By failing to abide by the Constitution, the APNU+AFC government is operating outside of the rule of law, according to the Bar Council of the Bar Association of Guyana.
In a strongly worded statement yesterday, the Council condemned the failure of government to hold elections as required by the Constitution. It said that “by failing to abide by failing to abide by the clear and unambiguous terms of the Constitution, the Government of Guyana has abdicated its responsibility, violated the Constitution, is operating outside of the rule of law and in breach of internationally recognised standards of democracy.”
The statement noted that although it did not order elections, the Caribbean Court of Justice (CCJ), in its judgments in the consolidated no-confidence cases, expressed an expectation that relevant constitutional responsibilities would been exercised with integrity, and in keeping with the unambiguous provisions of the Constitution.
The Council added that the responsibilities alluded to were to be exercised bearing in mind that the no-confidence motion which defeated the incumbent government was validly passed on December 21st, 2019. Following this event, the Council says, President David Granger had a constitutional duty, and responsibility to fix a date for elections within a three-month period, or such longer period approved by Parliament, as required by Article 106(7) of the Constitution.
The Council also noted that no extension was sought by government and or obtained before the constitutionally prescribed period expired. On this point, both the Alliance for Change (AFC), and the Working People’s Alliance (WPA), during press conferences yesterday, highlighted that statements by the People’s Progressive Party/Civic (PPP/C) indicating that it would not agree to extend the constitutional deadline deterred government from approaching Parliament to ask for the extension.
Regarding the Guyana Elections Commission (GECOM), the Council said that the entity has a duty to be ready to administer and supervise elections within the three-month period stipulated in the Constitution so as to be in compliance.
APNU constituents, the People’s National Congress Reform (PNCR) and the WPA, at separate press conferences maintained that the President could not fix a date for elections without first being advised by GECOM on the date by which elections can be held.
During the WPA press conference, Executive Committee member Dr. David Hinds said that the constitutional provisions which vests the President with power to fix a date for elections (Article 61), must be read together with other provisions (including Articles 62 and 162 (2)) which gives GECOM power to independently supervise, and conduct elections.
Given the relationship between these provisions, Hinds said it is implied that the President’s power to appoint a date for election must be exercised with regard to GECOM’s power to, independently execute its mandate, which includes indicating GECOM’s readiness for elections.
President Granger has also maintained that he could not fix a date in the absence of a notification by GECOM that it is ready to conduct elections.
