High Court case filed to block PNC/R Congress

Jun 27, 2024 Court Stories, Features / Columnists, News

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Kaieteur News – A court case was filed on Wednesday in the High Court to block the upcoming People’s National Congress Reform (PNC/R) Congress and ultimately the election of new office bearers.

The case brought against Opposition party is one of two lawsuits that seek to hold Guyana’s major political parties more accountable.

The cases were filed by Mr. Brian Collison, a U.S.-based member of the PNC/R who wants to see reform that he hopes will strengthen his party and end division stemming from dissatisfaction with the way party elections are conducted.

The first lawsuit which names Aubrey Norton as Leader of the PNC and the PNC as respondents seeks to ensure that irregularities in the process leading up to the selection of delegates for the imminent PNC Congress, do not compromise the will of the members of the PNCR and the party’s support base.

In this action, Attorney for the applicant, Dr. Vivian Williams, among other things asked the Court to issue an injunction to prevent the PNC/R from proceeding with the election of a Party leader and officers until such time fairness is guaranteed.

Williams made reference to precedents in other jurisdictions that determined that the effectiveness of individuals’ participation in general elections, is in large part determined by the opportunity for party members to effectively participate in internal elections that determine candidates who appear on election ballots.

Through the lawyer, Collison is therefore asking the court for a declaration that political parties have a duty to adopt procedures for fair internal elections.

Describing himself as a reformer, Collison says he brought the action to ensure fullest participation by Party members, devoid of any manipulation.

Mr. Collison noted too that he is deeply concerned about claims of irregularities in the management of the current Biennial Congress of the PNC and the electoral process that could affect the true will of the PNCR electorate in their election of new office bearers.

He says his interest is establishing accountability in the party and ensuring the most fundamental element of political representation of the people is not further damaged by a process that is not subject to review.

In bringing this action, Mr. Collison says he recognizes the futility of further pursuing this very important matter internally because of an environment of intolerance and the inability to hold the leadership accountable for upholding basic Party rules and practices.

As such, the Applicant seeks declarations from the court that (a) political parties are legal entities that can be sued; (b) the PNCR performs functions exclusively reserved for the State which impact the constitutional rights of Guyanese, particularly its members and supporters; (c) the determination of candidates that appear on election ballots is a significant aspect of the elections process circumscribing individuals’ right to vote as guaranteed in the Constitution of Guyana, such that the procedure(s) used for their selection must be fair and consistent with democratic ideals; and (d) directing the government to remove all undue burden to ensure rights conferred upon political parties by the Constitution are given full force and effect.

According to Collison, to the best of his knowledge, all efforts to address the concerns internally have been ignored, thus leaving him with no choice but to seek to uphold principles, rules and practices that would guarantee his right and that of all PNC members are upheld in a court of law as the only amicable means and last resort.

Meanwhile, the second court action names Attorney General Anil Nandlall S.C., People’s Progressive Party (PPP) General Secretary Bharrat Jagdeo, and People’s National Congress Reform (PNCR) Leader Aubrey Norton as respondents.

This action seeks several declarations from the court in relation to the standing, and obligations of political parties in ensuring that the right to vote provided for in Guyana’s Constitution is not diluted and hindered by unfairness in internal party procedures.

In his affidavit to support the action, Collison noted that both the PNC and PPP rely on vulnerable citizens to carry the weight of their respective political parties.

“The weight carried by vulnerable citizens as litigants that political parties rely on to enforce rights and protection of their interest, does or may have significant impact on vulnerable citizens, and the ability of political parties to effectively perform functions delegated by the Constitution that touch upon and impact individuals’ right to vote,” the Applicant said in his Affidavit.

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• Congress, Elections, Jagdeo, New York, Norton, PNC/R

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