Senate Approves Amendment to Representation of the People Act

Members of the Senate have given the nod of approval to an amendment to the Representation of the People Act, 2024.

This will allow for the period within which a by-election is to be held to fill a vacancy within an electoral division of a Municipal Corporation, to be extended beyond the period of three months, under clear specific listed circumstances.

The legislation was passed on July 26, after all Government Senators present voted in favour of the amendment.

Opposition members were absent during the passage of the legislation, as they walked out of the sitting earlier.

Piloting the legislation, Minister without Portfolio with responsibility for Information, Skills and Digital Transformation, Senator, Dr. the Hon. Dana Morris Dixon, said the amendment is not merely a procedural change, noting that it is a step towards ensuring that the country’s electoral processes remain fair, transparent and effective even in the face of unforeseen events.

“The Bill acknowledges the reality that disasters and emergencies can be quite disruptive, and it provides a pragmatic solution to address these disruptions without undermining the democratic process. The amendment ensures that our electoral processes remain robust and adaptable, capable of withstanding and responding to crises without compromising the democratic rights of our citizens,” she said.

She added that the amendment aims to modernise a crucial aspect of the law’s provisions.

“This amendment is to allow for the period within which a by-election shall be held in the electoral division within the area of jurisdiction of a Municipal Corporation to be extended beyond the period of three months specified in paragraph 4 (5a) and (b) of the eighth schedule of the Act for a further period to be determined by the Minister with responsibility for electoral matters, not to exceed 90 days in any of the occurrences specified in 11 (1a-e) of the eighth schedule of the Act,” she said.

The Minister further explained that the amendment allows deferral up to 90 days under clear specific listed circumstances.

The circumstances specified in 11 (1a-e) of the eighth schedule of the Act are: (i) the Government having become engaged or likely to become engaged in any war; (ii) there has been enforced a proclamation that a state of public emergency or a state of public disorder exists under section 20 of the Constitution of Jamaica; (iii) the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence of outbreak of infectious disease or other calamity whether similar to the foregoing or not; (iv) the likelihood that the official lists for all electoral divisions or for any particular electoral division will not be printed before the day specified for the holding of the poll or that any essential electoral supplies or materials will not be available in adequate quantities upon such day; and (v) riot, open violence or other civil disturbance resulting in such interruption, obstruction or abandonment of the electoral process as to prejudice the holding of a fair election.

She further pointed out that the Act is a cornerstone of Jamaica’s legislative framework, as it governs the conduct of elections and the maintenance of electoral integrity within the country.

Meanwhile, Dr. Morris Dixon said a lot of discussions have taken place on the passing of Councillor Rohan Bryan and the by-election that needs to take place. “I just want to note for the record that St. Thomas was affected by hurricane [Beryl],” she said.

She said that there are many persons who still do not have water and electricity, noting that preliminary assessments for St. Thomas indicate that there were 84 families that had minor damage to their homes, 49 were severely damaged and seven were totally destroyed.

Councillor Rohan Bryan of the Morant Bay Division in the St. Thomas Municipal Corporation passed away on May 1, 2024.

The legislation was passed in the Lower House on July 23.