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Following the law
Columns, Opinion
Andrew Swaby  
September 24, 2024

Following the law

When one is catapulted into a position of public service, entrusted with the stewardship of the people’s affairs, there are certain principles and values that must remain uncompromising. Transparency, integrity, and accountability — hallmarks of good governance — should be at the core of every decision taken, to protect the common good and safeguard public trust.

While we usually hold these expectations of central government, municipal corporations and the broader local government system are equally bound by the responsibility to uphold these fundamental principles. After all, good governance should be at every level, and the same unwavering commitment to ethical leadership must guide even the smallest units of public Administration.

 

Absent Local Public Accounts Committee

This was the vision behind the Local Governance Act 2016, which enshrined into law, in Section 38 (5), the obligation of municipal corporations to establish a Local Public Accounts Committee (LPAC). Further, Section 38 (7) of the same legislation outlines that the LPAC “shall review the performance of the Local Authority to determine whether accountability, transparency, and ethical standards are being observed”, among other responsibilities.

However, at the Kingston and St Andrew Municipal Corporation (KSAMC) this legal obligation has gone unmet. The KSAMC has not had an active LPAC for the last seven years. Upon assuming the chairmanship of the council, I made it clear from day one that good governance would be the standard practice under my Administration.

In this regard, I took immediate steps to ensure that all necessary committees, prescribed by the Local Governance Act, were established. But to date, and much to my dissatisfaction, the LPAC has not been configured. Why is this the case?

 

No LPAC without Parish Development Committees

Section 38 (6) of the Local Governance Act specifies that for the LPAC’s membership, “the non-council members shall be appointed from among persons nominated by the Parish Development Committee, for the parish concerned, after consultation by that Committee with community groups and civil society organizations within the geographical area concerned and registered under the Jamaica Social Welfare Commission Act”.

Parish Development Committees (PDCs) serve as a collaborative umbrella structure uniting community-based organisations, interest groups, and agencies within a parish. They work in partnership with municipal corporations to promote good governance and address community challenges.

It is crucial to note that there has been no PDC in the Kingston and St Andrew geographical area since 2017. This absence is the primary impediment preventing me from establishing ann LPAC for the KSAMC.

Surely, I could have proceeded with creating an LPAC consisting solely of council members. But this would only amount to a committee of individuals overseeing themselves — essentially a case of the fox guarding the henhouse. Such an arrangement would hardly inspire confidence or reinforce public trust.

The true value of the LPAC lies in its ability to offer independent oversight. Without the non-council members nominated by the PDC, its effectiveness and credibility would be compromised.

 

Source of the Problem

The Government of Jamaica’s Ministry Paper No 8/93 on Local Government Reform outlines that the Social Development Commission (SDC) is tasked with establishing PDCs within each local authority’s jurisdiction.

Yet, despite this mandate, the SDC has seemingly missed the mark in fulfilling this responsibility. Whatever the reason for this lapse, I highly doubt it is owing to a lack of appreciation of the PDCs’ importance. After all, it was one of the SDC’s own governance division directors who proudly declared, “The PDCs give the common man an opportunity to represent their views at the municipal corporation…” — unless, of course, by “opportunity” they meant in theory only.

 

Interim Advisory Committee

In light of the absence of a PDC to facilitate the formation of the LPAC, I have put forward the creation of an Advisory Committee for the KSAMC. This should not be dismissed as an attempt to reinvent the wheel. It is a steadfast commitment to those uncompromising principles I spoke of — transparency, integrity, and accountability.

For I could have simply placed the blame for the lack of an LPAC on the SDC and proceeded without concern for an independent group to oversee the KSAMC’s operations. However, such an approach would fall short of the standards of good governance we strive to uphold.

This Advisory Committee will take on the responsibilities originally intended for the LPAC, including identifying and implementing mechanisms to promote accountability, openness, and transparency within the KSAMC, while also overseeing its financial management and operations.

This proposed initiative is consistent with Sections 12, 13, and 14 of the Local Governance Act, 2016, which establishes the framework for advisory committees in each city municipality. Section 12 sets forth the establishment of such committees, while Section 13 outlines their composition, specifying that representatives from civil society, the private sector, and community-based organisations within the municipality shall serve on the committee, as determined by the council. Notably, there is no requirement for members to be nominated by the Parish Development Committee.

The proposed Advisory Committee for the KSAMC will ensure that the concerns of citizens and stakeholders are properly represented and addressed promptly and effectively. It will also serve as a critical platform for citizens and stakeholders to engage actively in the municipality’s development, fostering greater participation and enhancing the democratic process at the local level.

This move will represent a new paradigm within the KSAMC and is consistent with this Administration’s thrust towards being proactive in the discharge of our responsibilities to the people.

 

Andrew Swaby is the mayor of Kingston and chairman of the Kingston and St Andrew Municipal Corporation.

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