Facing a Monday deadline for government and the opposition to agree on the way forward following the Caribbean Court of Justice (CCJ) decision that the December 21 no-confidence vote against the APNU+AFC administration was valid, President David Granger yesterday was tightlipped on government’s proposals.
Adamant that the next general elections cannot be held with the old list of electors, Granger told reporters that he will be writing Opposition Leader Bharrat Jagdeo for a meeting next week, to discuss consultations for a new Guyana Elections Com-mission (GECOM) Chairman.
“I will write to him and as soon as he is available, maybe as early as next week, I will write to him this week, inviting him to resume the consultations which are mandated under the Constitution,” Granger said on the sidelines of accepting the letters of credence for Zana Rudi, Kosovo’s ambassador to Guyana. The event was held at the Ministry of the Presidency.
“As far as I am concerned, I have always operated under the ambit of the Constitution and I have to select somebody fit and proper in accordance of the Constitution. This is what I am doing,” he added.
The CCJ on Tuesday ruled that in addition to the December 21st no-confidence motion being valid, Granger’s appointment of current GECOM Chairman Justice James Patterson breached the Constitution. The court stated that the president had no authority to introduce new eligibility requirements and should have given reasons for rejecting the 18 candidates submitted to him Jagdeo.
Patterson was unilaterally appointed by Granger, following months of deadlock during which the President rejected three lists with a total of 18 nominees which had been submitted by Jagdeo.
As part of a series of rulings related to governance issues in Guyana, the court concluded that Patterson’s appointment was in breach of the Constitution and invited both sides to make submissions on how the issue should be rectified.
Granger said that the court should have explain-ed how the law was breached as he still feels he broke no laws.
“I have never gone outside of the Constitution and if they felt that the process is flawed, they must let me know what the flaw is. Let us wait until the 24th June when they will make some consequential rulings. There is no way that I can see that the decisions I have taken are flawed. It is the responsibility of the leader of the opposition to send me a list of six persons who are not objectionable,” he said.
“I have no problem with meeting the Leader of the Opposition. I will write to him. I want credible elections as soon as possible in Guyana,” he added.
The President said that he was committed to credible elections and while he holds the power to make the proclamation for elections to be held, he could only do so on advice from GECOM as to its readiness.
“I cannot make a proclamation unless I am informed by GECOM. We have already gone to parliament to get money for GECOM. We are committed to house-to-house registration. The old list is invalid, it is expired and it is corrupted. We are doing everything we have been advised by GECOM. It is an autonomous agency, and we have given them the money. And as soon as the chairman of GECOM advises me that they are ready for elections, I will make a proclamation. Elections Day will be on that day,” Granger said.
“It is my duty, it is not the duty of the leader of the opposition to decide when elections will be held. I don’t want a situation like we had in Nigeria, in which 2 o’clock in the morning, the Elections Commission calls up the Government and says elections cannot be held. GECOM has to inform me and as soon as I get that information, I will make a proclamation,” he emphasised.
Observers have pointed out that the GECOM that would advise the President would be one that requires a new Chairman as Justice Patterson’s appointment has been effectively nullified by the CCJ ruling.
The opposition PPP has said that it would not accept a delay in the holding of elections beyond the next two to three months.
Jagdeo has said that Granger was disconnected from the reality of the constitutional rule in his suggestions of house-to-house registration and elections later this year. “The elections [are] now governed by the constitutional provision that has kicked in. Three months, it said, and that was three months since December. We are hoping that elections would be held within two months, maximum three, and that is being practical. One of the judges said you have to go between principle and practicality. Principle is elections should be held tomorrow, the practicality is two to three months from today,” Jagdeo had said.
He emphasised that a later date in the year would not be acceptable since Granger would be acting unconstitutionally and while in normal circumstances, he would have had the power to declare a date for elections, the passage of the no-confidence motion removes that discretion from the president. “If the government thinks they are going to come and argue about November and October, well that’s not going to fly with us,” he added.
But Granger said that having heard from GECOM already for the year, he needs to know its needs and limitations and if the electoral body is in a state of preparedness, even as he suggested that the opposition should be blamed for holding back GECOM’s work.
“GECOM has already written to me earlier in the year. I met GECOM as you know, I met the Opposition Leader twice…They told me what they need in terms of financing and I have gone to the National Assembly and provided that financing. You have to pay attention to who has been damaging the functioning of GECOM by boycotting meetings and who is not going to the National Assembly. The National Assembly has not been prorogued. We have work to do to make sure there are credible elections. I am committed to credible elections,” the President emphasised.
