Dear Editor
Now that the Chief Justice has given her ruling on August 14th, 2019, democratic and progressive-minded Guyanese have been vindicated on several counts once again by a judicial authority:-
– Elections were due three months after the passage of the no confidence motion on December 21, 2018 in accordance with article 106 which was immediately engaged; the date was not extended by a 2/3 majority of members of the National Assembly;
– Whilst the House to House registration by and of itself is not unlawful or unconstitutional, the removal of names from the National Register of Registrants based on persons not being home, overseas etc, and scrapping of the National Register of Registrants, as being done by GECOM, is illegal;
– the House to House registration cannot deregister people who are already on the National Register of Registrants, and, therefore, those already on the November 12, 2018 voters’ list do not need to register at House to House registration again;
– There is no residency requirement for Guyanese to be on the National Register of Registrants and persons’ names ’cannot be removed unless they die or are no longer Guyanese, except Commonwealth citizens who are here for one year;
– The CJ mentioned several times that the voters’ lists can be refreshed by other means as provided in law such as claims and objection;
– The Guyana Election Commission must now choose options available to it by law to verify and refresh the Voters’ list taking into consideration the context that elections were due since March 21, 2019.
Madam Chief Justice (ag) Roxanne George-Wiltshire ruling on August 14th in no way deviated from the Constitution, neither the CCJ ruling of June 18th nor its July 12th consequential orders.
The President has not abided with the Caribbean Court of Justice and continues to violate the Guyana Constitution. The President has not acted since December 21, 2018 to name a date for elections.
Today is 239 days since the passage of the NCM on December 21, 2018, or 7 months and 27 days.
Today is 149 days since March 21 2019 or 4 months and 27 days when elections were due according to article 106 (6) and (7).
Over the last eight months, GECOM refused to prepare for elections. In actual fact, it is the Patterson-led GECOM that has been an integral part of the subversion of constitutional rule in our country. This is the first time that elections have not been held within 90 days from the date of dissolution for general and regional elections in 1992, 1997, 2001, 2011, and 2015, and the Local Government Elections of 2016 and 2018 as required by the constitution and statutes. The difference with a No Confidence vote is that the three months period starts on the day that the vote was passed in the National Assembly, and, not from the time the President dissolves the Parliament and the Regional Democratic Councils under normal elections.
There is a new Chairperson, retired Justice Claudette Singh, and it is hoped that the now fully constituted Commission shall right the injustice done to the Guyanese people over the last eight months and abide with alacrity with the constitutional provisions of article 106 as exhorted by the Caribbean Court of Justice on July 12, 2019.
Here is what the CCJ said “The judiciary interprets the Constitution. But, as we intimated in our earlier judgment, these particular provisions {article 106(6) and (7) } require no gloss on the part of the Court in order to render them intelligible and workable. Their meaning is clear and it is the responsibility of constitutional actors in Guyana to honour them. Upon the passage of a vote of no confidence, the Article requires the resignation of the Cabinet including the President. The Article goes on to state, among other things, that notwithstanding such resignation, the Government shall remain in office and that an election shall be held “within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine”…
The CCJ then went on to state that “The Guyana Elections Commission (“GECOM”) has the responsibility to conduct that election and GECOM too must abide by the provisions of the Constitution.” { that is elections within 3 months as per article 106 (7) }
Following the August 14th 2019 ruling by the Chief Justice, we can logically deduct that this House to House registration–which has insisted that people already registered had to be reregistered– has been a colossal waste of hundreds of millions of dollars, and, most important, time. Time which has been arrogated by the President and his government for an additional 149 days and counting past March 21, 2019 when elections should have been held. This wasteful and redundant expenditure and exercise must stop immediately.
The Patterson-led GECOM did everything to ensure that no preparations for elections were commenced prior to March 21, 2019, instead preparing for House to House registration in the said month; this is a travesty that has whittled away the confidence of the people in the Guyana Elections Commission. An issue the new Chairperson and Commission must address urgently in order to win back the confidence of the electorate and it must do so quickly.
The figures, which we have been receiving in dribbles from GECOM with no breakdown by region or by any of the 29 Registration Centres, has not and will not imbue confidence.