Article 162 of the constitution sets out the functions of the Guyana Elections Commission. It says at 162 (1) “The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament; and, subject to the provisions (of) this Constitution, the Commission –
a) shall exercise general direction and supervision over the registration of electors and the administrative conduct of all elections of members of the National Assembly;
and
b) shall issue such instructions and take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of this Constitution or of any Act of Parliament on the part of persons exercising powers or performing duties connected with or relating to the matters aforesaid”.
While it is not subject to the dictates of the executive, GECOM is expected to scrupulously adhere to the tenets of the constitution as is evident in Article 162 and it has no wiggle room.
So, on December 21st, 2018, following the surprise passage of the motion of no-confidence against the APNU+AFC government, GECOM should have kicked into high gear. It needed to begin determining whether it would be in a position to run off elections in three months as Article 106 (7) mandates as follows: “Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the elected members of the National Assembly determine…”
GECOM’s constitutional responsibilities and preparedness have nothing to do with the flurry of legal challenges to the motion of no-confidence before the court. GECOM would only take notice of a ruling of the court if it pertained directly to the activities it was carrying out.
In the aftermath of December 21st, GECOM should have communicated immediately and directly to the public about its planning and preparations for elections in 90 days. There was no such communication. Further, there were no meetings of the Commission as its Chair, retired Justice James Patterson had been unwell and had his medical leave extended.
His return to GECOM last week appears to have made no difference to the Commission’s preparations for General Elections as evidenced by the outcome of the meeting on Friday between him and the parliamentary chief whips which had been sought by President Granger and Opposition Leader Jagdeo following their January 9th meeting on the December 21st motion of no confidence.
Though GECOM had has 34 days since the passage of the motion of no-confidence to prime its planning for the elections, it appears to have done very little. Chairman Patterson terminated the meeting on Friday without providing timelines for the process. The Chief Whips are now to report back to their leaders.
This is most unsatisfactory and Chairman Patterson must be held accountable for this debacle. The public sympathises with the Chairman over his recent ill health. He will no doubt, however, appreciate that given the likelihood of general elections very shortly that the burdens upon him and his health will increase significantly. If his health won’t stand up to these pressures then Justice Patterson is expected to take the honourable route and to step down from the post.
If Chairman Patterson is able to continue discharging his functions, he must be acutely aware that he enjoys the confidence of only one side of the electorate. The other half of the electorate has viewed his unilateral selection by President Granger with grave misgivings. Their fears are that Chairman Patterson has been installed by President Granger to undertake the intentions of the APNU+AFC government rather than discharging GECOM’s mandate fearlessly in a non-partisan manner and in full compliance with the constitution.
From all of their arguments and legal cases since the successful December 21st motion of no-confidence, APNU+AFC is clearly on a path to delay constitutionally mandated general elections for as long as possible. The outcome of Friday’s meeting between GECOM and the Chief Whips appears to be in accord with the government’s plan to not recognize the constitutional clock which has been ticking. Chairman Patterson must now ensure that all actions taken by GECOM and its elections machinery can overcome any perception of untoward alignment with the intentions of the APNU+AFC government.
Chairman Patterson and the Chief Election Officer, Mr Lowenfield must immediately provide to the public their timeline for the holding of general elections and whether it is possible in 90 days and if not why not.
Considering that local government elections were held on November 12, 2018, GECOM has at its disposal a large enough pool of trained polling day staff. It had handled Nominations Day and all the checking required of lists. It had a virtual dry run for the general elections and ordered elections materiel and distributed it countrywide without problems. It was able to run off voting without any known problems and have votes counted and the results transmitted. It therefore must identify clearly what would prevent elections in 90 days.
All of the talk that has emanated from APNU+AFC as it relates to the holding of house-to-house enumeration for a new list is pure fatuity. House-to-house enumeration is always desirable if you have the money and time. However, the constitution rules. It says elections in three months with an extension of the time frame only being possible if two-thirds of the National Assembly agrees to such. There would clearly have to be compelling grounds for this. In the meanwhile, Chairman Patterson and GECOM much show full recognition of the constitutional requirement and discharge their functions accordingly.
