Attorney Saphier Husain Subedar has approached the High Court of Guyana to compel the holding of local government elections, while arguing that annual amendments to the law in order to delay the polls are unconstitutional.
Husain, the leader of the National Independent Party of Guyana, stressed in his court documents that the continued delay of the holding of the election represents a violation of his constitutional rights. Husain, who recently formed his political party, plans to contest in the election whenever it is held.
He also contended that there is no existing law empowering the minister to postpone the appointment of a day for elections and that all things done by municipalities and local democratic organs since December 1, 2013 were/are illegal, unconstitutional and void since their continuance in office is not in consequence of provisions made in the law. President Donald Ramotar rejected a bill passed by the National Assembly for the holding of the polls by August 1, and as a consequence no amendment was passed to cater for local government officials to legally continue to discharge their functions.
Local government elections were last held in 1994 and the court action comes amidst a lobby for their holding by both the main opposition, civil society and the international community.
In the court documents, which were filed yesterday, Husain asked the court to grant him four orders, including an order or Rule Nisi directing Minister of Local Government and Regional Development Norman Whittaker, in accordance with the Local Authorities Elections Act, to show cause why an Order of Writ of Mandamus should not be issued to command the minister to appoint a day between November 1 and 7 of December to hold local government elections.
He is also asking for an order or Rule Nisi directing the Elections Commission (Gecom) to show cause why an Order of Writ of Mandamus should not be issued commanding the body to conduct the elections by secret ballot on the date appointed by the minister.
According to the Supporting Affidavit, the elections, in accordance with the Act, ought to be held every three years between November 1 and December 7.
The attorney noted that the minister has the statutory duty to appoint by Order a day on which the elections should be held. “The minister and his predecessors have acted inconsistent and contrary to Section 35 (1) and 35 (2) of the Local Authorities (Election) Act Chapter 28:02…,” he charged. He said he has advised himself and believes that Section 36 A (1) of the Local Authorities (Election) Act, which includes amendments to delay the polls, is “unconstitutional, inconsistent and repugnant” to Article 71 of the Constitution, the Universal Declaration of Human Rights Section (21) and the United Nations Declaration on Criteria for free and fair elections (1994) Article (1).
Husain made the point that the last amendment of the Local Authorities (Election) Act dated January 9, 2013 purports to postpone the elections to 16 years from the last date of elections to December 1, 2013. He said that on January 16 this year, a bill was presented to Parliament to emend the Act to postpone the election for 17 years. This bill, the documents stated, was amended and passed in Parliament to read “sixteen years and eight months to 1 August but said Act has not been assented to by the President.”
The attorney contended that the contents of the bill are “inconsistent, repugnant to and purport to postpone the elections contrary to the Constitution and the Universal Declaration of Human Rights.”
According to Husain, the right to vote at periodical local government elections is a fundamental right as recognised by the United Nations. The attorney said that the postponement of the election violates not only his human rights but also his rights under the law to form or belong to a political party.
It was stated that Gecom is a constitutional body and has the responsibility of holding elections in Guyana. The body, it was noted, does not have the Constitutional Authority to cause or advise the deferral of the elections for over 16 years.
Husain added that the minister is vested with authority by the electorate to maintain democracy, to wit, set a date for election and instruct Gecom to do so. “It is repugnant to Constitutional theory, inconsistent with Democracy by amendments to transfer said authority to nominate a date for election to a non-elected Constitutional body, the Election Commission,” the attorney argued, while adding that the minister in conspiracy with Gecom has acted in excess of 16 years to “usurp the power of the electorate by refusing to appoint a date for Local Government Election on a regular and periodical basis since 1994.”
It was stated that the amendment to postpone the elections is recognised by the international community as a violation of the Universal Declaration of Human Rights and United Nation Declaration on Criteria for free and fair elections.
