Leader of the Opposition Bharrat Jagdeo has told Chief Election Officer (CEO), Keith Lowenfied that unless he begins preparing to hold general elections he could be acting in contempt of the recent ruling by the Caribbean Court of Justice (CCJ).
Jagdeo through his attorney Anil Nandlall wrote Lowenfield yesterday to “request that he immediately commence preparations for the holding of General and Regional Elections on a date no later than 18TH day of September 2019.”
Stabroek News attempted to reach Lowenfield as well as GECOM Public Relations Officer Yolanda Ward but efforts proved futile.
The two-page letter which cited several aspects of the Court’s ruling tells Lowenfield that as CEO he is bound to respect the ruling since GECOM was a party to the proceedings.
“GECOM, was made a party to the aforementioned legal proceedings, by the CCJ, so as to make the Orders of the Court directly binding on GECOM and as the Chief Election Officer, you are inextricably, so bound. Therefore, any actions or omissions on your part which may be interpreted to be in violation or frustration of the letter and spirit of the Orders and judgments of the CCJ may expose you to contempt of Court proceedings,” he wrote.
Last Friday the CCJ delivered several Orders consequent to its June 18 decisions in relation to the December 21 no confidence vote.
According to the Court upon the passage of this motion of No Confidence in the Government, the clear provisions of Article 106 (6) immediately became engaged.
They further note that the meaning of Article 106(6) and 106 (7) is clear and it is the responsibility of constitutional actors in Guyana to honour them.
“Upon the passage of a vote of no confidence, the Article requires the resignation of the Cabinet including the President. The Article goes on to state, among other things, that notwithstanding such resignation the Government shall remain in office and that an election will be held “within 3 months ‘ or such longer period that the National Assembly by resolution supported by not less than two-thirds of the votes of all elected members of the National Assembly …” the court stated adding that “the Guyana Elections Commission has that responsibility to conduct that elections and GECOM too must abide by the provisions of the Constitution.”
Further in delivering the order, Justice Adrian Saunders expressed the hope that “bodies and personages will exercise their responsibilities with integrity and in keeping with the unambiguous provisions of the Constitution bearing in mind that the no confidence motion was validly passed as long ago as 21 December 2018.”
The GECOM Secretariat led by Lowenfield is in the process of preparing for House-to-House registration following a directive issued by the James Patterson-led commission. Patterson resigned in June after the CCJ ruled that his appointment was unconstitutional and these efforts have stalled as the Commission which directs the actions of the secretariat cannot function in the absence of a chair.
Jagdeo has vehemently opposed the House to House process and publicly criticized the CEO for adhering to the directive that the process move forward.
