NaRRA will override KSAMC policies and regulations, says Kingston mayor
KINGSTON, Jamaica — Mayor of Kingston Andrew Swaby has raised concerns about the implications of the newly passed National Reconstruction and Resilience Authority (NaRRA) Act 2026, warning that the legislation could significantly weaken the authority of the Kingston and St Andrew Municipal Corporation (KSAMC).
Speaking during a council meeting, Swaby urged councillors to familiarise themselves with the contents of the legislation, describing its impact on local government as “significant and immediate”.
“It’s a piece of legislation that this council must take seriously and understand fully, because its implications for local government in Jamaica and for the corporation in particular are significant and immediate,” Swaby said.
Noting that the KSAMC is a statutory regulatory authority responsible for functions including planning approvals, building regulations, public health oversight and infrastructure management, Swaby argued that provisions within the NaRRA Act fundamentally change the relationship between local authorities and central government, particularly in how regulatory decisions are made.
He pointed specifically to Sections 21 and 22 of the legislation, which he said empower NaRRA to direct the KSAMC on timelines for inspections, evaluations and decisions related to applications submitted by the authority.
“Under Section 21, NaRRA may convene this corporation and set timelines and deadlines within which we must complete inspection, evaluation, decisions, and applications submitted by the authority,” Swaby said.
“Under Section 22, NaRRA may issue a written directive to this corporation specifying how we must process those applications, including directives that require us to modify or make exceptions to zoning requirements, to proceed with consideration and application even where another body recommendation has not yet been given, and to rely on previously granted approval from standard designs rather than conducting independent assessment,” he added.
The mayor further warned that Sections 23 and 24 permit NaRRA to seek a “stepping order” from the minister if the corporation fails to comply with directives.
“In plain terms, the minister can make our regulatory decisions for us, override conditions which have attached to approval or grant approvals we have declined to give and there is no requirement in legislation that such order be made public, gazetted or reported to Parliament,” Swaby said.
He also criticised the lack of transparency provisions within the legislation, noting that there is no requirement for such orders to be made public, gazetted or reported to Parliament.
“An authority appointed by the prime minister can direct how the KSAMC exercises statutory planning and building regulatory functions and if we do not comply, the minister— not a court, not an independent tribunal— can simply step in and make the decision himself with the full force of the law and the public needs never know it happened,” he explained.
Swaby said the concerns were not limited to the KSAMC, noting that more than 28 civil society organisations and governance advocates had also raised objections to the Bill before it was passed.
“They were raised clause by clause with specific legislative remedies by the parliamentary Opposition which identified substantive concerns and proposed amendments to address them,” he said. “It is deeply unfortunate that the Government in possession of those concerns from multiple credible sources chose not to accept the majority of the valid amendments proposed.”
The mayor encouraged councillors to independently review the legislation and understand its broader implications for local governance.
“Councillors, I raise this to inform you. This council must be clear-eyed about the legal environment in which we will operate. I ask you to go do your own reading to understand the broader implications of the Bill,” Swaby said.