Dear Editor,
A new law has come into effect this week in South Africa allowing independent candidates to run for national and provincial offices including as President and as Premier of a Province (Region in Guyana). As in Guyana, prior to now, only political parties could run for national and regional (Provincial) offices. Lawyers, politicians, voters and public opinion felt the restrictions were unfair and unconstitutional denying citizens a right to seek national elective office or their own political representation. There were no court challenges although they were being considered as the law restrict the rights of citizens to run for office. Virtually no traditionally democratic country, other than Guyana and South Africa, denied independents the right to seek representational office.
The South African parliament finally caved in to demand to change the law allowing independents to run. President Ramaphosa signed the bill into law that puts names of independents on ballots. The South African Elections Commission put the law into effect this week and has begun preparation for elections next year. Votes that independents receive will be converted into seats to the national or provincial parliament. Under the new South African law, anyone can run for President/Premier/MP/Councillor without party affiliation. The Elections Commission is working out the details as to how the independents will be appointed MPs if he or she wins sufficient votes for seats to parliament.
Guyana’s constitution does not allow independents to run for national or regional office although they can run for local office. There is no logic to this discrepancy and is viewed as a violation of a citizen’s basic right to seek elective office. Lawyers in Guyana and the Caribbean say the law is unconstitutional as it deprives citizens the right to seek the Presidency or run for parliament or as a Regional Councillor. Citizens should challenge this burdensome law that denies equality to all.
There are several contradictions in the Guyana constitution on who can run for President. Anyone can run for President but only as head of a party and meet minimum signatures from at least six regions. Such a rule violates one’s right to be independent, free of political (party) affiliation. The law makes it very cumbersome and a financial burden for citizens especially from the hinterland regions (1, 7, 8, 9, in particular) to seek the Presidency even if one is running as head of a party. It may be less cumbersome to obtain such signatures in Regions 2, 3, 4, 5, 6, (all coast centered) and 10 where the bulk of the population reside. Clearly, the law favours coastal based parties that receive the bulk of their support from those areas, discriminating against parties that are indigenous or hinterland based.
The law imposes a heavy burden on indigenous people to run for the Presidency. That is a basic violation of equal rights of all citizens and is discriminatory against our native people. I am surprised lawyers have not challenged the law on who can run for office. I call on decent minded rights lawyers like Chris Ram, Timothy Jonas, Ralph Ramkarran, Mursaline, Santram, Darshan Ramdhanie, Pollard, Jai Kissoon, Nighel Hughes, among others to challenge this discriminatory law. Simultaneously, I urge the political parties to immediately table an amendment in parliament for constitutional change to allow independents to run for office as well as to remove the requirements of signatures from six regions in order to run for national or regional office. Such a move will make all parties equal and allow them (particularly Amerindian based) to seek national or regional office.
In this day and age, citizens should enjoy greater, not less, rights and be allowed to pursue political dreams of seeking elective office. South African has made a progressive change allowing any citizen to run for office as is the law in modern democracies. Guyana should follow suit!
Sincerely,
Vishnu Bisram
