Madame (retired) Justice Claudette Singh, GECOM, Manzoor Nadir and the Asha Kissoon Saga

Sep 06, 2024 Letters

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Dear Editor,

Today September 4^th, 2024 marks exactly 56 days (8 weeks) since GECOM under the stewardship of Chairperson Retired Justice Claudette Singh, issued a statement on the well-publicized Asha Kissoon saga.  The statement issued by the PRO Miss. Yolanda Warde mentioned -”In light of the most recent newspaper publication, it must be categorically stated that GECOM has absolutely no authority to remove Dr. Asha Kissoon from the National Assembly. Article 156 of the Constitution of Guyana stipulates the conditions under which a Member of Parliament can be removed from the National Assembly and there is clearly no role for GECOM in this regard.”

It was further stated that “it is necessary for GECOM to inform the public that the matter is actively being discussed at the level of the Commission and the outcome will be publicized upon conclusion of the discussions.”

The entire “Asha Kissoon saga” started when Dr. Asha Kissoon, Deputy Speaker of the National Assembly and representative of the Joinder List of parties (LJP, ANUG&TNM) refused to give up the seat as was agreed upon via a memorandum of understanding (gentleman’s agreement) signed by the three parties prior to General Elections 2020.  Dr. Kissoon, a practicing medical doctor in the public system who upon taking the Hippocratic Oath (an oath to uphold certain ethics and standards as a medical professional) has since reneged on the agreement and has taken a vow of silence on the matter.  When contacted by various news agencies, she promised to speak on the matter at the right time, a timing that still remains distant.

GECOM’s stance that the matter is actively being discussed clearly runs in stark contrast to the public view since it has been two months since that press release and the matter seems no closer to being resolved.  This matter must be one of the most complicated issues at GECOM for it to take this long with no finalization.  To make matters worse, the saga has many other interesting plots and subplots which all seem to point to a concerted effort to either keep Dr. Kissoon in the seat, or to stay mum on the running of GECOM in order to sweep under the carpet its deficiencies.

GECOM does not have a good reputation in Guyana.  Many feel that those in charge of the secretariat and of the administrative portfolio have always been working at the behest of the political party in power and/or the government.  Most recently, this all came to a legal head on when the David Granger led government unilaterally appointed Justice Patterson as Chairman, an issue which was taken all the way to the Caribbean Court of Justice (Guyana’s apex court) before resolution; Justice Patterson was deemed illegally appointed not in-keeping with established norms.  Enter Madame Claudette Singh, retired judge and one of the foremost female legal luminaries of Guyana.  One would expect therefore that any legal issue faced by GECOM, to have a quick and just resolution.  Yet on the holding of elections 2020, there arose a plethora of issues ranging from administrative to E-Day issues.  Some include but are not limited to: insufficient voter education, poorly trained staff, unclear hierarchy of the command chain, misuse of E-day protocols and alleged impersonification of voters.  The result was that the result of the elections was challenged via legal means and officers of GECOM are currently in front of the courts for possible fraud with the former CEO and Deputy CEO leading the charge.

With the termination of the famous recount exercise under the watch of CARICOM and the wider world, results were declared and a change in government occurred.  At GECOM, a new CEO and Deputy CEO were swiftly appointed promising to right the ship.  Both appointments were questioned and heavily criticized by sections of the population who saw those appointments as political and that those appointed were neither the best candidates nor the process transparent.  However, on appointment, the CEO promised to right the ship and fix the issues of his predecessor.

One would therefore expect that transparency to be paramount in all dealings and protocols to be established in keeping with the constitutional mandate of the organization.  These protocols if adhered to would ensure that the nation benefits from an agency free of political bias and that it’s functioning exemplar to the rest of the nation.

GECOM itself must have been surprised when young Dr. Gerald Forde, representative of the list of TNM penned a letter to GECOM asking for an update on his status and for the possible removal of Dr. Kissoon, in keeping with the law.  To the country’s consternation, GECOM unashamedly admitted that it had let its guard down and Dr. Asha Kissoon may have been admitted to parliament via a process not in keeping with that stated by the constitution.  None other than the CEO himself, Mr. Vishnu Persaud belatedly admitted that protocol was not followed and Dr. Kissoon went to parliament via selection through someone other than the representative of the list, one Mr. Kenrick Morgan.  The commission itself, after months of deliberation was only able to respond to Dr. Forde that as far as they were concerned, he was still the substantive representative of the list of TNM and that attempts to change this by Leader of the party, Dr. Kissoon were unsuccessful since the procedure was not in keeping with the process set out by the constitution.  Oh what a reflection this must be on the CEO, the Commission but more so the Chairperson, the learned former judge.  If there is anything to hang one’s headin shame, this must be it for someone with such a storied legal past.  Is it shame that has the former Judge pussyfooting in cahoots with the government represented commissioners on having a final decision rendered on the matter?  If she thinks that this will be soon swept under the carpet, she is in for a rude awakening.

