JAMAICA | Opposition PNP Warns Of Threat to Electoral Commission Independence In Boundary Dispute

MONTEGO BAY, Jamaica , April 10, 2025 - By Calvin G. Brown - A brewing constitutional storm over Jamaica's constituency boundaries has erupted into open conflict, with the People's National Party (PNP) representatives accusing government officials of overstepping their authority and potentially compromising the independence of the Electoral Commission of Jamaica (ECJ).

In strongly-worded letters obtained by this newspaper, prominent attorney B. St. Michael Hylton, representing PNP members of the Constituency Boundaries Committee, has raised serious concerns about procedural irregularities that could impact Jamaica's upcoming elections.

At the heart of the dispute is a letter dated April 4, 2025, sent by Brandon Nash on behalf of the Clerk to the Houses of Parliament to ECJ Chairman Earl Jarrett. According to Hylton, this communication misrepresented decisions made at the Committee's April 1 meeting and improperly imposed deadlines on the independent electoral body.

"The Committee merely decided to send the relevant documents to the ECJ and ask it to provide an update on their work by May 31, 2025," Hylton wrote to Clerk Colleen Lowe. "Instead, your letter asks the ECJ to attend a meeting on April 16, 2025, provide an update at that meeting, and then provide a report by May 31, 2025."

The dispute centers on the establishment of the City Municipality of Portmore as Jamaica's fifteenth parish—a change that would necessitate redrawing constituency boundaries ahead of elections due later this year.

In a separate letter to Attorney General Dr. Derrick McKoy, Hylton raised another potentially explosive constitutional issue. Citing Section 67(6)(b) of the Constitution, which stipulates that the Committee must submit reports "not less than four nor more than six years from the date of the submission of its last report," Hylton argued that the Committee may have lost its mandate entirely.

"I am instructed that the Committee issued a report in January 2018," Hylton noted. "It would seem to me that six years having passed, it cannot now issue a further report."

The letters paint a picture of a rushed process that opposition members fear could undermine electoral integrity. Hylton bluntly stated that forcing the ECJ to accelerate its established processes to "facilitate the Government's timeline" would be "quite improper" and potentially destructive to the Commission's independence "both in appearance and in fact."

The controversy erupts as Jamaica prepares for elections later this year, with the redrawing of constituency boundaries potentially affecting voting outcomes in key districts.

The documents referenced in the April 4 letter include The Counties and Parishes (Amendment) Act, 2025, Portmore LSDP Administrative Boundary, and maps of Portmore and Environs, St. Catherine. The letter also mentioned a pending Supreme Court Formal Order on Portmore's establishment as Jamaica's fifteenth parish.

Neither the Clerk to the Houses of Parliament nor the Attorney General's office had responded to requests for comment at press time.

In a landmark decision issued on Friday March 28,  Chief Justice Bryan Sykes outlined the Government’s “unequivocal undertaking” not to bring the legislation into operation until it adheres to Section 67 of the Jamaican Constitution, which stipulates the procedure for adjusting constituency boundaries.

The court’s ruling stems from an injunction sought by the PNP, which argues that the Government’s rush to implement the law violates constitutional procedures concerning constituency boundary changes.

The case centres on the Counties and Parishes (Amendment) Act, 2025, which aims to grant Portmore parish status but has been embroiled in controversy over its potential to affect electoral boundaries and the constitutional integrity of the electoral system.

This ensures that the law will not be enforced until the necessary constitutional requirements are met, including consultations with the Electoral Commission of Jamaica (ECJ) and proper boundary reviews.

-30-