We are faced now with a regime created not out of fraudulent elections but one which is illegal and unconstitutional

The one month extension to the constitutional timeframe for the holding of the 2006 elections has been the subject of much debate and I hope that it is now clear to all that the extension was made in accordance with the Constitution, the Representation of the People Act and the Election Laws (Amendment) Act. Another election to which reference is often made to prove that the results were infected by fraud was in respect of 1997. That election was the subject of an election petition case, known as the Esther Perreira case, and featuring some of the top lawyers of the day including Rex McKay, Keith Massiah, Miles Fitzpatrick, Doodnauth Singh and Ralph Ramkarran. It is important that any distortion or allegation of fraud is addressed by reference to the facts and perhaps helpful for all of us to reflect on other instances in which real electoral fraud took place.   

We recall that following street protests led by the PNCR, CARICOM stepped in and as part of the fact-finding process, Cross J. undertook a painstaking audit of the counts of the votes of the general and regional elections. The Commission found no evidence of fraud.

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GECOM’s requirement of a minimum period of 148 days to hold elections is an admission of its incompetence

The purpose of this letter is to give a factual summary of the compliance or otherwise with the calling and holding of elections under the Constitution between 1997 and 2015. But before I do so, I have to express some sorrow for Yolanda Ward, Public Relations Officer (PRO) of the Guyana Elections Commission, who in responding to a letter by a former Deputy Chief Election Officer, showed how much she has eaten her own words and has become part of the incompetence, duplicity and subservience of GECOM under James Patterson, the unconstitutionally imposed Chairman of a perennially divided GECOM.

I set out a history of the critical dates of those elections from information sourced from the records of the National Assembly below. 

(E) represents the number of days between the dissolution of Parliament and the date of elections.

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GECOM already has access to money for elections, the three-month period is not unusual

GECOM and the Ministry of Finance seem to be engaged in an effort to mislead the public of Guyana over the availability and use of funds approved in the 2019 Budget to conduct elections pursuant to the March 21 vote of No Confidence. Putting up one road block after another, it was not until the middle of February – around the halfway stage of the three-month deadline mandated for the holding of elections – did GECOM seem to need clarification on whether or not it could spend any part of the 2019 allocation of $5,371,061,000 on the elections.

An article in the Stabroek News of February 19, 2019 which quotes Finance Ministry officials, is headlined “GECOM needs parliamentary approval to use budget for new polls.” That this is not true goes charitably to the question of competence and the ability of the Ministry’s officials to read and understand, or more sinisterly, to its intention to become part of the conspiracy by elements of GECOM to frustrate the vote of the National Assembly. 

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Kirton somehow managed to avoid saying it was President Granger who is at fault

Concerned that President Granger’s refusal to name a date for elections can make Guyana the Region’s newest dictatorship, your letter writer Mr. Wesley Kirton implores “our leaders”…“[to] spare no effort to ensure that our dear country is not brought into global disrepute.” Mr. Kirton volunteered that his letter was being written while he was viewing television coverage of the UN Human Rights Council meeting at which several nations are condemning Saudi Arabia on its human rights record. No doubt Mr. Kirton understands that the right to vote is one of the most sacred human rights available (Article 25 of the International Covenant on Civil and Political Rights adopted in the Guyana Constitution) and that having refused to name a date, Granger is not only defying the National Assembly and the Courts – two of the three arms of the state – but also denying Guyanese of their human rights.  

What is strange is the suggestion by Kirton that it is some unnamed “our leaders” and not specifically Granger, who are bringing the country into global disrepute. Kirton knows as well as anyone else that it is Granger and no one else who has the power to name a date for elections. But Kirton then shields Granger from the consequence of his failure to name a date by his (Kirton’s) attempt to rewrite Article 106 (7) of the Constitution. With only thirteen days left before the expiry for the holding of the elections, Kirton belatedly calls on Granger to name a date and let GECOM justify its refusal to hold the elections on the date named!

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Granger taking country into dangerous blind alley by refusing to uphold constitution

Yesterday was truly a sad day for anyone who believes in the supremacy of the Constitution and the rule of law. President David Granger it seems has rejected the proposals by the Leader of the Opposition Mr. Bharrat Jagdeo for the naming of a date for elections and for consequential matters following from that. Incredibly, and without any regard for the Constitution which I repeat, he is sworn to preserve and uphold, Granger informed Jagdeo that he has to “engage GECOM on the issue and thereafter another meeting will be held.”

If Granger wishes to be taken as seriously intent on observing the constitutional mandate imposed on him by the Constitution, he should at least have had that conversation with his handpicked Chairman of the Elections Commission before  meeting Jagdeo so that at the very least he would have been able to make a meaningful contribution to the meeting.

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