On July 26, President Granger and Opposition Leader Jagdeo were finally able to discharge their constitutional obligations in relation to a Chairman of the Guyana Elections Commission (GECOM). After the passage of weeks, notwithstanding the July 12 admonition of the Caribbean Court of Justice (CCJ) that an urgent decision was needed, the two leaders were able to finally agree on the candidacy of Justice of Appeal (Rtd) Claudette Singh after a list of six names “not unacceptable” was tendered to the President. The breaking of the deadlock surrounding the selection of a new chairman is most welcome.
It has taken more than two and a half years for the consensual selection of a GECOM Chairman. This cannot be good for a democracy founded on the supremacy of the constitution. It is to be hoped that the clear meaning of constitutional provisions guide our leaders and stakeholders in the very important matters assigned to them under the constitution.
After her formal swearing-in this week, Justice Singh will undoubtedly need some time to come to grips with the task before her. She will be immediately faced with twin challenges that will task her and her commissioners.
As has been argued ever since December 21, 2018 and finally affirmed by the CCJ on June 18, 2019, a motion of no confidence was passed against the APNU+AFC government and it immediately made potent articles 106 (6) and (7) of the constitution mandating that general elections be held within three months (September 18) or such longer period as mandated by two thirds of the National Assembly.
This provisions of the constitution, as underlined by the CCJ ruling of June 18 and its consequential order of July 12, must be upheld by all relevant stakeholders. It therefore means that Justice Singh will have before her the challenge of being the arbiter of the way forward considering the diametrically opposed positions taken by the elections commissioners appointed by the government and those appointed by the opposition.
Justice Singh will also have to navigate what becomes of the house-to-house registration exercise which was controversially launched on July 20 by a GECOM without a chairman. Despite there being agreement at an earlier point by all sides of the commission that a house to house process should be embarked upon, the surprise passage of the motion of no confidence activated the requirement for elections in three months or presumably a short extension to give effect to the ethos behind a motion of no confidence i.e. there is no longer confidence in the government and it must therefore seek a renewal of its mandate at general elections.
There can be no argument that the desire for a new National Register of Registrants, for the purpose of presenting what would be described as a pure list, outweighs the constitutional injunction that elections he held in three months or a short extension for the purpose of ensuring the process runs smoothly.
It is true that the life of the list for the November 12, 2018 local government elections has expired as a result of the dubious court challenges to the motion of no confidence. However, as has been the practice and affirmed by the Chief Election Officer, the list can be made viable by a period of claims and objections.
Justice Singh will find herself presiding over a deeply divided commission. It will no doubt be the hope of all citizens that she can find a way to bridge the gap between the positions taken by the two sides as she will have other major undertakings on her plate. These include working out what would be needed for the smooth running of general elections, the frustratingly long period for the declaration of results, the manner of reporting of results, training of polling day staff and arrangements for the observing of the elections.
