Nandlall: ‘The commission is properly constituted and as such is moving ahead with its work’
Despite the fact We Invest in Nationhood (WIN) is now the main opposition party in parliament, the government is proceeding with constitution reform without revamping the CRC to include WIN MPs.
The main parliamentary opposition yesterday questioned whether the Constitution Reform Commission (CRC) should continue to function “as though the 2025 General and Regional Elections never occurred” as it prepares to launch nationwide consultations on constitutional reform. However, Attorney General Anil Nandlall SC has maintained that the body is legally constituted and will proceed with its work.
Opposition Chief Whip Tabitha Sarabo-Halley yesterday argued that the Commission no longer reflects the democratic mandate delivered by voters at the 2025 polls, saying the Guyanese people elected “a new Parliament and a new Official Opposition,” yet the Commission continues to mirror “the parliamentary composition that existed when the Act was passed in 2022.”
She also said WIN will be submitting proposed amendments to the present legislation.
“The real issue is whether a Commission charged with reviewing and recommending changes to Guyana’s supreme law should continue to be constituted as though the 2025 General and Regional Elections never occurred,” she told Kiskadee Watch.
“That is neither good constitutional practice nor good democratic governance. Constitutional reform derives its legitimacy from public confidence, inclusiveness and representation. A Commission that does not reflect the current Parliament inevitably raises legitimate questions about whether the constitutional reform process truly reflects the democratic will of the people,” she added.
Sarabo-Halley noted that the concern extends beyond the Official Opposition, pointing to recommendations by the Carter Center in its final report on the 2025 General and Regional Elections. The observer mission had recommended that Guyana review the composition of the Constitution Reform Commission to ensure it reflects the country’s post-election political landscape and that all parliamentary parties are represented and engaged in the constitutional reform process.
When contacted yesterday by Kiskadee Watch, however, Nandlall said the Commission would proceed with its work because it was constituted in accordance with the law before the current parliamentary configuration emerged.
“The commission is properly constituted and as such is moving ahead with its work,” Nandlall said, noting that it had been established before the new parliamentary dispensation.
Pressed on whether the Commission should be reconstituted in light of the changed political landscape, he replied, “The commission is composed as is prescribed by its governing statute. That is all I have to say.”
Consultation
The differing positions come as the Commission formally begins the public consultation phase of the constitutional reform process.
In an advertisement published in yesterday’s edition of the Kaieteur News, the Commission invited members of the public to submit written proposals for constitutional reform. The notice states that the Commission, established under the Constitution Reform Commission Act 2022, is tasked with reviewing the Constitution and making recommendations to the Parliamentary Standing Committee on Constitutional Reform for transmission to the National Assembly.
The notice also says the Commission is required to consult “the widest possible geographical area” and “as many persons, groups, communities, organisations and institutions as possible,” including political parties, religious and cultural organisations, youth groups, women’s organisations, private sector bodies, professional organisations and the media.
It added that the consultation process will be conducted in two stages—written submissions followed by public engagements throughout Guyana and with Guyanese living overseas.
Speaking during his weekly Issues in the News programme on Tuesday night, Nandlall urged citizens to participate in what he described as a process of “tremendous public importance.”
“The commission has now reached the stage in its work programme where it is now inviting members of the public to make their written submissions,” he said.
He explained that while the entire Constitution would be open for review, the Commission had identified thematic areas to guide submissions, including fundamental rights and freedoms, Indigenous and children’s rights, eliminating discrimination, electoral reform, strengthening judicial independence, safeguarding public funds, improving the functioning of Parliament and local government, and ensuring minorities are adequately represented in decision-making.
“The process, as I said, will largely be driven by the public consultations. It is your views that will inform the amendments that will emanate, or the proposed amendments that will emanate from this process,” Nandlall said.
He also announced that while written submissions are being received, the Commission will commence oral hearings across all 10 administrative regions and will invite some persons who make written submissions to elaborate on their proposals.
