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.
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.
Since it became known that Dr. Steve Surujballi will be retiring shortly as Chairman of the Elections Commission, popularly known by the acronym, GECOM, there has been a flurry of activity in connection with the appointment of a new Chair. The Opposition has written to Minister Joe Harmon. The Leader of the Opposition announced that he would be engaging in wide consultations, which is a positive step since some of the bodies he mentioned have been critics of the PPP from time to time. Mr. Harmon indicated that the President has written the Leader of the Opposition and has triggering the process.
The process by which the Chair is appointed is provided for by the Constitution. In 1991 Dr. Cheddi Jagan, then Leader of the Opposition PPP, refused to accept the continuation in office of Chairman of GECOM, Sir Harry Bollers. President Carter persuaded President Hoyte to retire Chief Justice Bollers and asked Dr. Jagan for six names, which would be acceptable to President Hoyte, from whom he would choose one to be the new Chair. Among the persons searching for names were myself and Miles Fitzpatrick.