The Guyana Elections Commission (GECOM) yesterday stated that it has communicated and provided direction to the Liberty and Justice Party (LJP) about the required documents to be submitted to grant their request to replace its councillor on the Regional Democratic Council of Region Eight (Potaro-Siparuni).
GECOM provided the clarification yesterday afternoon while refuting LJP’s claim that the commission failed to act on its request to replace Coun-cillor Jimmy James.
Public Relations Officer at GECOM, Yolanda Ward, told this newspaper last evening that the delay resulted from the party’s non-compliance with the commission’s request. She stated that the commission up until December had been communicating with the Representative of the List, John Flores, on the status of the documents.
In the statement issued yesterday, GECOM stated that the correct request was made yesterday and it will now begin to effect the change according to the usual protocols.
A statement issued from the commission explained that after receiving the request for the change of name of LJP’s Region Eight councillor, the party was informed that “the law does not make provision for the appointment of alternate Councillors and therefore a revised letter must be submitted clearly stating the party’s request to have the gazetted Councillor replaced.”
On November 27, 2020, party leader, Lenox Shuman, communicated with the commission stating that the party was advised by its counsel that there is no such guidance in electoral laws and insisted that the correspondence with their request stand.
In the request made to GECOM, the LJP indicated “that due to Covid-19 restrictions, persons in the Region were unable to travel to RDC meetings and as a consequence, the party would have selected a named alternate candidate from its Region 8 List of Candidates.”
However, the matter was discussed at GECOM and it was agreed that the LJP must submit proper documentation requesting a change of the Councillor and provide a justification for its request. With James insisting that the LJP has lied about him and want him out because of his planned voting preference, GECOM may have a task on its hand to make a decision.
A perusal of the legislation by Stabroek News found no evidence of a political party having the authority to withdraw the name of their nominee to the Regional Democratic Council (RDC) from its List of Candidates after a general and regional election would have concluded.
Guidance
Checks made of the Representation of the People Act and the Local Government Act provides guidance for the withdrawal of names prior to the elections and recall of members from the National Assembly. Nothing is stated in the legislation on what can be done for the RDC.
Over the years, this newspaper understands it is customary for GECOM to grant such requests to political parties. .
With their representative, James, throwing his support behind the APNU+AFC coalition to hold the position of chairmanship of the RDC, LJP said it has lost confidence in James and was seeking to have his name withdrawn.
Shuman had made the announcement on Thurs-day, January 21, a day after James told Stabroek News that LJP officials were lying about his health. James said that he was fit and prepared to take up his seat on the Potaro-Siparuni council where he would have been able to cast the deciding vote on who would be the Chair.
Shuman added “Mr James who has the respect of the LJP’s executive, no longer enjoys the confidence of the LJP and by his own admission is not aligned to the LJP, is no longer willing to serve in the capacity as an LJP representative and is aligned to the PNC.”
Saying that he wished to clear up “misunderstandings” surrounding the Region Eight Regional Democratic Council, Shuman said that in September of 2020, the GECOM requested that the LJP “resubmit” its candidates for Region Eight to sit on the RDC. It is unclear why this request was made then by GECOM. Contained on that list was James as the primary candidate and Claris Francisco as alternate, both LJP candidates on the Regional List of Candidates, District Eight.
The LJP leader had also accused GECOM Secre-tariat of frustrating the proposed change.
Deputy Chief Election Officer (DCEO) Roxanne Myer however told Stabroek News then that “the commission does not have properly before it, any request for a change of councillor in Region Eight from the LJP party.”
Shuman stated that an overhaul of the “politically aligned GECOM Secretariat is much needed and we call on Madam Chair and the Commission to swiftly execute said purge and press for the much needed electoral reform as recommended by the various rulings through the elections fiasco.”
Meanwhile, Leader of the Opposition, Joseph Harmon, during a press conference on Monday said that the matter has been dragging on for too long.
He noted that the People’s Progressive Party claims it has the interest of the Indigenous people at heart but here is a situation where the people are suffering.
“Prove to the Guyanese people that you have their interest and allow the representative of the people to represent their interest,” he challenged.
Asked about a possible legal challenge to bring the matter to conclusion, Harmon said they will be guided by the will of their representative on the council. In his view, the situation does not warrant court action as the PPP/C should allow the swearing in of the councillors.
He nonetheless stated that the party stands ready to support the people in whatever route they take to resolve the issue.
A month ago, Member of Parliament and executive member of the Alliance for Change, David Patterson, announc-ed that they will be moving to the courts to resolve the matter of convening of the Regional RDC but they are still to do so.
Leader of AFC and Deputy Representative of the List, Khemraj Ramjattan, told this newspaper that they are seeking legal advice on the way forward. He acknowledged that they have not given the situation much legal attention but they are looking at it.
“The people voted for me and want me to represent them on the council. You want them to skin me alive if I give up the seat?” James said last Monday as he responded to the claims of his party.
He had told Stabroek News that he has already indicated to his party he will not be removed, as the will of the people must be respected. James said he made his position clear when he visited George-town for the aborted swearing in of Region Eight councillors back in November.
“I told them. I told them that I will not be moved because they were telling me I must step aside from the council. But I campaigned and the people know me well so they voted for me,” he said as he recalled informing the party he will not be a part of their “quid pro quo” agreement.
“I am not ill. I am very fit at 70. I walk up and down the mountain to visit my farm and go home. I visit all the communities in this sub district area in the North Pakaraimas. I don’t know why they are saying that I am ill,” he said.
“They were saying give the PPP/C the Chairman and they will give me the Vice Chairman… but the whole meeting was called off because two persons were sick… I am not fighting for any position but I am saying that the will of the people must be respected,” he declared in the interview with this newspaper.
James had said that he decided to re-enter the political arena and campaign with the LJP during the 2020 General and Regional Elections after he was concerned that the rights of indigenous people are not fully represented.
