If this were a mature democracy that respected the constitution and accorded the highest priority to the convening of elections whether local or general and regional then there would have been no impasse at the moment.
This is clearly, however, an immature democracy where the government in particular and no doubt the ruling party perceive the constitution as not compelling, or worse, a document to be trifled with.
Local government elections are due before the end of the year and it was clear to all and sundry following the September 1st general elections last year that preparations would have to be made.
Clear signs of difficulties emerged when the Chair of GECOM, Justice of Appeal (ret’d) Claudette Singh contended that since there was a new Opposition Leader the configuration of opposition-appointed commissioners would have to change and the long-appointed commissioners who are still in place would be subject to removal. No meetings of GECOM have been held since September 7 last year – more than a year ago – and planning for the local government elections has therefore not been approved at the level of the Commission.
The GECOM Chair has relied on Article 161 (3) (b) of the constitution which says that in addition to three members to be appointed by the President there shall also be “three members to be appointed by the President acting in accordance with the advice of the Leader of the Opposition tendered after meaningful consultation with non-governmental political parties represented in the National Assembly”.
Since the 2025 General and Regional Elections produced a seismic change and resulted in a Leader of the Opposition from an entirely new party it was readily understood that new commissioners would have to be appointed. The current holders have declined to resign from their positions as they believe that there is nothing in the constitution that requires them to stand down. As ill drawn as some parts of it have been, a purposive reading of the constitution will make it apparent that where a new Leader of the Opposition is elected that person then nominates new members of GECOM.
The task then falls to the President to act in accordance with the constitution. President Ali has since failed to do this and has thrown the holding of local government elections into jeopardy. President Ali was written to by the new Leader of the Opposition Azruddin Mohamed and advised of nominees to be appointed in accordance with Article 161 (3) (b) of the constitution. The President has failed to act.
The President was first written to on this subject by Mr Mohamed on June 30th. There was no response. He was written to again on August 7th but the matter remains unresolved. It is quite apparent that the government is unwilling to face local government elections at this point. Indeed, there has not been a single protestation from it or the ruling PPP on the jeopardy to the timeline for these elections.
Instead, what is evident is that the government is intruding with abandon into the business of local government bodies – both municipal and NDCs – whereas it should have been enabling preparations for a renewal of the democratic mandate.
There has also been silence from the principal legal advisor to the government, the Attorney General Anil Nandlall SC. Will local government elections be possible again considering that the GECOM chair has not convened meetings and the President has not fulfilled his constitutional duty? The people of the country await an answer.
Discussion