Stressing that the current political situation should not cause “alarm or anxiety,” President David Granger said yesterday that there can be a good outcome if the judiciary, the Guyana Elections Com-mission (GECOM) and the National Assembly are permitted to function without interference as well as cooperation from the opposition.
In a pre-recorded address to the nation yesterday afternoon, the President made a commitment to play his part in ensuring “credible” elections are held as soon as possible.
With the March 21st constitutional deadline to hold elections just five days away, there is mounting uncertainty as to what will happen after the deadline passes. The opposition PPP/C has warned that they plan to keep the pressure on the government both locally and internationally, as after that date, it becomes “illegal.”
Stressing on the need for a credible electoral process, Granger said, “I expect that, with the advice of the Commission and with the support of the Opposition in the National Assembly, I shall be able to proclaim a date as early as possible for the conduct of General and Regional Elections.”
The president reminded the nation that he had written to the GECOM Chairman again, demanding the presentation of the commission’s ‘work plan’ and reiterating the government’s stance to doing everything possible to support the conduct of credible elections in the shortest time possible.
Granger noted that four concurrent processes – legislative, judicial, executive and electoral – which are enshrined in the Constitution, are essential to the lawful resolution of the “challenges of the present political situation facing the nation.”
Accordingly, he pointed out that public trust in the Elections Commission and confidence in its capability to deliver credible and timely elections will be enhanced by greater consensus within the Commission itself. This comment was clearly directed at the ongoing clashes between the government-nominated and opposition nominated commissioners. The two sides have failed to reach consensus on the matters the president wants addressed.
The last few statutory meetings and a ‘special meeting’ held on Thursday, came to an abrupt halt when the opposition commissioners walked out. Fresh controversy erupted on Thursday after it was alleged that a motion for house-to-house registration was declared passed after the opposition commissioners declined to participate in the voting process.
“Attempts at frustrating the Commission’s decision-making through walk-outs of meetings by Opposition-nominated Commissioners have been disruptive, dilatory and counterproductive to the agreement of a ‘work plan’ that could assure the nation of the Commission’s ability to hold credible elections within the shortest time possible,” Granger stressed.
The opposition-nominated commissioners have continuously accused the other commissioners of taking instructions from government and of colluding with GECOM chairman James Patterson.
Granger insisted that the government is committed to supporting the rule of law and respect for civil rights and will remain committed, also, to ensuring respect for the Constitution and the independence of the institutions of the state.
He again reminded all of his consultations with Leader of the Opposition Bharrat Jagdeo on January 9 and March 6, 2019. With respect to the latter meeting, he reminded that Jagdeo requested that the agenda be broadened to include setting an election date and to discuss other matters relating to the government’s role in the approach to elections. Granger said that that meeting did not go beyond the first agenda item after Jagdeo insisted on the
setting of a date for elections which “I was in no position to proclaim at that time.”
Collaboration needed
Granger noted that the resolution of the present political challenges requires collaboration. “I am prepared to do my part to ensure credible elections within ‘…the shortest time possible’ this year. The decisions which have to be made and the actions which need to be taken, however, are not mine alone,” he said.
An extension of the three-month deadline would require two-thirds majority support in the National Assembly. Jagdeo has repeatedly said that he will not be returning to the House for an extension beyond April 30th, which is when the current voters’ list expires.
“I rely on the Commission’s readiness, the provision of funds and the expansion of time to conduct credible elections by the National Assembly. I rely on the outcome of legal challenges by the Court of Appeal. I rely, also, on public confidence in the institutions responsible for executing these processes. They demand political cooperation, not confrontation,” Granger stressed.
The president reiterated that it is his desire that credible elections be held in the shortest possible time and, as such, will continue to ensure that government’s actions are consistent and are in compliance with the Constitution so as to assure citizens of a credible electoral process.
“I urge everyone not to be intimidated by incendiary insinuations aimed at instigating disaffection which could affect preparations for elections. I assure everyone that the Government will spare no effort to protect your fundamental rights and freedoms. Guyanese, I am confident that the path we have chosen is the best for the nation,” he added.
At the beginning of his address, Granger sought to allay fears and assure the nation that government’s actions thus far are lawful and necessary.
Since early January there has been no sitting of the National Assembly and no one has been able to say when the next sitting will be held.
