Dear Editor,
The letter by Gail Teixeira, “GECOM has no authority to state it is unable to hold elections prior to date being announced, President knowingly causing constitutional crisis” (SN: 1/3/ 2019), is highly disingenuous, especially from someone who has been in public life as long as the Honourable Member of Parliament has. The Honourable Member served as minister in several ministries over the life of successive People’s Progressive Party/Civic (PPP/C) administrations; also serving as Chief Whip and Presidential Advisor on Governance. Ms Teixeira should be in possession of the facts above the level of the common man or at least is in a position to acquaint herself to same.
However, in her missive, institutional memory has abandoned the Honourable Member, or she does not care to avail herself to a reflection on our political history of recent vintage. But facts are stubborn things.
Firstly, in 2006, General and Regional Elections were constitutionally due on August 4th under the Presidency of Bharrat Jagdeo. I refer the Honourable Member to the Stabroek News of April 11, 2006, “GECOM agrees to poll delay”.
The article reads, “The Guyana Elections Commission (GECOM) yesterday decided by a majority vote that elections would be delayed past the August 4 constitutional deadline; a situation that now calls for arrangements to be put in place to extend the life of the government. After weeks of protracted discussions on a date for the upcoming elections, the Commission has identified August 30th as the possible election day following a four to three vote at yesterday’s statutory meeting. Sources said GECOM Chairman Dr Steve Surujbally cast the deciding vote, after a split between the six commissioners nominated by the ruling PPP and the parliamentary opposition parties.”
Jagdeo’s government on April 13, 2006, then used its majority in Parliament to pass a “controversial constitutional amendment that allowed for an extra month for the holding of elections”. That very night, President Jagdeo dissolved Parliament.
In a press statement at the time, the PPP/C said that it was “forced” to proceed with the constitutional amendment on its own to accommodate the delay in the election date: “The attempt by the opposition to exploit a critical situation for a partisan political agenda, which has arisen through no fault of the government’s, to extract political concessions and limit the government’s capacity to deliver services to the Guyanese people was unacceptable.”
Secondly, in 2001, under the CARICOM-brokered Herdmanston Accord, which had been incorporated into the country’s legislation, elections were to be held by January 17, 2001. When GECOM could no longer meet the deadline, elections were deemed ‘no longer practicable’.
GECOM had been aiming for a poll date of January 15, 2001 but was tied up in wrangling pertaining to the passage of key legislation [Election Laws (Amendment) Bill No. 11/2000] for a new electoral system and there was also contention among GECOM commissioners on the distribution of 25 seat among 10 regions.
In November 2000, under the Bharrat Jagdeo administration, it was GECOM which formally told political parties that elections could no longer be held by January 17, 2001.
I refer the Honourable Member to the Stabroek News of December 8, 2000, “Polls for March 19”: “President Bharrat Jagdeo in an address to the nation last night announced March 19 as the date for elections which were postponed from January 17, on the advice of the Elections Commission.”
According to the papers, the president stated that his government, “will fulfil its constitutional obligation through the Elections Commission to deliver to the people of Guyana a free, fair and credible elections…”
I refer the Honourable Member Gail Teixeira to Stabroek News of January 18, 2001, “Voluntary government limits on from today”. The PPP government declared, “the business of the government continues as normal”. The events flowing from the Election Petition ruling of January 15, 2001 which voided the 1997 General and Regional Elections overtook what was already a grave political situation and catapulted the nation into its worst constitutional crisis to date.
There was no political agreement on what that post-January 17, 2001 governance would entail. What was certain, however, was that there would be no elections as expected and mandated in January 2001.
In a statement at the time, the Office of the President said it will always be opened to dialogue and consultation on issues of national importance with the Leader of the Opposition. Mr Jagdeo was President. Today, as Leader of the Opposition, Mr Jagdeo seems to want to unilaterally set the agenda for such “dialogue and consultation” with the President.
Again, I find the Honourable Member Gail Teixeira’s memory selective on these matters of national and constitutional importance especially as regards the role of PPP/C governments and GECOM in them.
Yours faithfully,
Sherod Avery Duncan
