Supreme Court blocks Portmore parish law amid constitutional dispute

The Jamaican Supreme Court has granted an injunction blocking the controversial Counties and Parishes (Amendment) Act 2025, which sought to establish Portmore as Jamaica’s fifteenth parish.

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Chief Justice Bryan Sykes issued the orders on Thursday, halting the law’s implementation until at least March 28, when the parties will return to court.

The injunction follows legal action filed by the Opposition People’s National Party (PNP), which contends that the law is unconstitutional. St Catherine Southern Member of Parliament Fitz Jackson, Portmore Mayor Leon Thomas, and councillors Claude Hamilton and Vanrick Preddie filed the lawsuit in the Constitutional Court on Monday, challenging the law’s legitimacy. Attorney General Dr Derrick McKoy and Local Government Minister Desmond McKenzie are named as defendants.

Court orders and legal arguments

The Supreme Court issued two key orders:

  1. An order prohibiting any minister in the Government of Jamaica from appointing a date for the law’s implementation until further notice.
  2. Alternatively, if such a date has already been set, an order declaring that the law should not be treated as operational until further ruling by the court.

Jackson and his fellow claimants argue that the law disrupts local governance, alters constituency boundaries, and violates democratic rights. They assert that the act contravenes the Jamaican Constitution, which explicitly prohibits the boundary of a parliamentary constituency from crossing parish boundaries.

Despite warnings from the Electoral Commission of Jamaica (ECJ) that the move could breach the Constitution, the government used its legislative majority to push the law through in February. The bill received the Senate’s approval on February 28 after being passed in the House of Representatives on February 11.

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The ECJ had cautioned both Parliament and the Ministry of Local Government that the proposed parish boundary for Portmore might violate constitutional provisions. In a formal letter, the ECJ cited the Constitution’s requirement that “the boundary of a constituency shall not cross the boundary of a parish as delimited by the Counties and Parishes Act or by any law amending or replacing that law.” The commission further pointed out that the proposed parish of Portmore would impact four constituencies, 13 electoral divisions, and nearly 400 polling divisions in St. Catherine. The letter also raised concerns about inconsistencies in the boundary descriptions, particularly in areas near Salt Island Creek and Galleon Harbour.

Political fallout over Portmore parish law

The decision to grant Portmore parish status has ignited intense debate across Jamaica and between both political parties.

The Opposition argues that the government rushed the legislation without adequately addressing the ECJ’s concerns. The PNP has accused the ruling Jamaica Labour Party (JLP) of “political gerrymandering” to secure electoral advantages in future elections. They contend that the lack of public consultation and transparency in the process undermines the country’s democratic principles.

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On Tuesday, Opposition Leader Mark Golding announced in Parliament that the PNP had initiated legal proceedings against the government. Calling the legislation a “dangerous affront to our democracy,” Golding insisted that his party would challenge it by all legal means available.

Meanwhile, Local Government Minister Desmond McKenzie, who piloted the bill through the House of Representatives in February, has yet to comment on the injunction.

 

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