Nandlall said submissions must include the contributor’s full name, address, contact information and a valid photo identification, adding that anonymous submissions will not be accepted.
Maintained
While welcoming the public consultation exercise, Sarabo-Halley maintained that consultation alone could not substitute for representation on the Commission itself.
“Written submissions are not equivalent to participation in the Commission’s deliberations. Citizens can make submissions, but Commissioners debate, deliberate, formulate recommendations and ultimately determine what reaches Parliament,” she said.
“There is a fundamental difference between being consulted and being represented.”
She said the official opposition would nevertheless participate in the reform process but disclosed that it has prepared legislation to amend the Constitution Reform Commission Act.
According to Sarabo-Halley, the proposed amendment is “not about WIN” but about ensuring future commissions automatically reflect the composition of Parliament after every General and Regional Election.
The bill would replace references to specific political parties with institutional categories—the Government, the Official Opposition and the other parliamentary opposition parties represented in the National Assembly.
“If enacted, the Commission would automatically reflect the composition of Parliament after every General and Regional Election. This is precisely the type of reform contemplated by the Carter Center’s recommendation to review the Commission’s composition to reflect the post-2025 political landscape,” she said.
She added that the Government now has an opportunity “to demonstrate that constitutional reform is genuinely national rather than politically selective.”
Sarabo-Halley also said the Opposition’s experience over the past year had exposed weaknesses in Guyana’s constitutional and statutory framework.
“The work of the Leader of the Opposition over the past year has highlighted serious concerns regarding transparency, accountability, governance and the effectiveness of Guyana’s constitutional and statutory institutions. It has also exposed the practical difficulties that arise when our laws fail to reflect the democratic mandate expressed by the people at the 2025 General and Regional Elections,” she said.
She argued that constitutional reform should not be viewed as redistributing political power among today’s parties but rather as strengthening democratic institutions for future generations through stronger oversight, accountability and independent constitutional bodies.
Legislative
Earlier this year, the Commission’s Chairman, retired Justice Carl Singh, acknowledged that any change to the Commission’s membership would require legislative action rather than a decision by the Commission itself.
“If you look at the Act, the Act names specific parties as having representatives on the Commission,” Singh had said at the time. “It is entirely a matter for the people who have put the Constitutional Reform Commission together to decide on the question of reconstituting the Commission.”
“So, you know, given that specific indicator of specific parties in the legislation that has set out the membership of the commission, I would think that, and again, it’s entirely a matter for the people who have put the Constitutional Reform Commission to decide on the question of reconstituting the commission, to give recognition to the reconfiguration that we are going to see in the National Assembly,” he had added.
At the April swearing-in ceremony, retired Justice Singh was named Chairman. Others sworn in were People’s Progressive Party/Civic members: Nandlall, Gail Teixeira, Dr Frank Anthony, Pauline Campbell-Sukhai and Kwame McCoy. APNU+AFC members Vincent Alexander, Sherwood Lowe, Ganesh Mahipaul, and Nigel Hughes, were also sworn in; as were Aslim Singh, of the Labour Movement; Chairman of the National Toshaos’ Council, Derrick Rowan John; private sector representative, Ramesh Persaud; representative of women’s organisations, Dr Kim Kyte-Thomas; Chairman of the Youth Advisory Council, Dr Josh Kanhai; Imran Ally, of the Muslim Youth Organization; farmers representative, Adrian Anamayah; representative of the Hindu community, Radha Krishna Sharma; representative of the Christian community, Keoma Griffith; and representative of the Guyana Bar Association, Kamal Ramkarran; were sworn in in May.
The Constitution Reform Commission Act was enacted in 2022 before WIN entered Parliament. Under the legislation, seats on the Commission are allocated to parties represented in the National Assembly at that time, including the PPP/C, APNU+AFC, the Liberty and Justice Party, A New and United Guyana and The New Movement. WIN won 16 seats at the 2025 General and Regional Elections and its Leader, Azruddin Mohamed became the Leader of the Opposition.
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