ALL EYES ON GECOM


The Chief Justice ruled last week in the case brought by Christopher Ram in connection with the house to house registration that it is unlawful to remove names from the registration list during the current exercise merely because they are not present at the addresses or had migrated. The stated objective of the house to house registration was to remove the names from what was described as a list ‘bloated’ by 200,000 names. It was not quite clear how the ‘bloating’ occurred, or how the figure of 200,000 was conjured up, but it was assumed that these were persons who had died or migrated.

The Attorney General described the decision of the Chief Justice as a “statement” regarding the removal of persons from the National Register of Registrants and as more like a “suggestion” to the Guyana Elections Commission. It is not an “order,” he said, and the Chief Justice could not have intended to direct GECOM. This must be a hint to GECOM that it can ignore the Chief Justice’s decision and continue the house to house registration.

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FAIR COMMENT ON A MATTER OF PUBLIC INTEREST


In English law, fair comment on a matter of public interest is allowed. Generally, it guarantees the freedom of the press to make statements on matters of public interest, as long as the statements are not made with ill-will, spite, or with intent to harm the subject of the comment. For decades, English courts have placed a higher burden on public figures to prove defamation, which includes both libel and slander. This is based on the view that if a person chooses public activity, that person must expect a higher degree of public scrutiny. For example, it is hardly likely that an English court will countenance a defamatory intent against a public figure where an allegation of conflict of interest is made on facts which are essentially true but could be capable of a more generous interpretation.

Fair comment is an ancient common law (judge made law) defence. But it was replaced in the Unites States in 1964 by a defence created in the case of New York Times v Sullivan in which the US Supreme Court decided that actual malice has to be proved to establish defamation. Since it is very difficult to prove actual malice in a journalist or a politician in the cut and thrust of journalism or politics, public life in the US has been largely liberated from the fear of defamation. While the defence of fair comment remained in the U.K. it was increasingly found to be too restrictive for adequate scrutiny of public officials. The courts of the UK have never adopted New York Times v Sullivan but began to test a more liberal approach to criticisms of public officials.

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STILL TIME FOR CONSTITUTIONAL REFORM


President Granger’s address to the National Assembly completely omitted any reference to constitutional reform.  Since a budgetary provision was made, the Guyanese people were entitled to be told what legislative initiatives to expect from the Government.   

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THE FAMILIAR RING OF THE ELECTIONS SEASON


Local government elections are to be held on November 12. With it, the never-ending stream of suspicions emerged as the Government established new local government units and merged others. The Opposition argued that these were done to give an advantage to the Government and the Opposition, through one of its representatives, promptly launched legal proceedings. This event provided the explanation for the ‘disappearance’ of the Chief Elections Officer, Mr. Keith Lowenfield, on one of the most critical days of the elections process, namely, the day after the submission of lists, when corrections have to be made and defects rectified.

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CHARLES RAMSON (JR) DECLARES FOR PPP PRESIDENTIAL CANDIDATE

Charles Ramson (Jr) recently announced that he would seek the PPP’s nomination to be its presidential candidate for the 2020 general elections. That’s not the way it’s done, admonished General Secretary Bharrat Jagdeo. At the appropriate time the party will have a discussion on the matter and the candidate will emerge, he explained.

Ramson’s announcement was made immediately after the CCJ ruled that the two-term presidential limit did not violate Guyana’s constitution, thereby ruling out former president Mr. Bharrat Jagdeo for a third term, for which the PPP would have nominated him. Mr. Ramson clearly wanted his name to be placed among those under consideration before an anointment is made. He joins (in alphabetical order), Irfaan Ali, Frank Anthony and Anil Nandlall who have been identified by observers as being the persons from whom a ‘choice’ will be made. While no one has yet emerged as a ‘front runner,’ it could well be that one among the three has already been identified. If this is so then Ramson’s may possibly have been seen as an intruder, prematurely disrupting what might have been a carefully orchestrated selection process.

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