Constitutional Reform needed before Gov’t can divide Region 4 into sub-districts - Williams

Constitutional Reform needed before Gov’t can divide Region 4 into sub-districts – Williams

Nov 05, 2022 News

Kaieteur News – Former Attorney General and Minister of Legal Affairs, Basil Williams, SC has called on the Government to return to the process of Constitutional Reform ahead of its bid to split Region Four into sub-districts for the purpose of elections.

Williams, in a public comment reiterated his position that the Peoples Progressive Party (PPP/C) Government, which is soon set to institute changes regarding the Representation of the Peoples Act (RoPA), cannot make variations to the Region 4 location by ordinary legislation, but must return to the reform process that conceptualized the idea of splitting the traditionally recognized Peoples National Congress Reform (PNC/R) stronghold.

Former Attorney General and Minister of Legal Affairs, Basil Williams, SC

Williams asserted that the Representation of the People (Amendment) Bill 2021 (ROPA) provides another example of the PPP/C’s attempt to deflect from the true intent of the introduction of the legislation.

“In the first place it contains draconian provisions (to borrow their term) which have preoccupied the critics. Also, it refers to a 1980 Order to premise its division of the PNCR stronghold, Region 4, into four (4) sub-districts,” he said.

To do this, Williams believes, “is to convey to any PNC/R supporter that such divisions (of Region 4) were done under a PNC/R Government and perhaps pre-empt any protest.”

However, the former Attorney General explained that in 1980 when the National Assembly Elections (Constitution of Polling Districts) Order No. 71 of 1980 was made, there was no Geographical Constituencies (GC) in the Cooperative Republic of Guyana.

“Thus, one has to look at Article 160 (2) of the Constitution which makes provision for the creation of GC and election of members therein as Parliament may prescribe,” Williams said while noting that Article 160 (2) was inserted into the Constitution in 2000 as a product of the Constitutional Reform Process.

“There was no provision for further sub-division of a GC by Article 160 (2) as aforesaid,” he added.

Williams explained that Parliament prescribed Section 11A which was inserted into the Representation of the People Act Chapter 1:03 (ROPA) and determined ten (10) GC for Guyana with no provision for any further divisions into sub-districts. He was adamant therefore that, “We must return to the Constitutional Reform Process to complete this hybrid system of GC and top up seats.”

Williams’ view is that the PPP/C does not want Constitutional Reform.

Local Government Elections (LGE) will take place on March 13, 202. It is expected that changes to the RoPA which include higher penalties for elections’ offences, creating new elections’ offences with high penalties, and establishing new offices for District 4, will be effective before the elections. These however fall outside of more pressing issues such as changes to the Guyana Elections Commission (GECOM) among others.

Attorney General and Minister of Legal Affairs, Anil Nandlall, SC had dismissed criticisms about the changes being inadequate saying that constitutional change would require a two-thirds majority in the National Assembly. Nandlall said that the Government was interested in statutory reforms and would not be engaging in statutory changes at this time.

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