Councillors to be affirmed at next meeting – mayor
StJMC makes about-turn after disqualifying members for not swearing in
WESTERN BUREAU:
THE ST JAMES Municipal Corporation [StJMC] has given an assurance that two Jamaica Labour Party [JLP] councillors who were unable to take their seats in the corporation’s monthly meeting yesterday, because of affirming rather than swearing their oath, will be duly installed at the next meeting.
Anthony Murray, the councillor for the Rose Hall division in the StJMC, and Gregory Harris, the councillor for the Salt Spring division, were left crying foul yesterday morning when questions arose about the process and the language used during the swearing-in for the first meeting of the corporation under newly minted Mayor of Montego Bay Richard Vernon.
The two councillors had opted to affirm rather than swear on the Bible, citing religious reasons.
In a media release hours after the meeting, the StJMC sought to give assurance that the men had not been disqualified or barred from taking their seats in the meeting.
“Chairman of the Corporation and Mayor of Montego Bay Councillor Richard Vernon is reassuring the public that the duly elected councillors – Anthony Murray of the Rose Hall Division and Gregory Harris of the Salt Spring Division – were not disqualified and will be duly installed, using the prescribed format for affirmation at the next sitting of the council,” the release stated.
“Research by Chief Executive Officer of the Corporation, Naudia Crosskill, and communication with the Ministry of Local Government and Community Development revealed that Section 6 of the Oaths Act, 1973 allows for affirmation in cases where individuals opt not to swear.”
According to Section 6 of the Oaths Act, a person may be permitted to make a solemn affirmation in place of swearing or taking an oath, in circumstances where an oath is or may be required by law.
The issue arose on Thursday when Senator Charles Sinclair, the StJMC’s councillor for the Montego Bay North East division, inquired about the swearing-in process while pointing to Sections 29 and 30 of the Local Governance Act.
“Municipal corporations are creatures of statute, and we must abide by what is contained in the statute. There is no deviation that is permitted,” Sinclair told the meeting.
Under Section 29 of the Local Governance Act, every person elected to the office of mayor or councillor shall, at the first regular meeting of the municipal corporation which that person attends, take and subscribe to the oath of office, the wording of which stipulates that the individual shall swear to fulfil the duties of their office to the best of their ability without fear or favour.
Section 30 (c) of the act states that any duly elected person who refuses or neglects to take and subscribe to the prescribed oath of office will be immediately disqualified and will cease to hold the office.”
But, speaking to journalists shortly after leaving the meeting, Murray voiced displeasure at what he termed as the entity “trampling upon his religious beliefs”.
“Let me just say it is an unfortunate situation, as we are in a society in which religious liberty is paramount. The fact is that I am one of those persons who don’t believe in swearing, and I will not be swearing, because there should always be an option for persons who don’t believe in swearing to be affirmed ... my right to religious liberty right now is being trampled on,” said Murray, who identifies as a member of the Seventh-day Adventist faith.
“There should always be an option to affirm or swear, and so I will ask the corporation to see how quickly this can be rectified so I can take my seat in the council where I was elected to serve the people. I am waiting for that to be done speedily so I can take my rightful seat in the council and serve the people of Rose Hall, who elected me to serve a second time,” Murray added.
Harris, a first-time councillor, likewise expressed disappointment that he was not given the chance to take his seat in the StJMC becasue of exercising his personal and religious beliefs, citing how the option to swear or affirm was given during their swearing-in as councillors on March 7, following the February 26 local government elections.
“It is unfortunate that there was not an option for persons who, because of their religious beliefs, don’t swear, but at the ceremony at the Montego Bay Civic [Cultural] Centre just a few days ago, we had the option to swear or affirm. It is because of my personal and religious belief that I do not swear,” said Harris.
Interestingly, Councillor Kerry Thomas, the People’s National Party’s councillor for the Mt Salem division in the StJMC, initially also chose not to swear when he prepared to take his seat in yesterday’s meeting.
However, after the inquiries were made by Sinclair, Thomas relented and swore on the Bible.