Confirming that the Guyana Elections Commission (GECOM) would be unable to hold Local Government Elections (LGE) before the deadline, Chair-person Justice (ret’d) Claudette Singh has officially informed Attorney General Anil Nandlall that she would communicate the new timeline when a Chief Election Officer is hired.
Justice Singh made the disclosure in response to a letter from Nandlall.
Nandlall wrote to Singh on December 2, on behalf of Minister of Local Government and Regional Development Nigel Dharamlall, requesting confirmation of GECOM’s inability to hold the elections.
“Please confirm, soonest, that it is impracticable for the Guyana Elections Commission (GECOM) to comply with the provisions of the Local Authorities (Elections) Act, Chapter 28:03, Laws of Guyana, regarding the holding of an election to elect members of a Local Democratic Organ due in the year 2021, in order for the Minister to take the necessary actions required to postpone the said elections and to perform all acts and do all things consequential thereto as required by the law,” the letter, seen by the Stabroek News, states.
The GECOM Chair, in a letter dated December 3, explained that while the Commission is cognisant of the legal requirement for holding LGE, it remains without a Chief Election Officer (CEO). Justice Singh reminded that it is the CEO who is responsible for the management and conduct of elections in Guyana.
“…the Commission is unable to have those elections held at this point in time. As you are aware the Commission is currently working to conclude the hiring process of the Chief Elections Officer and other senior management staff. Please be assured that as Chairperson of the Guyana Elections Commission, I will communicate with you on the timeline at which Local Government Elections could be held when the Chief Election Officer is hired,” Justice Singh’s letter explained.
The Commission is expected to decide on a CEO today, almost four months after its former CEO Keith Lowenfield’s contract was terminated. He currently faces charges of forgery and misconduct during the process to tally votes from the 2020 general and regional elections. The contracts of Deputy CEO Roxanne Myers and Returning Officer Clairmont Mingo were also terminated and efforts are underway to fill their posts.
Minister Dharamlall has already informed municipalities and Neighbourhood Democratic Councils across the country that Local Government Elections will not be held this year as had been scheduled.
“You are hereby informed that due to the Guyana Elections Com-mission’s (GECOM) lack of readiness, it is impracticable to hold Local Government Elections in the time frame stipulated by the provisions of the Local Authorities (Elec-tions) Act…” he had said in a December 3 correspondence sent to all local authorities.
The minister also informed the existing councils and their officers that they will continue to perform and discharge the functions of their office until a successor assumes office or they have been otherwise informed.
Prior to sending out the correspondence to the local authorities, Dharamlall had told the Stabroek News that he was awaiting the Commission to indicate its readiness to hold the polls.
Section 36A(1) of the Local Authorities (Elections) Act, Chapter 28:03 states, “Where the Minister is satisfied, on the advice of the Elections Commission, that it is impracticable to comply with the provisions of this Act or the Local Authorities (Elections) (Amendment) Act 1990 regarding the date for the holding of an election to elect members of a local democratic organ, he may, at any time by order, postpone such date to a date specified in the said order or to a date to be specified in a subsequent order, the postponed date being no later than forty-eight months from the date on which election should be held…”
The means that Dharamlall would have to officially issue an order postponing the elections.
The deferral of the elections, which were due before the end of the year, will interrupt the sequence of two consecutive elections which were held under the APNU+AFC administration. The former APNU+AFC government held LGE in 2016 after a 22-year hiatus under PPP/C governments. The elections were held again in 2018 and were due this year.
With its track record of not holding LGE, analysts say that the PPP/C government will come under close scrutiny to ensure that the polls are held as soon as possible.
In the 2021 budget, the government allocated $1.1 billion for the holding of LGE before the end of the year. Some $237.7 million was scheduled to go towards the printing of 500,000 ballots and other publications, while $285.7 million was budgeted for voter education and other programmes. Additionally, $135.7 million was to go towards the training of elections day staff, $81.6 million for rental of buildings to conduct the elections and $75.6 million for meals.
With the absence of key personnel in GECOM’s secretariat and the sloth in the hiring process, Commissioner Vincent Alexander had said that they were not likely to have local government polls before the fourth quarter of 2022.
“If local government elections are not held this year, which will not happen because they are due to be held in late November – early December and there has been no preparation, then the normal thing (is and which) Parliament has done in the past is to postpone them for one year. So you are not looking at a possible local government election until the fourth quarter in 2022,” Alexander had said during an appearance on a programme with commentator Christopher Ram.