Legislation tabled for fixed-term local authorities elections

May 05, 2018 News

Minster of Communities, Ronald Bulkan

The Government has tabled legislation that seeks to establish new procedures for the elections for the members of councils across Guyana.
The Local Authorities (Elections)(Amendment)Bill 2018 tabled by Minister of Communities, Ronald Bulkan, seeks among other things an amendment of the Local Authorities (Elections) Act. Cap. 28:03.
If passed as tabled, the Bill will replace Section 35 (1) with a new section that will allow for an election to choose the members of a council once every three years on any date during the period commencing on the first day of November and ending on the seventh day of December of the third year.
Based on the proposed amendment, the three-year count starts from the year in which the term of office of the current council commenced, which date shall be appointed by the Minister by Order.
Under the existing legislation, the day for holding of election shall be held on such day as the Minister may by order appoint.
Further, it allows for the Guyana Elections Commission (GECOM) to be satisfied that the holding of an election on Election Day would not be attended by danger or serious hardship, in which case the Commission may by order postpone the election to another day.
According to the explanation provided in the Bill, amendments affect the Municipal and District Councils Act, Cap. 28:01 as it seeks to harmonise the term of office of Mayors and Deputy Mayors with that for the Chairmen and Deputy Chairmen of Neighbourhood Democratic Councils (NDCs) as specified in the Local Government Act, Cap 28:02.
The proposed legislation also provides for the utilization of the number of votes garnered by the councillors elected on the basis of Proportional Representation lists at the elections at which they were elected to resolve ties in the election of Mayors, Chairmen and Deputy Chairmen.
The final option provided for is similar to the procedure under article 177(3) of the Constitution relating to the drawing of lot to resolve the difficulty from a tie.
As it relates directly to the elections, the Bill provides for a procedure to resolve ties among constituency candidates, which result from an election.
The Bill sets out to facilitate the effective implementation of continuous registration and the availability of an electoral list which shall always be in force and which shall be routinely updated every six months.

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