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.
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.
In the critical years of the 1970s and 1980s, three major issues engaged the attention of my political colleagues – restore democracy, advance social progress and avoid civil strife. We firmly believed that Guyana could make no progress unless full democracy through free and fair elections were restored. Our analysis was that it was the lack of internal democracy that was responsible for what we then saw as the failure of the economic reforms in the 1970s and 1980s to lead to economic and social progress. The PPP saw this and gave a lifeline to the PNC more than once. The most notable was the National Patriotic Front under which, after free and fair elections, the largest political party would take the prime ministership and the second largest the executive presidency. The PNC would not hear of it. Even if democracy had not been restored in 1992, developments in the world would have ensured that by today we would have been living in a democratic Guyana.
The victory of democracy in 1992 has resulted in substantial economic and social progress for Guyana. But this progress gave rise to other problems. The incipient problems of corruption and lack of transparency and accountability exploded, with little effort to resolve them. Also, the intractable issue of ethno-political domination was put aside because of the unremitting, and sometimes violent opposition of the PNC, as well as some degree of triumphalism within the PPP. Attempts to work through and resolve differences between the PPP government and Desmond Hoyte and later Robert Corbin failed. The PPP government was mainly responsible. When the real opportunity of embracing unity presented itself in 2011, the PPP did not even consider forming a coalition with APNU. The reticence today of both parties in embracing constitutional reform which would diminish the impact of ethno-politics is the next hurdle the Guyanese people have to overcome.
Since the retirement of Chancellor (ag) Carl Singh and Chief Justice (ag) Ian Chang, the issue of their replacement has been at the forefront of discourse, at least privately, in legal circles, but occasionally in the media. I myself have written about the issue once when I called on President Granger to appoint persons to fill the posts which had become vacant and had remained so for several months. I was quite pleased when the President made acting appointments of Chief Justice Yonette Cummings-Edwards as Chancellor (ag) and of Justice George-Wiltshire S.C. as Chief Justice (ag). Justice George-Wiltshire S.C. who was also subsequently appointed as an Appeal Court Judge.
These two acting appointments, which only required consultation with the Leader of the Opposition, were enormously popular in the legal profession. After some months as acting appointees, I can say with certainty that the anticipated performances of the Chancellor (ag) and Chief Justice (ag) have exceeded expectations amidst enormous challenges, which had commenced under the chancellorship of Carl Singh, not least among which are the implementation of the new Civil Procedure Rules, the establishment of courts with new jurisdictions for family and sexual offences, the appointment of additional judges and a building programme to house courts, magistrates and judges. I believe that this opinion is shared by the legal profession.
Minister Khemraj Ramjattan, of “Hall Yuh Ass” fame, responded to my article last Sunday, entitled, “To preserve itself, the AFC must resign from the Government,” with the following epithets – “nonsensical;” “vacuous chatter;” “idiotic;” “we are not going to block [the] chatterati;” “foolish;” “Ralph kept his mouth shut then he got shelved now he is talking plenty;” “if he wants to be a politician he should go form a party then know what it is;” “these fellas love to talk from a distance like parrot, you know parrot telling donkey how to bat but stays up in the tree, they want to stay up in the tree and not do the batting themselves, you write exactly what I say there.” Sadly, by succumbing to the temptation of the politics of abuse, Mr. Ramjattan exposes the inability of the AFC to answer serious questions about its political posture.
Would you believe that this was the same Khemraj Ramjattan who embraced me at the post 2015 election celebration at the Pegasus Hotel in congratulation for what he believed was my contribution to the victory of the APNU+AFC coalition? Well, he did. At the same event, Prime Minister Moses Nagamootoo thanked me in the presence of several persons. Now Minister Ramjattan is abusive and PM Nagamootoo uses the Chronicle to denigrate me.