However, Granger assured that the authority of the legislative branch is unimpaired and that the National Assembly remains in session.
“This is essential because, under the Constitution [at Article 106 (7)], the Assembly could be summoned to expand the time for conducting General and Regional Elections beyond the period of 90 days from the time of the no-confidence vote on 21st December 2018,” he said, before reminding that the Chief Justice made this point in her January 31 ruling in the case of Attorney General v. the Speaker of the National Assembly and the Leader of the Opposition. This case was one of three filed in the wake of the motion’s passage.
“The National Assembly, therefore, is still vested with the authority to provide the Elections Commission with the time and resources necessary for the conduct of credible General and Regional Elections,” Granger emphasised.
The Head of State insisted that the independence of the judicial branch has been respected.
“The Government’s legal right to appeal to the judicial branch to interpret certain issues relating to the no-confidence vote is enshrined in the Constitution. The legal challenges, in so far as the Government is concerned, were neither frivolous nor calculated to frustrate the implications of the no-confidence vote,” he said before adding that the Speaker of the National Assembly was asked to review his decision in light of the legal issues which arose as to the validity of the vote but declined to do so. The Speaker, he reminded recommended that “a Court of competent jurisdiction” be approached.
In this regard, he said that the Government’s legal actions can be viewed as a means of bringing “clarity and certainty” to the contentious issues which arose as a consequence of the no-confidence vote. He added that Chief Justice, in her rulings on these actions, issued certain declarations and while challenging aspects of those rulings, the government continues to “comply” with them.
“The Government is conducting its affairs in accordance with the Constitution and with respect for the rule of law,” he insisted. It is unclear when the Court of Appeal will hand down its decision. A total of five appeals were filed.
Government remains in office
Granger maintained that the competence of the executive branch is essential to the viability of the state and that the President and Ministers’ right to remain in office is provided for by the Constitution at Article 106(7).
This Article states: “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 votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”
According to him, the Constitution “contemplates continuity of the Government. There is no legal impediment that restrains the Government from exercising its functions or requires it to assume only ‘caretaker’ functions.” Jagdeo was among those who have claimed that the government has to take up a caretaker role until the conduct of an election following the passage of a no-confidence motion against it.
“The Government continues to protect the country’s borders, natural resources, sovereignty and territorial integrity and to fulfill its international obligations. Citizens will continue to be provided with public services at the central, regional and local levels to ensure their welfare. Life goes on,” Granger said.
Additionally, the president stressed that he is constrained from naming a date for elections without the advice and assurances that GECOM would be competent to conduct credible elections.
“Free and fair elections are essential to representative democracy. The credibility of elections, in turn, is dependent in part on the integrity of the Official List of Electors. A contaminated list can vitiate the credibility of elections,” he said before adding that the government side, during its engagement with the Elections Commission, gained the impression that, “considering the small size of the national population, the existing list of electors was ‘inflated’ and needed to be sanitised.”
In this regard, he said, it is the commission’s responsibility to determine how efficiently and how quickly this could be achieved.
Government nominated commissioner Charles Corbin had told reporters on Thursday that house-to-house registration will start on May 1 and conclude on October 31. He had disclosed too that at the moment, the list has the names of 633,156 persons. Guyana’s population numbers around 750,000.
Granger said yesterday that the independence of the Elections Commission is safeguarded by the Constitution and, as such, the body is insulated from political influence, instruction and interference.
He reminded that Article 62 charges the Commission with the conduct of elections.
“The Commission must be allowed to function independently. I cannot influence, interfere with or instruct the Commission in its work. I am guided by its advice as to its readiness to conduct elections before I make a proclamation on the date of those elections,” he said.
He reminded that in response to a letter penned by Patterson, he made a promise “…to seek the approval of the National Assembly to ensure that an agreement can be reached given both the constitutional requirement and GECOM’s capability” and also urged the Commission to commence preparations for the conduct of general and regional elections.
“I consulted with the full membership of the Elections Commission on 8th March 2019 to determine its needs and its readiness to conduct credible elections in the shortest time possible.
“It would be reckless of me to announce a date for elections without being satisfied that the Commission would be in a position to guarantee credible elections. I did not receive, at that meeting, the guidance that would have allowed me to proclaim a date for elections. I would be unable to do so until the Commission advises me accordingly,” Granger said.
