The change in management at the Soesdyke NDC was in compliance with the law

Dear Editor,

Both Stabroek News of August 16 and Kaieteur News of July 29, carried bilious reports on the internal elections that were held in the Soesdyke-Huis t’Coverden Neighbourhood Democratic Council on July 27, 2009. Those elections saw a change at the leadership level of the NDC and were the first to be held since 1994.

Incumbent Chairman Mr Leslie Glasgow who was in office since 1994, was voted out of office. He was replaced by Mr Aaron Grant-Stuart, who was the Deputy Chairman since 1994. The contest for a new Deputy Chairman was won by Mr Michael Persaud.

The elections which were by secret ballot, saw a change in management from Soesdyke/Coverden Community Development Council to the People’s Progressive Party/Civic. Mr Aaron Grant-Stuart and Mr Michael Persaud are members of the PPP/Civic team on the NDC, while Mr Leslie Glasgow and his team represent Soesdyke-Coverden Community Development Council.

Performing the duties of returning officer was the Overseer, Ms Diane Hamilton. Observers at the election included a senior official from the Ministry of Local Government.

AFC Councillor in RDC # 4 Mr Michael Carrington in launching an attack on Minister Kellawan Lall, charged on August 16 in Stabroek News that: “Chairman of the Soesdyke NDC Leslie Glasgow was voted out of office by four PPP/C Councillors and five public servants who had been appointed NDC Councillors by Lall.” He deemed this event as a move to facilitate the ruling party gaining control of the NDC. Mr Carrington is naïve.

Minister Lall in his capacity of Local Government Minister, is by the very nature of his office, already in full control of every single NDC in Guyana. He doesn’t need to make any special manoeuvre to control Soesdyke NDC. This total control is by virtue of laws passed by the dictatorial PNC regime in the 1969-1973 period, when Burnham ruled.

Here are the facts:

In the 1994 local government elections, there was a tie between the PPP/Civic and the independent group mentioned above. The PPP/Civic won 9 out of the 18 seats, while the group won the other 9 seats. Following a deal, it was agreed that the team which got the most votes at the elections, would take the chairmanship, while the PPP/C would get the deputy chairmanship. Contrary to what happens elsewhere when a tie occurred, there was subsequently no rotation of the chairmanship. The same partisan selfishness has occurred in Georgetown.

Internal elections could not be held due to the Local Authorities (Postponement of Elections) Act 1997, which stipulated that no internal elections should be held. This changed in December 2008, when the said act was amended to permit internal elections, that the PNCR was demanding for over a decade in the National Assembly. These elections are held where they are requested by the council and where the Minister in his own deliberate judgment, issues an order for them to be held. In the case of the Soesdyke NDC, there was a vote on this matter at a statutory meeting and it was agreed by the councillors that internal elections should be held.

In a letter to Minister Lall, dated January 28, 2009, Mr L Glasgow the Chairman said:

“With reference to your correspondence dated December 30th, 2008 please find attached resolution passed by the Soesdyke Huis t’ Coverden Neighbourhood Democratic Council at our statutory meeting dated 28-01-2009 for Chairman and Vice chairman.”

The resolution attached stated:

“Be it resolved that the Soesdyke Huis t’Coverden Neighbourhood Democratic Council hold its internal election for Chairman and Vice Chairman in accordance with Section 3 of the Local Authority (Elections) (Amendment) Act 2008.”  That motion bore the signature of Mr Ramroop and Mr Grant Stuart as mover and seconder.

Upon receipt of these items of correspondence, the Minister instructed that the elections proceed in keeping with the provisions of the Local Government Act, chapter 28:02, at Section 28 (1), (3), (4), (5), (6), (7) and (8). Subsection (2) of that section is inoperable, due to the specific nature of the 2008 postponement act.

The NDC duly went ahead and fixed July 27, 2009 as the date for the internal elections.

Many weeks before the election date it was observed that the council stood as follows:

Soesdyke-Coverden Community Council 6

People’s Progressive Party-Civic              3

While the independent group still had persons available on its 1994 candidates list, the PPP/Civic had only one person, a Mr Khemraj Singh. Application was made to the Minister for him to exercise his authority under Section 35 of the Local Government Act and appoint several persons to the council. Such appointees are deemed councillors of an NDC as if they were elected. The act does not say they can’t vote. So they voted, as appointees do elsewhere in other NDCs to which similar appointments have been made.

Several days before the election date, one of the appointees,  Ms Shelly Ann Baya, who was appointed on April 23, 2009, and who taught at a government school, lost her status as a public servant, in that she became a teacher at a private school. This meant that she had to be replaced. This was communicated to the Minister who revoked her appointment by letter dated July 23, 2009 and appointed in her stead, Ms Nadia Hussein on July 24.

All appointments were copied to Mr Glasgow and RDC Chairman Mr Corlette. So was the revocation of Ms Baya’s appointment. Similarly, all appointments made by the Chief Election Officer Mr Gocool Boodhoo, are copied to the Minister of Local Government.

The record reveals as follows:

The Chief Election Officer, acting on a request from the PPP/Civic appointed Mr Khemraj Singh to fill the vacancy created on the NDC by Mr Sewahnand Persaud. With that appointment dated June 8, 2009 the PPP/Civic candidates list was completely exhausted.

The Chief Election Officer acting on requests from the Soesdyke-Coverden Community Council, made the following appointments, all dated June 8, 2009:

* Mr Stephen Solomon to replace Mr Emrol Amsterdam

* Mr Ewart W Fernandes to replace Mr Lindsay Cush

* Mr Aubrey Williams to replace Mr Leroy Meertins

On Monday July 27, 2009 at 8 am the election took place. Mr Glasgow meantime, had augmented his team to the maximum 9 members, by utilizing his candidates list via the Chief Election Officer. Appointments from the public service are the preserve of the Minister of Local Government. Contrary to speculation by Mr Glasgow in Kaieteur News of July 29, 2009, neither GECOM nor the RDC has any locus standi where Section 35 of the Local Government Act is concerned.

Under the act and its by-laws, a vote can be done by show of hands and by secret ballot.  The secret ballot was opted for by the councillors and implemented by the Overseer.

The results of the election for Chairman were:

Aaron Grant Stuart 9 votes

Leslie Glasgow        8 votes

The results of the election for Deputy Chairman were:

Michael Persaud     9 votes

Leslie Glasgow        8 votes

One member of the Soesdyke-Coverden Community Council team had left Guyana for holiday overseas some days before. Had Ms Baya not been replaced there would have been a tie. In such a case, the Minister has options within which to break the deadlock.

Yours faithfully,
Clinton Collymore
Ministerial Advisor
Ministry of Local Government
& RegionalDevelopment