At her swearing in as Chair of Gecom on July 29, 2019, Justice Claudette Singh said that she will follow the law. But what is the law? Elections by September 18? The Supreme Court certainly thought so. In order to correct misreporting in connection with preliminary deliberations in the matter of Christopher Ram v Chief Election Officer and others, the Supreme Court of Judicature Protocols and Communications Unit issued a Press Release on Wednesday 24 July which said: “The High Court confirmed that the Chief Justice (ag) stated that the consequential orders of the Caribbean Court of Justice (CCJ) indicate that elections should be held by September 18, 2019, or such longer period as the National Assembly determines.”
This view accords with the judgments of the CCJ in the consolidated appeals on the no confidence motion in which the CCJ gave its judgment on June 18 and consequential orders on July 12. In its July 12 decision the CCJ said: “Given the passage of the no confidence motion on 21 December 2018 a general election should have been held in Guyana by 21 March unless a two thirds majority in the National Assembly had resolved to extend that period. The National Assembly is yet to extend that period. The filing of the court proceedings in January challenging the validity of the no confidence vote effectively placed matters on pause, but this court rendered its decision on 18 June 2019.” No deconstruction of this statement is necessary to conclude that the CCJ is saying that time, which was paused by the court actions, began to run once again on 18 June 2019.
The Caribbean Court of Justice (CCJ) has ruled in two of the most important constitutional cases that have engaged its attention in its ten-year history. The cases from Guyana have their origins in Guyana’s troubled political history and struggle for ethno-political dominance. In the first case the CCJ decided that the appointment by President Granger of the Chair of the Elections Commission on October 19, 2017, violated the Constitution. In the second case, it decided that the no confidence motion passed in the National Assembly on December 21, 2018, in a 33 to 32 vote, was lawful and valid.
President Granger declared that the Government accepted the decision but insisted that the appointment of the Chair of GECOM was not flawed, and if it was, the CCJ must let him know what the flaw is. The CCJ had already noted that President did not reveal what were the flaws in the 18 names presented to him by the Leader of the Opposition for appointment as Chair of the Elections Commission. In any event, courts do not respond to political interrogation, and it is the job of the Attorney General to advise His Excellency.
The meetings last week between the President and the Leader of the Opposition and the President and the Guyana Elections Commission, did not yield a solution to the impending constitutional crisis that has been dominating the news in recent weeks. Maybe the President and his Attorney General do not believe that a constitutional crisis faces Guyana on March 22. Both have said that according to article 106 of the Constitution, the President holds office until the next President is sworn in. They have purposefully ignored that a no confidence motion was passed in the National Assembly on December 21 and that the new president must be elected in three months, unless that time is extended by a two-third majority.
But this issue has now gone beyond what the constitution says and means. The President’s failure to fix a date for elections is because APNU+AFC intends to remain in office for as long as possible. This is aided by the majority on the Guyana Elections Commission who have voted, and will no doubt continue to support, a new registration exercise. A nation-wide, house-to-house, registration exercise will last into next year. If APNU+AFC’s effort to hold political power succeeds, it will hold elections between May and August next year, when its term of office would have otherwise lawfully ended. Having been caught flat-footed by the no confidence vote, it lost time, which it now seeks to unconstitutionally regain, to put systems in place to win the elections. This clearly is a matter of political life and death and explains the tenacity of its efforts.
The statement issued by the Bar Council of the Guyana Bar Association during last week quoted a dictum of the Chief Justice (ag) in the case of Attorney General of Guyana v Dr. Barton Scotland, Mr. Bharrat Jagdeo and Mr. Joseph Harmonas follows: “I hold that the NCM [no confidence motion] was carried as the requisite majority was obtained by a vote of 33:32. The President and the Ministers cannot therefore remain in Government beyond the three months within which elections are required to be held in accordance with art 106(7), unless that time is enlarged by the National Assembly in accordance with the requirements of the said art 106(7).”
President Granger responded at a political rally at Vreed-en-Hoop, that he remains President until a new president is sworn in. The President made no reference to elections. Minister Harmon clarified on Friday afternoon that a date will be fixed for elections when the court cases are completed. He gave no indication that the March 21 deadline for the Government to remain in office will be adhered to. It therefore appears that the Government intends to remain in office, even after March 21, if the cases are not over, which is very likely. After March 21, the Government will be illegal. It will not be entitled to hold office, not entitled to make decisions, not entitled to enter contracts, not entitled to convene the National Assembly, not entitled to pass laws and not entitled to fix a date for elections.
The Leader of the Opposition, Mr. Bharrat Jagdeo, issued an invitation to President Granger to debate race, in the context of which political party in government has done more for African Guyanese. The immediate issue was the rejection by the casting vote of the Chairman of the Elections Commission of Vishnu Persaud as Deputy Chief Elections Officer, which the Leader of the Opposition described as ‘unfair.’ The issue spawned accusations and counter accusations of racial discrimination.
The KN reported on Mr’ Jagdeo’s challenge as follows: “I am prepared to debate race relations and which party has contributed to worsening race relations in Guyana. I can talk to him (President Granger) about this fallacy and the myth that they keep perpetuating that they have done more for Afro-Guyanese than the PPP…” He stated that he is prepared to match the record of the People’s National Congress between 1964 and 1992, and then from 2015 to present as against the PPP’s 23 years in office… According to Jagdeo, the debate can be on several grounds, including employment practices, access to wealth, land and businesses… “I am sure that you will see a pattern with Afro-Guyanese having fared better in that period under the PPP than ever under the PNC rule. I am prepared to debate that openly.”