-says cannot resolve commissioners impasse
The Guyana Elections Commission (GECOM) yesterday said it has no authority to determine the validity of Opposition Leader Azruddin Mohamed’s nominees to the commission or resolve the impasse over its opposition-appointed members, which has prevented the activation of a completed work plan for Local Government Elections (LGE).
LGE are due before the end of this year.
In a statement responding to matters raised by Mohamed’s We Invest in Nationhood (WIN) party, GECOM said the nomination and appointment of commissioners are governed by Article 161(3)(b) of the Constitution.
“GECOM is not the authority vested with responsibility for determining the validity of such nominations or appointments,” it said.
The commission added that it therefore has no locus standi to intervene in, adjudicate upon or resolve any impasse concerning persons nominated by the Opposition Leader for appointment as commissioners.
Mohamed has advised President Irfaan Ali to appoint attorneys Roysdale Forde SC, Siand Dhurjon and Damien Da Silva as the three opposition-nominated commissioners following consultations with APNU and the Forward Guyana Movement (FGM). The President has not given a substantive response to the nominations.
The incumbent opposition-nominated commissioners—Vincent Alexander, Charles Corbin and Desmond Trotman—were appointed on the advice of former opposition leaders of APNU. They have rejected WIN’s calls for their resignation and maintained that their tenure is protected by law.
Earlier this year, the three commissioners declined an invitation to meet Mohamed at WIN’s headquarters to discuss their status. They said any engagement should take place at a neutral venue and concern GECOM’s operations rather than their tenure.
APNU Leader Aubrey Norton told Kiskadee Watch on Thursday that neither he nor any other political leader has the authority to remove the commissioners. He said vacancies could arise if a commissioner resigns or dies, while any wider change would require legislative action to alter the existing permanent commission arrangement.
Mohamed has argued that the opposition side of GECOM should reflect the present composition of the National Assembly, where WIN holds 16 seats, APNU 12 and FGM one.
The impasse has prevented the commission from meeting and has placed preparations for LGE on hold.
GECOM disclosed yesterday that its Secretariat has prepared a comprehensive work plan identifying the activities and tasks necessary for the preparation and conduct of the polls.
However, it said the Secretariat cannot independently activate or implement the plan, as the commencement of the electoral programme requires a decision and direction from the commission.
Once activated, the timelines in the plan may also require adjustment depending on the date of activation and the operational circumstances prevailing at the time.
“The existence of a Workplan therefore demonstrates that the Secretariat has undertaken the necessary planning and preparatory work. Its implementation, however, is dependent upon the Commission exercising its statutory functions and providing the requisite direction,” GECOM said.
The Carter Center recently expressed “considerable concern” about the stalemate, warning that without a fully functioning commission, GECOM could be unable to organise local government polls within the statutory timeframe or implement reforms ahead of the next general elections.
The Center also called for the Constitutional Reform Act to be amended to reflect the current configuration of parliamentary parties.
WIN has said it intends to contest elections in all local authority areas.
GECOM yesterday said public discussion of electoral matters should be based on complete and accurate information and a clear understanding of the respective responsibilities of political parties, the Chief Election Officer, the Secretariat and the commission.
It added that it remained committed to transparency, accountability, inclusivity, impartiality and the credible administration of Guyana’s electoral processes.
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