CCJ disappointed with GECOM’s “anytime after Dec. 25” timeframe for elections

Jun 25, 2019 News

---

By Feona Morrison

Despite the Parliamentary Opposition advocating that General and Regional Elections has to, and can be held within three months, given that the Caribbean Court of Justice (CCJ) has ruled that the Government was defeated on a No-Confidence Motion, the Guyana Elections Commission (GECOM) has insisted that it would be ready to hold fair and credible elections anytime after Christmas Day – December 25, 2019.

This was related to the CCJ yesterday by GECOM’s lawyer Senior Counsel Stanley Marcus, who was among the lawyers that addressed the regional court yesterday on the way forward in respect to consequential orders stemming from the court’s declaration that the No-Confidence Motion against the government was properly passed with a majority of 33 votes from the 65 members of the National Assembly. The CCJ also ruled that the President’s unilateral appointment of retired Judge James Patterson as Chairman of GECOM was flawed.

For one, Senior Counsel Marcus is adamant that a new Official List of Electors (OLE) has to be created before general elections are held. He said that GECOM has to abide by certain laws, one of which specifies that there be a new list, since the previous one which was used for Local Government Elections last year, expired on April 30, 2019.

Expressing dissatisfaction at the timeframe put forward by Marcus, President of the CCJ Justice Adrian Saunders said, “This is disappointing. Because as Mr. (Douglas) Mendes (lawyer for the Opposition) says, the Constitution of Guyana suggests that these elections should have been held sometime in March. So you’re suggesting an outside date that carries us nine more months.”

Responding, Marcus told the court that elections could not have been held in March, since the matters arising out of the passage of the No-Confidence Motion were engaging the attention of the Court of Appeal.

Justice Saunders stressed that he did not want to say GECOM was negligent, but noted that it should always be in state of readiness in the event of snap elections.

Justice Saunders noted, “The Commission ought always to be on standby that the President of his own deliberate motion or upon a motion of confidence which it loses renders his government no more. The Commission ought always to be on standby that, that likelihood could occur and if and when that likelihood occurs, it is a little strange that the Commission is saying we won’t be ready for 90 days. We would be ready for maybe nine months, maybe a year, and leave the country in limbo for that period of time.”

Senior Counsel Marcus, however, disagreed with Justice Saunders’ view. In fact, he believes that the country would not be left in limbo since there is still a government, and it shall continue in office until elections are held in accordance with Article 106 (7) of the Constitution. He said that after analysing the provisions of Article 106 (7), to his understanding, the government “stays until it goes”.

According to Article 106 (6), “The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all elected members of the National Assembly on a vote of confidence.”

The consequences of Article 106 (6) are laid out in Article 106 (7) which says, “Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly, and shall resign after the President takes the oath of office following the election.”

For his part, Justice Jacob Wit also expressed his disappointment. He pointed out that as far he sees it, the government is in caretaker mode. According to the CCJ judge, although this is not expressly stated in the Constitution, it is implied, and this is the case in many Constitutions around the world. Justice Wit reasoned that Article 106 (7) spells out the timeframe for which elections must be held to avoid having a caretaker government for a year, since important decisions have to be made in the country.

Justice Winston Anderson, who was also not pleased with the further delaying of elections, suggested to Marcus that elections could probably be held earlier if more resources were deployed to fast track GECOM’s efforts in creating a new list of electors. Marcus submitted that this was not possible. He held firm that December 25, 2019 is the earliest date that the election can be held.

He explained that there are certain processes and procedures prescribed by law that GECOM has to follow. One of which he says is putting out elections-related advertisements to the public.

Marcus maintained that GECOM intends to comply with the laws in the execution of its mandates. Asked by Justice Anderson whether he could resist Mendes’ submissions that the court should invoke consequential orders in terms of the provisions in Article 106 (7), Marcus stated, “That the court should impose three months…”
It should be noted that Senior Counsel Marcus believes that the provisions of Article 106 (7) is more directory, and not compulsory.
At this juncture, President Saunders sought to clarify that the court was not imposing anything. Justice Saunders explained, “No No No… we are not imposing anything. We are not involved in politics.” Our remit is to uphold this document (the Constitution) and if it has a clear provision, then what do you want us to do. To ignore it (the Constitution)? To reject it? To rewrite it?” Saunders queried of Marcus.
“No my Lord (Justice Saunders). But I ask you to give effect to what it says. He added that the framers of the Constitution contemplated that there would be a situation where the three months for whatever reason might not be complied with. He also added that the Constitution also says that the time for the holding of elections can be extended by National Assembly.
Question as to what consequential orders the court should hand down, Marcus told Justice Anderson that GECOM needs more time to consult with the relevant parties. Marcus said that following the court’s ruling last week Tuesday, June 18, GECOM was unable to meet with anyone because of the intervention of an awkward weekend among other things.
He said that Senior Counsel Mendes had promised to send him a draft order, but he has not received same, and has had cause to pen a letter to him.

---

---