THE EDITOR, Sir:
DID THE terms of office of Local Government Councillors end in June 2001 and have they been acting without legal authority since?
There was a Local Government Election in September 1998 and the next such election should have been held sometime between March and June 2001. To date no local government election has been held.
Two Acts assented to by the Governor-General on July 19, 2001 which did not have retroactive effect purported to modify both the Parish Councils Act and the KSAC Act by providing that Local Government Elections should be held "not earlier than the 30th day of November 2001, and not later than the 31st day of March, 2002."
Two other Acts assented to by the Governor-General on March 27, 2002 further extended the time for holding Local Government Election to not later than March 31, 2003.
It seems reasonable to opine that acts done by Councillors after the end of June 2001 have been done without legal authority in view of the fact that the 2001 Acts which purported to extend the time for holding local government became law on July 20, 2001 (the day after the Governor-General's assent) nearly three weeks after the time for holding such elections had passed. The terms of office of Councillors had by then come to an end and as the Acts were not retroactive these could be revived.
It appears that the Acts of 2001 were ineffectual, that those of 2002 were superfluous and that Councillors who were elected in September 1998 were no longer Councillors after June 2001. The fact that they acted in ignorance or utmost good faith would not validate their acts and the Parish Councils and Kingston and St. Andrew Corporation Council as now constituted appear to be devoid of legal status which would make their decisions null and void.
The above does not pretend to be a definitive statement of the law on the matter although there can be no doubt what my thinking is. I have raised this issue not to cause alarm or despair but because I think it is my duty as a citizen and elector to do so.
Dare I hope for a response and if necessary, appropriate action from the Government?
I am, etc.,
BERESFORD HAY
P.O. Box 1191
Kingston 8
