Chief Election Officer (CEO) Keith Lowenfield has approached the High Court to have government-nominated Commissioners Sase Gunraj and Bibi Shadick barred from voting on the motion brought for his dismissal.
Reminding that the motion was tabled by Gunraj and seconded by Shadick, Lowenfield contends that “the participation of the complainants Gunraj and Shadick in the hearing of their own complaint is in breach of the rules of natural justice [and] infected the deliberations of the Commission with bias.”
According to a fixed date application filed by Lowenfield against the Guyana Elections Commission (GECOM), his contract of employment provides for two bases for termination of services–either via a three month notice or without notice for “gross misconduct” providing that the CEO is given written notice setting out clearly the reason for termination and giving the CEO an opportunity to respond.
On June 1, following the tabling of a motion for immediate dismissal by Gunraj, Lowenfield was asked by GECOM Chair Justice (ret’d) Claudette Singh to show cause why he should not be removed from his position as CEO.
The motion accused Lowenfield of acting in a manner which has caused a loss of public confidence and public trust in the electoral process. He was also accused of discarding his oath of office and failing to act fairly and impartially or legally in the discharge of his duties.
According to the CEO’s High Court application, he responded to this request in writing and is entitled via his terms of employment and the rules of natural justice to a fair hearing, including the right not to have the complainants participate as adjudicate in the hearing of their own complaint against him.