THE EDITOR, Sir:
THE WEST Kingston seat in the House of Representatives has been vacant since January 19, 2005, when Member of Parliament Edward Seaga resigned. To date the country has not been informed when, if ever, a by-election will be held. This is most unsatisfactory.
Section 45(2) of the Constitution states that "Whenever the seat of any member of the House of Representatives becomes vacant the vacancy shall be filled by election in the manner provided by or under any Law for the time being in force in Jamaica." However, neither the Constitution, the Representation of the People Act nor any other law states the time within which the election should be held.
CONSTITUTION
Traditionally, by-elections have always been held. With a couple of exceptions, they have been held promptly. Since Prime Minister P.J. Patterson assumed office this has changed radically and the Constitution has been consistently abused. In 1996 Member of Parliament Heather Robinson resigned. No by-election was held. Her constituency was unrepresented for 18 months. During the last administration three members of Parliament resigned Francis Tulloch, Seymour Mullings and Ronald Thwaites. No by-elections were ever held. A feckless and demoralised Opposition remained silent.
Clearly the Constitution or the relevant statute needs amendment to provide a specific period within which a vacancy must be filled. This does not mean that Section 45 (2) of the Constitution is just ineffectual verbiage, that whether and when a by-election is held depends on the whim or caprice of the government, or that failure to hold by-elections is either lawful and constitutional. If the Opposition had even a modicum of "vim, vigour and vitality" this contemptuous aberration would have been challenged long ago if necessary in court.
CONVENIENT SPEED
By-elections should be held promptly certainly within a reasonable time. Indeed, Section 9 of the Interpretation Act states "Where no time is prescribed or allowed within which anything shall be done, such thing shall be done with all convenient speed, and as often as the prescribed occasion arises."
Whether this applies to the Constitution or not it is a useful guide. The average time prescribed in the constitutions of other Commonwealth Caribbean states within which vacancies should be filled is 90 days. That is the time in Barbados. On August 27, 2001, the then Attorney-General resigned his seat. A by-election was held on September 21, 2001, or 25 days later. That is democracy! That is cricket!
The people of West Kingston are entitled to representation in Parliament as of right, not at the sufferance of any functionary. Let a date for a by-election be set without delay, let the law be updated as early as possible to prevent further abuse.
I am, etc.,
BERESFORD HAY
P.O. Box 1191
Kingston 8
