THE CCJ’S CLEAR PREFERENCE IS FOR A POLITICAL RESOLUTION


At the last two hearings of the cases before the CCJ, the clear preference was expressed by the Court for a political resolution of the NCM (no confidence motion) case. The Court, like everyone else, is fully cognizant of the political implications of any consequential order, especially having regard to the disputes over the voters’ list. At the last sitting of the Court, the President, Justice Adrian Saunders, expressed exasperation that the parties did not even meet, much less have discussions on the way forward. The Court is obviously anxious that what appears to be an explosively political matter should have a political solution which would satisfy all parties, rather than orders by the Court which may satisfy no one or only one. At the time of writing the President and Leader of the Opposition have not met.

The legal challenges by APNU+AFC initially appeared to be only a play for time. It was successful because the Government has obtained several additional months of life. More time is expected but even more is being demanded. A new voters’ list by house to house registration is demanded on the basis of vastly exaggerated and unproved claims about alleged defects in the list. These claims are that the list is bloated by 200,000 names and 18-year olds are not registered. This is the same list that was used for the recent local government (LGE) elections and there were no complaints. 18-year olds were extracted from the national register which registers persons from the age of 14 for the list used for the LGE. The same will apply for the voters list for new elections. Claims and Objections (C&O) will take care of any omissions. The latest play for time is that the list will not be ready until December 25. Both the 1990 and 1997 house to house registration took approximately eighteen months. On the evidence of the past, therefore, once house to house registration starts, there will be no elections until the end of 2020, if then.

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RAMJATTAN v NAGAMOOTOO [2019] AFC 1


As the general elections draw near, and the speculation surrounding the choice by the PPP’s of its presidential candidate is over, attention is now focused on the AFC’s choice of its prime ministerial candidate. The AFC apparently anticipates that there will be another coalition with APNU and that it will be offered the opportunity to choose the prime ministerial candidate. But no public indication has been forthcoming about the renewal of the coalition.

The Cummingsburg Accord, which is the foundation document for the coalition, has expired and the parties went their separate ways for the local government elections. Even if there is another coalition the prime ministerial candidate may well come from APNU. Amna Ally and Ronald Bulkan are available. APNU may well consider that the performance of the AFC at the local government elections, obtaining only four percent of the votes, does not qualify it for the prime ministerial slot. It could propose that the AFC now only deserves ministerial seats and far less than the forty percent agreed to in the Cummingsburg Accord.

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THE SECOND SUCCESSIVE LOCAL GOVERNMENT ELECTIONS IN 45 YEARS


Prior to the announcement of the date for local government elections, there was speculation, particularly in Opposition circles, that the Government would find reasons not to hold the elections. It was believed that the Government had performed so badly that it would suffer significant losses and would not want to expose its flank, now that general elections are only two years away. The announcement in July by the Minister of Communities, Mr. Ronald Bulkan, that local government elections will be held on November 12 killed that speculation. The more significant news came later. It was reported that APNU and the AFC could not agree on a joint slate for the elections and would be going to the electorate separately. The long term viability of the coalition was put on the table. But observers welcomed the opportunity that it would give some indication of the relative strengths of the political parties, not by the number of seats they win, because of the element of the first past the post system in the elections, but by the number of votes that they obtain. Caution would have to be exercised in such assessments because of the expected low turnout, unless polls are conducted to determine the percentage turnout of supporters of each of the three contesting parties. Polls such as these complicated and are not conducted in Guyana.

The campaign has not met with great public enthusiasm. The coalition has suffered criticism from a poor economy, reports of corruption and bad governance for the Auditor General’s Report and the absence of President Granger, who has been receiving medical attention in Cuba over the past two weeks. Prime Minister Moses Nagamootoo, known as a dynamic election campaigner while in the PPP, has had to concentrate in rejuvenating the flagging fortunes of the AFC, which has been receiving very small attendances at its public meetings. It might well be that these factors will result in an especially low turnout of the governing parties’ supporters and will suppress their overall results. PNC/PNCR/APNU supporters have traditionally stayed away from the polls since the 1979 Referendum when wishing to express their disapproval.

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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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LOCAL GOVERNMENT ELECTIONS

Against the background of the passage in the National Assembly of the Local Authorities (Election Amendment) Bill, not yet assented to by the President, which provides that local government elections be held by August, the Chairman of the Elections Commission, Dr. Steve Surujballi, announced that the Elections Commission is ready to ‘go into election mode’ as soon as the date for local government elections is fixed. This ends speculation about GECOM’s readiness. It also challenges the Government’s position on the holding of local government elections. Minister Rohee’s statement that GECOM is not ready is not tenable. Minister Whittaker’s view that the people are not ready has been an age old excuse for the withholding of democracy and lacks credibility.

APNU has seized the opportunity which opened up by GECOM’s announcement to call on the Government to fix a date for the elections. ‘The clock is ticking,’ said APNU’s Chair, David Granger.

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