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GECOM DEADLOCKED …chair awaits Azruddin’s picks to fill opposition seats
…Alexander contends PNC commissioners there for life
(Kaieteur News) – The Guyana Elections Commission (GECOM) is paralysed in a bitter deadlock as Chairman, Justice Rtd, Claudette Singh refuses to convene meetings, insisting that the commission cannot function until a new leader of the opposition is appointed and submits three nominees under Article 161.3B. However, lead PNCR commissioner Vincent Alexander, is pushing back, asserting that his appointment is for life and does not require removal despite the shift in Parliament, further entrenching the stalemate.
GECOM Chair Justice (ret’d) Claudette Singh
The September 1, general and regional elections for the first time in history of Guyana’s politics resulted in the emergence of a new main opposition. The Azruddin Mohamed-led We Invest in Nationhood (WIN) party has won 16 seats in the National Assembly while A Partnership for National Unity (APNU) has become a minority with 12 seats.
As such, Chairperson of the GECOM, Justice Singh told this publication any business of the commission will have to be conducted after the convening of Parliament. The GECOM Chair sought to clear the air on recent allegations made APNU appointed commissioners. APNU commissioners had raised concerns over her refusal to accede to their request for a meeting.
APNU commissioner, Vincent Alexander had explained in a letter that the chairman had denied a request to meet with commissioners on issues related to the declarations of the results of the recent national polls. The opposition commissioners are of the view that declarations were not made in accordance with the established procedures of GECOM and the laws of Guyana.
However, Justice Singh said that her stance is in keeping with the provision found in Article 161(3) (B) of the Constitution. “We have had new elections and remember there is a new opposition. It’s not APNU anymore in power, there is another opposition in place; WIN which has the majority of 16 seats,” Justice Singh said alluding to the Constitution. The Chair continued: “When Parliament has convened then the Opposition Leader will have a chance to choose who his commissioners are that’s all I said and they don’t want to accept that. I am only acting in accordance with the constitution.”
Article 161 (3) (B) of the Constitution in relation to GECOM states: “Three members to be appointed by the President in accordance with the advice of the opposition leader tendered after meaningful consultation with non-governmental political parties represented in the National Assembly.” “So, we have to be careful and act in accordance with what the constitution says,” the GECOM chair stressed.
Opposition Commissioner, Vincent Alexander
Further, Justice Singh debunked claims made by APNU commissioners that their appointments have no term limit. She clarified there in no such thing as a lifetime appointment for GECOM commissioners. “I don’t know where they got that from because when you read Article 161 (3) (B) I don’t believe you get that? … So they need to say where they got that from…” she posited, adding that she is very aware of what the constitution states in regard to this subject.” “I know about this constitution, I was in the AG’S chambers and I worked with Dr [Mohammed] Shahabuddeen with that Constitution so I’m fully aware of it. Maybe somebody told them that, but it’s not in the Constitution…As you know the constitution is Supreme law, so no other law overrides that any law would be inconsistent,” the GECOM Chairman asserted.
Notwithstanding the constitutional reference, Alexander is adamant that while he can’t deny that the elections resulted in some unprecedented changes to Guyana’s political structure: “when she says she has to wait on Parliament she is inferring that commission is not presently constituted because there is a new leader of the opposition and the leader of opposition according to the constitution is the person who nominates the persons for appointment by the President…even if she is right, but she cannot take action on the assumption that there will be a new leader of opposition. The fact of the matter is there is no new leader of the opposition.”
Alexander is of the view that GECOM chair contention should apply to the entire commission. He contended “If she is saying that there is a new leader of the opposition and therefore GECOM is not properly constituted, she herself is a nominee of that leader and so if she is saying that we call for meetings because GECOM is not properly constituted. Then, she herself cannot act in any capacity because her appointment takes a similar approach to our appointment. So that is the issue.”
Alexander is of the view that only a change in the laws can rectify the situation at GECOM. He posited that constitutional provision on the appointment of commissioners cannot be read in isolation. “It has to read with articles 226 and 225 which indicate that there is no term limit for commissioners…”Alexander argued.
He noted in order for changes to take place in the appointment, the laws will have to be amended. “I have no problem with this. I was saying they will have to amend the law. The law as it is presently read does not provide for us to step down that’s how I presently see it. I have said in the past, I think the way how our commission is constituted is not good…I agree that there should be a change but not to just remove commissioners but it should provide for commissioners that are more unbiased,” Alexander contended.
Meanwhile when contacted, Government appointed GECOM Commissioner Sase Gunraj declined to make any comment on the issue. He said “I have not read any of the correspondence in detailed so I will not be able to comment on the matter at this time…”
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THE BLUNT OF THE DAY
Sports
Features/Columnists
Sir. Ronald Sanders
The GHK Lall Column
Weekend Cartoon
Those Gecom Opposition Commissioners positions are too lucrative for those
3 Amigos.
When there were meetings, these 3 Amigos decide not to show up, or just
UP, TAKE A HIKE just to stall.
My advise to these 3 Amigos: TAKE A HIKE PERMANENTLY, that is not
a LIFETIME appointment- a job, responsibility, they miserably failed at.