridings of Trelawny Southern and Morant Bay.

Last Wednesday, Holness, responding to a question from reporters, said by-elections in both constituencies, as well as in the St Andrew North Western constituency, which will become vacant when Finance Minister Dr Nigel Clarke takes up a new position at the International Monetary Fund in October, would be held “within months”.