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Govt. operating outside the rule of law – Bar Association
The Bar Council of the Bar Association of Guyana yesterday said it is condemning the failure by the Government of Guyana to hold general and regional elections within the period mandated by Article 106(7) of the Constitution, which is the supreme law.
President of the American Chamber of Commerce (AmCham), Zulfikar Ally
Head of the Bar Association, Teni Housty
“By failing to abide by the clear and unambiguous terms of the Constitution, the Government of Guyana has abdicated its responsibility, violated the Constitution, is operating outside of the rule of law and in breach of internationally recognised standards of democracy,” the lawyers’ body said.
The statement would come as a deadline of September 18 has elapsed for the holding of early elections, brought on by the historic December 21st no-confidence vote.
On Thursday, chair of the Guyana Elections Commission (GECOM), Justice (ret’d) Claudette Singh, disclosed that she has informed President David Granger that the earliest elections can be held is at the end of February.
President David Granger has said that he is awaiting advice from GECOM to fix a date for elections.
The Bar Council yesterday, in its statement, noted that in its judgment in the consolidated no-confidence cases of July 12, 2019, the Caribbean Court of Justice said that the meaning of the constitutional provisions requiring elections is clear and it placed the responsibility of honouring those provisions on the constitutional actors in Guyana.
“The Bar Council also notes that while the court did not order elections, it expressed its expectation that constitutional responsibilities would have been exercised with integrity in keeping with the unambiguous provisions of the Constitution bearing in mind that the no-confidence motion was validly passed as long ago as 21 December 2018.”
The Association stressed that the constitutional duty and responsibility of the President was to fix a date for elections within the three-month period set out in the Constitution in the absence of a Parliamentary extension of that period.
This extension, the Bar Council notes, was not sought and/or obtained before the period expired.
“The constitutional duty and responsibility of the Guyana Elections Commission was to be ready to administer and supervise elections within the time encompassed by the three-month period so as to comply with the Constitution.”
Meanwhile, the American Chamber of Commerce of Guyana (AMCHAM Guyana) said it supporting the joint statement from the Ambassador of the United States of America,
Ambassador Sarah-Ann Lynch; United Kingdom High Commissioner to Guyana, Greg Quinn and the European Union Ambassador to Guyana, Fernando Ponz Canto, in calling for the President of Guyana to immediately set an elections date in full compliance with Guyana’s constitution.
“The Chamber notes that prolonged periods of uncertainty can have dire consequences on business and investor confidence in Guyana, especially foreign investment. Guyana’s reputable standing within the International Community will be tested if democratic principles give way to partisan politics. The Chamber, therefore, calls upon the President to abide by the Constitution of Guyana and the ruling of the Caribbean Court of Justice (CCJ) to set an elections date
immediately.”
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