The Peoples’ Progressive Party went to extraordinary lengths over ten months to find eighteen Guyanese willing to agree to have their names submitted to the President of Guyana for consideration to be appointed to one of the most difficult, controversial and thankless of jobs – Chair of the Elections Commission. Of the last six names submitted, two immediately leap out for consideration. Retired Major General Joe Singh was the highly respected Chief of Staff of the Guyana Defence Force and was a former Chair of the Elections Commission for the 2002 elections, which were credibly held. Attorney at Law Teni Housty is a well-respected, well-qualified, senior, experienced, lawyer and former President of the Guyana Bar Association. Many of the other nominees are also well qualified but no one can seriously assert that the political persuasion of either of these gentlemen, if any, would influence their decisions. Many observers expected, or at least hoped, that President Granger would find suitable persons from the last six.
The PPP has announced that it will mount a constitutional challenge to the President’s appointment. The best time for this was after the President had rejected the first six names and in doing so had suggested that the names should be of only judges, former judges or persons qualified to be judges. The results of the case which was filed after the Leader of the Opposition had submitted a second set of names, showed that it could have been possible to obtain an order from the court directing the President to choose a name from that first six. The Leader of the Opposition having submitted two further sets of six names, each at the invitation of the President, for understandable reasons, has deprived him of the opportunity of having an order in relation to the first six names.
October 5 will forever be remembered in the history of Guyana as the date when a short-lived democracy was restored. Our freedom was obtained on May 26, 1966. The period of formal democracy lasted from 1966, until 1968 when it was crushed by rigged elections.
The rigging of the 1968, 1973, 1980 and 1985 elections have been fully documented elsewhere. But the entire gamut of manipulative techniques was employed. Laws were passed that removed all but the formal powers of the Elections Commission and handed over the management of the elections to the Chief Elections Office. The free press was destroyed and Parliament unrepresentative. But opposition to the rigging of elections never subsided.
(Speech to New York Diaspora 8th October, 2017)
October 5 will forever be remembered in the history of Guyana as the date when a short-lived democracy was restored. Our freedom was obtained on May 26, 1966, after a ‘fiddled constitutional arrangement,’ as described by Harold Wilson, former Prime Minister of the UK, when he was Opposition Leader. The constitutional arrangement was fiddled for the 1964 elections by the imposition of proportional representation, but there was no claim that the elections held in 1964 had been rigged. Nor was there any such claim in relation to the previous elections held in 1961, 1957 and 1953, all won by the PPP. The period of formal democracy lasted from 1966, the year of Independence, until 1968 when it was crushed, when the elections were first rigged.
The rigging of the 1968, 1973, 1980 and 1985 elections have been fully documented elsewhere and there is no need for me to set out the details. But I should remind you that the entire gamut of manipulative techniques was employed. Among them were overseas voting by non-existent persons, padded electoral lists in Guyana by non-existent and deceased persons, multiple voting, proxy voting, postal voting and ballot box stuffing. This was accomplished by removing the bottoms of the wooden boxes which were nailed in, removing the genuine ballots, stuffing the boxes with false ballots and nailing in the bottoms of the boxes. After the 1992 elections the PPP was told this by several persons who had participated in these events.
The first elections under universal adult suffrage was held in British Guiana on April 27, 1953. It was won by the Peoples’ Progressive Party which had been formed in 1950 during an era of anti-colonial upsurge in the British Empire, particularly in South Africa, Malaya and Kenya. Cheddi Jagan had expressed solidarity with the anti-colonial struggles in these countries in his speech at the opening of the Legislative Assembly on June 17, 1953. Many at that time, and for the rest of his political career, would have preferred that he remain silent about the foreign domination and oppressed.
The government lasted until October 9, 1953, when the constitution was suspended and the government removed from office. The historical background and secret communications surrounding this traumatic event has been well researched and publicised. The Government held office at the sufferance of the British Government whose local representatives were merely watchful and cautious. But anti-communist agitation by leaders wedded to colonial privileges, perfidiously exploiting the hysterical atmosphere created by the Cold War, one of whose architects, Winston Churchill, was the Prime MInister, resulted in the suspension of the Constitution. History has already delivered its judgment on the events of 1953 and the leaders of the PPP, but profound and relevant lessons remain for the Guyanese people.
For more than twenty years the task of choosing a chairperson of the Elections Commission (GECOM) was without controversy. With the resignation of Dr. Steve Surujballi the President invited the Leader of the Opposition to submit a list of six, not unacceptable, names under article 161 of the constitution, which was done in December, 2016. The article requires the chair to be a judge, a former judge or a person qualified to be a judge (the “judge category”) or a fit and proper person. The President rejected the list in its entirety. He first suggested that only a person in the ‘judge category’ could be appointed but later amended that to indicate that preference must be given to the ‘judge’ category. The President also stated that all the names on the list must be acceptable and if one is not, he is entitled to reject the entire list.
At the invitation of the President, the Leader of the Opposition submitted a second list. This was also rejected by the President. The Leader of the Opposition continued the policy of engagement and indicated that he will submit a third list. However, by that time, Mr. Marcel Gaskin, of a new organization called RISE, formed to promote constitutional reform, brought legal-constitutional proceedings seeking answers to four questions. These were: whether the list must include a judge, former judge or person qualified to be a judge; whether the President must state reasons for deeming each of the six names unacceptable; whether the President is obliged to select a person unless he has decided that the persons are unacceptable; whether one person being unacceptable renders the whole list unacceptable. The Guyana Bar Association, entered a case as amicus curiae (a friend of the court) and made submissions. The case was heard before Chief Justice (ag) George-Wiltshire, who announced an oral decision on July 17. The 33-page written decision became available last week.