Tue | Jul 17, 2018

Old boundaries remain for Portmore mayoral elections, court rules

Published:Wednesday | November 23, 2016 | 12:00 AM

Residents of Lakes Pen, Quarrie Hill, Grange Lane, Clifton and adjoining areas will not be able to vote for a mayor for the municipality of Portmore in next week's local government elections, as a result of a ruling from the Supreme Court.

Justice Martin Gayle yesterday ruled that former Local Government Minister Noel Arscott unlawfully sought to extend the boundaries of the municipality last year.

The ruling also means that the new boundaries gazetted cannot be used for the local government elections on Monday.

Lennox Hines, Jamaica Labour Party candidate caretaker for the Southborough division, had challenged Arscott's decision to have sections of Spanish Town,

St Catherine, included in Portmore.

His attorney, Shane Dalling, said the judge ruled that the Municipalities Act does not grant the minister any power to vary a boundary.

"The court stated that the Municipalities Act (Section 3) does not have in it any power granted to the minister to extend or vary the boundaries of a municipality. Section 3 gives the minister the power to establish the municipality, but it doesn't give him any power to extend."

Hines got leave last October to go to the Court of Appeal with the matter and the appeal court ruled that it should go back to the Supreme Court for trial, which ended with yesterday's ruling.