It is with trepidation that I venture to write about an issue such as this, which invokes controversies from all sides. To deal with it realistically though, I have to reflect on another contentious aspect of our recent history, which continues to drive fear into the minds of a vast number of people. The results of the 1992 elections alone, ignoring all the other evidence, prove beyond any conceivable doubt that all prior elections in Guyana as an independent nation were rigged. The failure of the PNC to acknowledge that past, and its role in it, has left more than a lingering sense of suspicion in the minds of a large number of people. The suspicion is, that with the PNC once again in power, rigged elections are back on the agenda. Some PNC members, supporters and sympathisers don’t seem to understand this, or if they do, don’t care about it. Rigged elections in the past aggravated ethnic disharmony by creating the feeling in one section of the population that its vote was either being stolen or was worthless. Hence the controversy over employment practices at GECOM. I am not saying anything that is not widely known and accepted, although many would not wish to acknowledge it.
Guyana’s population has had decided preferences in terms of employment. We have always had African Guyanese tending towards employment in the state sector. In the private sector, they are mostly located in administration, rather than as entrepreneurs. Notwithstanding 28 years of PNC rule, during which African Guyanese were encouraged to go into business, followed by 23 years of PPP rule, during which Indian Guyanese were encouraged to seek employment in the state sector and particularly the security services, the essential employment preferences at the time of Independence has remained largely intact today. These employment preferences are rooted mainly in history.
I will stay away from the continuing controversies between the current and past Attorneys-General. To coin a phrase, when elephants rumble, it’s the insects in the grass who get trampled. I will likewise stay away from the merits or otherwise of the Chief Justice’s decision ordering the Minster of Legal Affairs to bring the Act into force. It is likely to be appealed and the Court of Appeal will decide. But why is the Judicial Review Act important to the public?
There is an area of law called ‘public law.’ While much law notionally exists for the protection of the public, ‘public law’ more directly protects the rights of the citizen in his or her relations with the state and public bodies or authorities by holding them to account. The instruments used by the courts in public law are of ancient origin, initially directed against the King, and are called writs of certiorari – to quash a decision, mandamus – to order something to be done, prohibition – to prohibit an act and the lesser known, quo warranto – challenging the right to hold an office. The writ of habeas corpus – ordering the production of a body, is linked to these. They are called ‘prerogative’ remedies issued by courts on the application of citizens for ‘judicial review’ to enforce their rights against the state or public authorities. Currently, these are the only remedies available in public law.
At the event marking the 100th Birth Anniversary of Cheddi Jagan sponsored by the Cheddi Jagan Research Centre, former President Bharrat Jagdeo expressed fears that the general elections due in 2020 will be rigged. President Jagdeo cited the circumstances leading up to the appointment of the Chair of the Elections Commission, namely, President Granger’s rejection of three lists of a total of eighteen names, and the President’s choice of Justice James Patterson. President Granger had the authority to appoint a judge, former judge or person qualified to be a judge, if he rejected the list of the Leader of the Opposition on the ground that the names submitted were not acceptable to him. It was a controversial departure by the President from the formula adopted in 1992, which had subsequently received constitutional imprimatur.
Rigged elections have had a long, known and sordid history in Guyana. Surprisingly, instead of leaving the past behind after the reforms of 1990-1992, it was the PNC that became the accuser, alleging that elections between 1992 and 2006 were rigged. Observers noted that 40 percent average it obtained from 1992 onwards, after the large majorities between 1968 and 1985 had to be explained. The rigging of the elections thereafter was the explanation, justifying the large majorities. But it might have been the symptom of the deeper ethnic malaise that afflicts Guyana, just as the PPP’s claims that the elections of 2011 and 2015, in which it received substantially less votes than before, were rigged against it.
It is not known whether the post of Commissioner of Police, which has become vacant with the retirement of now former Commissioner, Seelall Persaud, will be advertised to facilitate applicants from Guyana and the Caribbean, or will be ‘selected.’ President Granger implemented that policy in relation to the posts of Chancellor and Chief Justice, for which he had argued forcefully as Leader of the Opposition. It was productive because one such applicant was nominated for the post of Chancellor. Consistency demands that the position of Commissioner of Police be similarly advertised so as to attract the best qualified from Guyana and the region.
When appointed, the new Commissioner will recognize that without the cooperation of the public who provide information and intelligence, the capacity of the Police to solve crime would be severely diminished. It appears that such cooperation was significantly enhanced during the tenure of Commissioner Seelall Persaud. This saw a heightened crime resolving effort by the Police which deteriorated as soon as the Police came under public attack at the recent inquiry and the negative consequences of that inquiry. It is hoped that under new leadership the Police will revive its effort at good community relations which is recognized the world over as vital to crime-solving.
The basis of Guyana’s political outcomes has remained static for many decades. With deeply entrenched ethnic voting patterns, Indian Guyanese, originally constituting close to 50 percent of the population, would always have the upper hand. The two elections in 1957 and 1961 demonstrated to the African Guyanese political leadership that if it wanted political power, it would have to obtain it in coalition and later sustain it through electoral malpractice. And so, after the 1964 elections, in which the PPP obtained the plurality, the PNC and UF, together holding a majority of the seats in the parliament, formed a coalition government. The coalition ended in 1968 and the PNC resorted to electoral malpractice thereafter to maintain political power.
In 1957 the PNC merged with the United Democratic Party (UDP). The UDP, led by John Carter, a prominent lawyer of Mixed heritage, represented the interests of the Mixed and African middle and professional classes. At some point between 1973 and 1985 the support of these groups for the PNC started to wane. But it mostly returned with the election of Desmond Hoyte as President. These groups showed their electoral clout in 2006 when a section of it abandoned the PNC and supported the AFC. Many of these votes went back to the PNC after the election of David Granger as its leader, but it is believed that a significant number remained with the AFC. At the 2011 elections the APNU obtained 40.81 percent of the votes, much in line with its record in free and fair elections, and the AFC got 10.32. The AFC benefited from the loss of between 5 to 7 percent of its votes from previous elections. It obtained 48.60 percent.