There should be by-elections in the local authority areas where there were deadlocks in the elections for the chairpersons, former chairman of the elections commission Edward Hopkinson says.
“The same thing that happened in 94 should happen, there should be fresh elections,” he told Stabroek News when contacted on his views on the stalemates. After local government elections in 1994, when Hopkinson was chairman of the elections commission, there were by-elections to elect the chairperson and vice-chairperson of three Neighbourhood Democratic Councils (NDCs) following a deadlock at the council level.
A similar situation has resulted in six local authority areas for this year’s LGE but Minister of Communities Ronald Bulkan stepped in and controversially appointed the chairpersons. Others are also of view that there should have been by-elections and the opposition PPP/C has challenged Bulkan’s decision in court.
Hopkinson told Stabroek News that it was the view of the entire elections commission in 1994 that there should be fresh elections in the deadlocked areas. All the commissioners from both sides of the political divide agreed, he said while recalling that he personally went up to Mabaruma at the time. “The entire commission in 94 agreed that it (fresh elections) should happen,” he emphasised.
Stabroek News had reported that following the August 8, 1994 local government elections, there were ties in three NDCs namely Soesdyke/Huist Coverden, Gibraltar/Fyrish and Mabaruma/Kumaka/Hosororo. In all three of these areas, equal numbers of seats on the 18-member councils were secured by the PPP/C and community groups which contested the polls. As a result, fresh elections were held for the chairperson and deputy-chairpersons of the three NDCs.
This year, following the March 18 local government elections, there were ties at the council level in one town, Mabaruma, and five NDCs namely Woodlands/Bel Air, Malgre Tout/Meer Zorgen, Gibraltar/Fyrish, Industry/Plaisance and Woodlands/Farm. After two votes, the councillors were unable to elect a mayor in the case of Mabaruma and chairpersons in the case of the NDCs.
However, Bulkan stepped in and appointed the chairpersons of six local authority areas. A number of persons have pointed out that the particular piece of legislation that provides for by-elections has not changed and there should be fresh elections. Among others, Senior Counsel Ralph Ramkarran has said it is clear that the legislation provides for by-elections by voters and Leader of the Opposition Bharrat Jagdeo has also called on the Guyana Elections Commission (Gecom) to take action in this regard. Gecom has been silent on the matter despite repeated attempts by Stabroek News to elicit a comment.
Attorney General Basil Williams has said he is “unaware” of the by-elections in 1994 and both he and Bulkan have argued that it is clear from a reading of the entire local government legislation that the framers never intended for the electorate to directly elect a mayor. Even if this could be done, Williams had said, it would take “four to five months.” In 1994, the run-offs were done in a matter of weeks, following the holding of the first meeting of the council.
The PPP/C has moved to the courts to challenge the appointments and Justice Diana Insanally has granted an interim order quashing Bulkan’s decisions.
In a letter to Stabroek News published on Thursday, Bulkan said the appointments of council leaders was done to ensure that the work of those councils could begin.
