Municipal elections on hold as Privy Council deliberates
A “landmark ruling” expected on the governance of the corporations of Hamilton and St George has been cited in the Government’s step to postpone municipal elections that would ordinarily have gone ahead this year.
Residents typically go to the polls every two years, with the last round of elections held in May 2023.
On Friday, Zane DeSilva, the Minister of Housing and Municipalities, tabled a Bill in the House of Assembly for the next ordinary municipal election to be held in 2026, not 2025. It is expected to be debated on Friday.
A legal battle with the Corporation of Hamilton over the fate of the municipalities came after MPs approved legislation in 2019 giving the minister responsible for the two bodies the power to appoint mayors and half the councillors, with the rest of the councillors chosen by a selection committee.
Although it was turned away by the Upper House, the corporation took the case to the Judicial Committee of the Privy Council, Britain’s highest appeals court, last December.
The ministry said the Government had consulted both corporations ahead of the tabling of the legislation, noting that Charles Gosling, the Mayor of Hamilton, had called the move “a foundational step towards fostering a collaborative and positive relationship”.
Michael Fahy, the Shadow Minister of Housing, Municipalities and Home Affairs, called on the Government this month to clarify its plans for the municipal elections.
The ministry stated that the timing of the Privy Council's decision was “entirely outside the Government's control” and subject to the deliberations of the court.
“It would be premature and potentially disruptive to proceed with elections that may soon be impacted by a landmark ruling affecting the governance of Bermuda's municipalities,” a statement said.
“While some may question the deferral of the 2025 elections, this decision is not an erosion of democracy but a measure of caution and foresight.
“The postponement allows for an orderly and informed path forward based on the final legal determination — rather than risking confusion or necessitating the reversal of newly elected administrations in the event of a significant structural change.”
The ministry added that the corporations had not objected to the delay, and said there were no extra costs associated with the postponement.
“The Parliamentary Registrar remains prepared should an election be necessary, but should not prematurely commit public resources while the legal uncertainty remains.”
The principal 1923 legislation also provides for by-elections in case vacancies arise in the corporations during the postponement period.