Court fight - Clarendon power struggle set for legal showdown as injunction blocks leadership shake-up

The People’s National Party (PNP) caucus in the Clarendon Municipal Corporation (CMC) has described a court injunction barring motions of no confidence against May Pen Mayor Joel Williams and Deputy Mayor Clive Mundle as a “threat on democracy”, questioning the manner in which the document was presented during a special meeting on Friday.

The intervention brought proceedings to an abrupt halt less than 30 minutes after the meeting began, preventing councillors from considering motions that could have changed its leadership following the defection of May Pen North Councillor Tanyalee Williams from the Jamaica Labour Party (JLP) to the PNP.

PNP minority leader Scean Barnswell said the party respected the authority of the court, but it had concerns about the authenticity and handling of the legal document presented to the corporation, claiming that it bore no signature from the presiding judge, filing date, official seal or stamp.

He also claimed that the corporation’s registry had no record of the document being sent to the municipal authority, describing it as a “courtesy copy”.

He said the PNP’s attorneys were examining the matter and would advise on the way forward, he said.

“However, this is just justice delayed, but it’s not justice denied,” Barnswell said, adding that “it’s also a threat on democracy, but we shall prevail”.

The application to block the vote was filed on Thursday by Mayor Williams and his deputy, Mundle, with the CMC named as the respondent.

The ex parte application was heard in chambers on Friday morning.

The stay of proceedings will remain in place until November 13, when the matter is to be heard in court.

It restrains the corporation from considering, debating, voting on or determining four agenda items until then or until further order of the court.

In a statement of Friday, the PNP said it plans to go to court to seek to have the injunction overturned.

The legal intervention follows a shift in the balance of power at the 22-member corporation after Tanyalee Williams crossed the floor, breaking a previous deadlock to give the PNP a 12-10 majority and setting the stage for a challenge to the existing leadership.

The meeting unfolded amid a heavy police presence, with supporters of both parties gathering outside the corporation. Senior political figures from both sides were also present in the council chambers.

Among the JLP figures in attendance were Clarendon North Central Member of Parliament (MP) Robert Morgan; St Catherine South Central MP Dr Andrew Wheatley; and Michael Stern, deputy leader of the party’s Area Council Three.

PNP representatives included St Andrew Western MP Anthony Hylton and St Catherine Eastern MP Denise Daley.

Barnswell also challenged the procedure used to adjourn the meeting, arguing that the mayor had failed to follow the requirements of Section 32(j) of the Local Governance Act.

He said the only agenda item completed was the reading of the declaration concerning Councillor Williams’ departure from the JLP.

According to Barnswell, a proper adjournment required the question to be put to the membership and carried by a majority, which he said had not happened.

He added that councillors had raised the matter with the clerk, but efforts to restore order had failed.

The injunction and the dispute over the adjournment left the council unable to proceed with the proposed motions and elections, leaving the leadership positions unchanged pending further legal developments.

Mayor Williams rejected suggestions that the JLP was attempting to delay an inevitable change in the corporation’s leadership by heading to court.

“We’re seeking to get clarity as it relates to Section 16 of the Local Government Act,” he said.

Asked whether the JLP was playing political football with the people’s business, Williams turned the accusation on the Opposition.

“Not at all. They are the ones who are playing political football with the people’s business, not us on this side,” he said.

He insisted that the corporation would continue its work while the legal matter remained before the courts.

“It is business as usual. We continue to do what we have to do until the courts so decide,” he said.

He declined to disclose the party’s strategy going forward, stating: “I never ever give my opponent my last card, and so I have no comment on that one.”

olivia.brown@gleanerjm.com