MAYOR of Kingston Andrew Swaby has sought to clarify his position not to sanction a by-election in the Seivwright Gardens Division at the same time as the recent general election.

In announcing the date for the 2025 General Election, Prime Minister Dr Andrew Holness also announced four by-elections to fill vacancies in the Kingston and St Andrew Municipal Corporation (KSAMC) — Chancery Hall in St Andrew North Western, Olympic Gardens and Seivwright Gardens in St Andrew West Central, and Denham Town in Kingston Western.

But in an interview with the Jamaica Observer immediately after that announcement, Swaby said Holness was premature as there was no vacancy in Seivwright Gardens because the sitting councillor, deputy mayor, the Jamaica Labour Party’s (JLP) Delroy Williams, had not submitted his resignation in time for the calling of a by-election on that date.

In the first monthly meeting of the KSAMC following the general election on Tuesday, Swaby noted that there have been many discussions and, “in some cases, confusion surrounding resignations, vacancies and the calling of by-elections”.

In a clear attempt to show that his decision not to sanction the by-election was not political, Swaby (People’s National Party, Vineyard Town Division) said he wanted to play by the books and to ensure all the proper channels were being followed with regards to replacing councillors.

“It is important that we as a council place facts on record, guided by law, so that there is full understanding and confidence in the process. The purpose of my statement today is to put the matter to rest. As mayor, I have to ensure that every step taken in keeping with the Representation of the People Act and the rules that govern the proceedings at the local authority level. This is vital for the integrity of the institution and to preserve public trust in local government,” Swaby said during Tuesday’s meeting.

“The law is clear. The Local Governance Act 2016 and the Representation of the People Act together set out how resignations, vacancies and by-elections must be handled. Under Section 56 of the Local Governance Act, once a seat becomes vacant, a by-election must be held within three months. The mayor sets the date after consultation with the director of elections, and it must be published in the Gazette. Before that, certain steps must be taken.

“The mayor must receive the resolution in writing. The minister and the director of elections must be notified. A notice must be published in a daily newspaper within seven days. The resignation must be recorded in the minutes of the council. It is at the time the resignation is recorded in the minutes of the council that the three-month period officially begins,” added Swaby.

He told the meeting that he wanted the by-election to be held at the same time as the general election, to reduce costs and save resources, but, “The law is clear, and must take precedence. We are a country of law and we must respect that. Today, both resignations will be formally entered into the minutes of this September meeting.”

According to Swaby, the strength of local government depends on public servants respecting the laws at all times to protect the integrity of the KSAMC and to preserve public trust.

The mayor announced that he has now received the resignation of Williams and also councillor for the Maxfield Park Division, Dennis Gordon, who both successfully contested the recent general election.

Williams was elected on a JLP ticket as the new Member of Parliament for Clarendon Central, while Gordon was elected on a PNP ticket to represent the people of St Andrew East Central.

“Councillors, I received the resignation from Councillor Williams and Councillor Gordon on the 11th of August 2025. On the 12th, I wrote to Local Government Minister Desmond McKenzie and the director of elections, informing them. On the same day, letters were sent to both councillors accepting their resignation and thanking them for their service,” Swaby added.

He congratulated the councillors who successfully contested the by-elections — Dellon Gayle in Denham Town; Kelvin Hall in Olympic Gardens; and Phylicia Henry-Golding, Chancery Hall — who all ran on JLP tickets.

According to Swaby, the director of elections is already making preparations for them to be sworn in.

“Once those documentation is properly before us I will call a special meeting of the council and have three councillors sworn in,” declared Swaby.