When Justice Claudette Singh was sworn in, she reminded us that when she was on the bench she was dubbed “The Iron Lady.” The newly appointed Chair of Gecom obviously intended to convey to the public that she was a decisive person, who tolerated neither nonsense nor delaying tactics. It was a clear indication that she intended to sweep away the cobwebs of obfuscation, chop a path through the forest of gridlock using “the law and nothing else”- her words. Now is the time. Gecom, over which Justice Singh has a decisive, one vote authority, must not be allowed to dance to the tune of delay, which everything that has happened since December 21 is about. There is probably no democratic country in the world in which a no confidence vote was passed against the Government that has failed to hold elections after eight months. And our argument in Guyana is on the list of electors.
In countries with a Westminster constitution as a significant characteristic, as in Guyana, where the executive sits in the Parliament, there is a long-standing convention that when a no confidence motion is passed against the Government, elections are promptly held. In 2001 the Parliament accepted the recommendation of the Constitution Reform Commission to include article 106 in the Constitution to provide for elections in three months if a no confidence motion is passed. The Parliament must have taken into consideration that if there is no constitutional provision and a no confidence motion is passed, the Government might ignore it. The Parliament also provided for the resignation of the Cabinet. The obvious reason was to institutionalise the caretaker status of the Government by confining the Government to largely administrative functions until the elections are held. In the absence of the Cabinet no major decisions could be taken.
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.
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 legal adviser to the Elections Commission came in for some blistering, public, abuse by Commissioner Desmond Trotman, who referred to the young lawyer as practising ‘deceit.’ Apparently, the opinion she gave as to the law relating to registration of electors, was not to his liking, as it contradicted the position that he and his fellow Government-appointed Commissioners had been advocating. Ms. Excellence Dazell advised as follows: “I therefore advise that procedures be put in place to ensure the revision of the list, otherwise the Commission would be acting in defiance of the law….” Ms. Dazell argued that “based on (election laws), the list must be updated bi-annually by adding persons who are now qualified to be registered, to that list, and those who are no longer qualified to be registered, to be taken off that list….”
There are two laws that are mainly relevant to registration and elections. These are the National Registration Act and the Election Laws (Amendment) Act.