Counsel for the Leader of the Opposition is asking the Caribbean Court of Justice (CCJ) to issue orders declaring that general elections be held within three months of June 18th 2019 and that the President appoint a date for such.
Counsel is also seeking an order mandating President David Granger and Opposition Leader Bharrat Jagdeo agree to a list of six candidates for GECOM Chairman in a week from July 12 and that President Granger appoint a chairman within three days of the provision of such a list.
The CCJ is to issue consequential orders on Friday, July 12 following its ruling on June 18 declaring that the December 21 2018 motion of no confidence against the government was valid and that the appointment of Justice Patterson as GECOM Chairman by President Granger was unconstitutional.
The key sections of the orders sought on behalf of the Opposition Leader follows:
For all of the above reasons it is respectfully submitted that the following consequential orders should be made:
1. It is hereby declared that the vote of no confidence passed on 21st December 2018 by the National Assembly against the Government of Guyana was validly passed in accordance with Article 106(6) of the Constitution of Guyana;
In order to give effect to the declaration … it is hereby ordered as follows:
2. That the Cabinet including the President, shall resign;
3. The Government shall remain in office and shall hold an election for members of the National Assembly within three months of 18th June 2019;
4. In order to facilitate such an election, the President shall by proclamation appoint a date for the holding of the said election no later than the 18th September 2019;
5. The official list of electors to be used at the said elections shall be the official list of electors produced pursuant to Order No 15 of 2018 with qualifying date of 31st October 2018;
6. Liberty to apply.
Zulfikar Mustapha v The Attorney General
40. This Honourable Court has found that the appointment of Mr Justice James Patterson as Chairman of the Guyana Elections Commission was carried out in breach of Article 161 of the Constitution. Respectfully, it follows, as night follows day, that a
declaration to that effect ought to be issued to reflect the findings of the Court and an order made, as is the usual course, quashing the appointment.
41. It is respectfully submitted further that consequential orders ought to be made requiring the President and the Leader of the Opposition to take steps to ensure the expeditious appointment of a replacement Chairman. Such consequential orders are necessary because an election must now be held within at least three months of the 18th June 2019 and the Chairman will more than likely have a deciding vote in decisions the Commission may be required to make, given the Commission’s otherwise equally divided political composition. We understand from the Attorney General’s oral submission at the hearing on 24th June 2019 that he accepts that a consequential order requiring expedition in the appointment of the Chairman is appropriate, but he opposes any fixed timelines.
39. Respectfully, given the great efforts being made by the Attorney General to push the election date as far back as possible, the Opposition has no basis to be confident that the Attorney General will not use a vague requirement of ‘expedition’ to draw out the process of appointment and so frustrate the elections. It is therefore respectfully submitted that timelines for the conclusion of the process ought to be engrafted in consequential orders as follows:
IT IS HEREBY ORDERED AS FOLLOWS:
1) That the appointment of Reverend Justice James Patterson as Chairman of the Guyana Elections Commission is in breach of Article 61(2) of the Constitution of Guyana, invalid and void and is accordingly set aside;
2) That, in order to facilitate the appointment of a Chairman of the Elections Commission, the President and the Leader of the Opposition shall communicate with each other in good faith, not excluding meeting face to face, with a view to agreeing a list of six persons, not unacceptable to the President, within one week of the date hereof;
3) That the President shall appoint a Chairman from the list so provided within 3 days of the provision of any such list;
4) Liberty to apply.
