Malahoo Forte defends stance on general elections
Minister of Legal and Constitutional Affairs Marlene Malahoo Forte has pushed back against those who have raised concerns regarding her comments on when general elections are due.
While chairing a Joint Select Committee meeting of Parliament on the Constitution Amendment Republic Act 2024 on Wednesday, Malahoo Forte said the election was not constitutionally due by September as is widely believed.
She explained that the timeline follows the life of Parliament.
“What the Constitution provides for is an outer life for the date of Parliament, and that is five years, and the life of the Parliament commences on the first sitting of the Parliament after a general election, not when the general elections are held,” she outlined.
The House of Representatives convened on September 15, 2020, following the September 3, 2020, general election.
The Constitution’s Section 64 mandates that Parliament lasts five years from its first sitting, while Section 65 requires an election within three months of its dissolution. The law allows for a delay of up to two years in cases of war.
Some have raised questions about Malahoo Forte remarks.
Among them is constitutional scholar Dr Lloyd Barnett who, while acknowledging her interpretation of the Constitution was legally correct, noted that it diverged from Jamaica’s democratic norms.
“Strictly legally, what she says is correct, but no democratic government does that. So I’m surprised that she even bothered to make the point,” he told The Gleaner.
The minister’s comments have sparked backlash from the Opposition, which insists that there should be no delay beyond September 2025.
People’s National Party (PNP) General Secretary Dr Dayton Campbell condemned her remarks, calling them “gratuitous”, “dangerous”, and likely to cause “uncertainty and confusion”.
“The Jamaican people expect to go to the polls by September 2025 to elect a new government. That expectation is not merely political. It is constitutional,” said Campbell.
“We caution the JLP (Jamaica Labour Party) administration against abusing or misinterpreting a constitutional provision for which the objective requirements do not exist.”
Hitting back, Malahoo Forte, in a statement on Friday, said her remarks are grounded in the law and were made to correct misinformation and provide a clearer understanding of the relevant legal provisions to the media and the public.
“It is important to emphasise that the Minister's clarification cannot be credibly disputed, as it accurately reflects the Constitution's requirements.
“It is essential to note that, contrary to some media reports, the Minister did not speculate or make any comment on the timing of the upcoming general elections. The decision as to when to call an election remains solely within the prerogative of the Prime Minister,” read the statement.
Malahoo Forte charged that while the government continues to make steady progress on key issues impacting the Jamaican people, the Opposition appears solely focused on seizing power at any cost.
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