Enter Mr. Manzoor Nadir, Speaker of the House appointed by the governing PPP/C representatives in Parliament.  When contacted by Dr. Forde, who on receipt of the information from GECOM that he was still according to GECOM’s records the representative of the list,  issued a letter of recall of Dr. Kissoon.  This letter, dated March 14^th, 2024 and signed received by the personal secretary of the Speaker March 15^th, 2024, seems to have gone lost (although its circulation is public) or unread resulting in a deafening silence from Mr. Nadir.  He for whatever reason seems to have abdicated his constitutional responsibility and chooses to remain mum on the issue.  Himself and Dr. Kissoon seem to be reading from the same script; “silence is the way, let time pass by so that the matter will fizzle away”.  Clearly, Mr. Nadir is forgetting that history is being written and his sordid behaviour will be for posterity for all his generations to see, similar to that of the Chair of GECOM.

Precedent in such has been already set as exemplified by former speaker of the house, Mr. Ralph Ramkarran SC, who on receiving a similar letter of recall from former opposition leader and representative of the list Mr. Robert Corbin in the past, declared the seat vacant and Mr. James McAllister (former PNC MP) as no longer a member of parliament.  Surely Mr. Nadir must know of this.  Exactly what is his motive for the dereliction of his duty is open for all to cast aspersions.

In the meantime, Dr. Kissoon continues to reap the plushy benefits of being an MP and Deputy Speaker of the House (a fat salary and access to Parliament).  ANUG, the party which was supposed to go second but in good faith allowed Dr. Kissoon to go second is shut out from sending a representative to parliament to represent the more than 2200 persons who voted for them.  How could a party with at least 3-4 very prominent lawyers allow Dr. Kissoon “a hustler” to outwit them, is as astounding as the issue itself.  Why have they not taken any legal means to have the matter addressed? Is it lack of interest, fortitude or is there some hidden agenda at play?  Could ANUG have known that they have no legal standing in this entire ordeal and as such the reluctance to push forth with any other means of redress?  Are they hoping for Dr. Kissoon to have a change of heart or for Mr. Nadir to finally wake up out of his slumber and do his job, handing the seat on a platter to ANUG?  Clearly with a candidate long selected and publicly announced ANUG was hoping to go to parliament.  Have they accepted defeat?

Finally, what about the fourth estate?  Have they also grown fed up of this never-ending saga and as such refuse to investigate thoroughly who is at fault and ask them the hard questions, pressing them for answers?  What about the representatives of those countries/organizations that profess democratic norms?  Are they taking note of what is happening in Guyana where the rule of law seems to be selectively adhered to?  Only as recent as August 2, 2024 U.S. Trade Representative Ambassador Katherine met with Dr. Asha Kissoon, among other opposition party leaders to discuss areas of mutual interest related to trade between Guyana and the United States.  Clearly the rep had no issue being seen in a photo op with someone who is illegally squatting in our parliament and representing no one but herself.  Is that acceptable?

As a Guyanese who voted for a small party in 2020 (LJP) the behaviour of Dr. Kissoon and inaction of Mr. Shuman during his stint has left a bitter taste in my mouth, Why should I trust third parties again after the debacle of the AFC of past and now the TNM and LJP.  The only third party that seems to maintain some level of independence is ANUG, but even their inaction on this issue shows their lack of fight when it matters most and toothlessness in politics.   Why should I give them my vote in 2025 if they happen to be on the ballot?  My dilemma is shared by a sizable portion of the population who seem to be left with no choice but to vote for one of the big parties.  Even the resurgence of the AFC under its new leader and his forays around the country must be viewed with suspicious lens.  After all, once bitten twice shy, goes the refrain. Guyana needs a third party with leaders of unquestionable character who are willing to fight for the people and not look to use politics as a means of achieving personal fortunes and fiefdoms as is the norm.  Will those leaders step up, or must we continue with the Nortons’, Trotmans’, Shumans’, Kissoons’ and the failures of time past? The clock is ticking.

Respectively Yours,

Dale Agard

Former LJP Supporter.

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• Dale Agard, Deputy Speaker, Dr. Asha Kissoon, Former LJP Supporter., National Assembly

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