Opposition proposes CCJ fix date for elections

Jun 25, 2019 News

By Feona Morrison

Lawyer for the Parliamentary Opposition, Senior Counsel Douglas Mendes told the Caribbean Court of Justice (CCJ)’s judges yesterday that the respective parties (Opposition and Government) were unable to meet consensus in relation to the court’s rulings on the No-Confidence Motion and the President’s unilateral appointment of Justice James Patterson as chairman of the Guyana Elections Commission.

Senior Counsel Douglas Mendes

Addressing the CCJ yesterday at a post-ruling hearing, Mendes said, “We were not able to meet consensus on consequential orders on any of the matters before you. We would suggest that the orders would flow from the findings,” while proposing that the court should fix a date for elections.
During the hearing, President of the CCJ, Justice Adrian Saunders pointed out that GECOM is currently headless.
Justice Saunders noted, “There isn’t a GECOM chairman and that process has to be reengaged. So in this vein, is it possible or tenable for elections to be held within three months without a GECOM chairman?”
Mendes responded, “Yes, one of the issues that has arisen I can say broadly speaking is what list (of voters) is to be used. We submit that the law is very clear on that question and therefore there is no discretion or decision to be made by anyone.”
Considering that the CCJ has now ruled that the No-Confidence Motion was properly passed on December 21, 2018 in the National Assembly, the Trinidad and Tobago–based Senior Counsel said that elections ought to have been held since March 21, 2019 since the National Assembly did not meet and agree on an extension.
According to Mendes, at the time the No-Confidence Motion was invalidated by the Court of Appeal, there was a valid list of electors which was used for Local Government Elections, last year. He explained that, that list expired on April 30, 2019, meaning that it was now available for update in terms of adding eligible voters, and removing persons who are no longer eligible to vote.
During his submissions, Senior Counsel Mendes held that certain provisions in the Elections Act should be applied and the court should fix a date for when elections should be held in accordance with Article 106 (7) of the Constitution. He is of the view that elections should be held three months from yesterday’s date on the basis of the list of electors that was in existence as of March 21.
Article 106 (7) states, “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.”
Justice Winston Anderson sought to clarify from Mendes if he was suggesting that the court should stipulate three months for the holding of elections without hearing from GECOM as to whether credible elections can be held within that timeframe. At this point, the Senior Counsel said he was not certain as to what constitutes credible elections.
The CCJ judge explained that a credible election would be one in which the people of Guyana have confidence. Referencing the provisions of Article 106 (7) of the Constitution again, Mendes said that the Constitution is very clear and the court is required to uphold it.
The Senior Counsel added, “We are trying to do our best to comply with the Constitution having regard to the fact that the three months period has already passed. We are suggesting that the most reasonable way is to direct in accordance with the Constitution. It says that the President and Cabinet must resign and elections must be held within three months and the government should continue for the purposes of holding elections.”
Nonetheless, the Senior Counsel asked the court to give directions as to the list to be used for general elections. He submitted that this issue has stirred some controversy.
Mendes said, “Because there is controversy raging on what list is to be used. I have not been referred to any provisions which give the commission (GECOM) the power to delay an election because it considers it is not ready with a list. If the President under normal circumstances decides in his discretion to dissolve Parliament and to declare an election then the commission must comply. I have not seen any provisions which give the commission the power to say to the President that the date in invalid (and), you must fix another date.”
Furthermore, Mendes suggested that the court should fix a timetable for the President and Opposition leader to agree on a list of six names for appointing a Chairman for GECOM within seven days from yesterday.
Thereafter, he suggested that the President be given three days to appoint a chairman. He stated that the court should direct the President and Opposition Leader to act in good faith. The Senior Counsel is of the firm belief that the consequential orders he suggested would give effect to the spirit of the Constitution.