Chief Election Officer (CEO) Keith Lowenfield has been granted an interim injunction barring the Guyana Elections Commission (GECOM) from discussing a motion for his dismissal.
“Justice (Jo-Ann) Barlow granted an order this afternoon restraining GECOM from proceeding with the hearing of the notice of motion for dismissal based on the complaint by Shadick and Gunraj which is the subject of the court action until the 9th August when she delivers her ruling on the Lowenfield injunction application,” the CEO’s attorney Nigel Hughes told Stabroek News last evening.
He explained that the delay was occasioned by a request from GECOM’s attorney Kim Kyte who requested leave to file an application in response to the submission for injunctive relief.
“We have been granted two days to file a supplementary affidavit and Ms Kyte has been granted two days after receipt of that affidavit to respond,” Hughes noted.
The substantive matter is still to be heard. Lowenfield had moved to the High Court in a bid to bar government-nominated members of GECOM Sase Gunraj and Bibi Shadick from voting on the motion seeking to dismiss him.
Underscoring that the motion had been tabled by Gunraj and seconded by Shadick, Lowenfield contends that “the participation of the complainants Gunraj and Shadick in the hearing of their own complaint is in breach of the rules of natural justice [and] infected the deliberations of the Commission with bias.” He argues in his Fixed Date Application (FDA) against GECOM that his contract of employment provides two bases for termination of his services–either via a three-month notice; or without notice for “gross misconduct” providing that the CEO is given written notice setting out clearly the reason for termination and being given an opportunity to respond.
Among other things, Lowenfield is seeking a declaration of what he says is his entitlement to the protection of the rules of natural justice and fair hearing and resultantly for Gunraj and Shadick to be restrained from participating as adjudicators hearing the motion.
He also wants the court to declare that GECOM—having determined the motion is to be heard—is bound to ensure he is protected by natural justice and is given a fair hearing.
