– as hearing of PPP move to block holding of LGEs continues

THE hearing of the matter regarding an injunction filed by the opposition People’s Progressive Party (PPP) to block the holding of Local Government Elections (LGEs) in several areas across the country this November will continue on October 8.
When the matter was called before Justice Gino Persaud on Friday at the High Court, counsel for the respondents requested 14 days in which to file affidavits in the matter. Minister of Communities Ronald Bulkan and the Chief Elections Officer of the Guyana Elections Commission (GECOM) are named as the respondents in the matter.

At the same time, counsel for Bibi Shadick, a GECOM commissioner in whose name the matter was filed, called for the hearing to proceed expeditiously. One of the applicant’s lawyers, Marcia Nadir-Sharma, indicated to the court that they can make submissions in the matter within a seven-day period after the filing of affidavits by counsel for the respondents.

The hearing will commence on October 8, 2018. This year’s elections are scheduled for November 12.

According to court documents seen by this publication, the opposition party alleged that the subject minister has failed to identify by name, boundaries, and number of members, each of the Neighbourhood Democratic Councils it highlighted in court documents. The injunction was filed on the grounds that the said decision is “unlawful, illegal, in violation of the Local Democratic Organs Act, Cap. 28:09”.

The party, in the documents, called for the quashing of a decision by the chief elections officer to fix the exterior boundaries in respect of several municipalities and NDCs on the grounds that the said decision “is ultra vires, unlawful, in violation of the Local Democratic Organs Act, Cap. 28:09, in excess of jurisdiction, failed to satisfy or observe procedures required by law, abuse of power, illegal and constitutes a usurpation of the statutory functions of the first-named Respondent under the Local Democratic Organs Act.”

The injunction, which was filed in the name Bibi Safora Shadick – a commissioner on the Guyana Elections Commission, also called for consultations to be held with the electors and stakeholders inclusive of the major political parties likely to vote and contest the election of councillors in the named local authority areas, in relation to the establishment of constituency boundaries within the said areas.

It called for such actions to be held “with every convenient speed to enable the election of councillors to Local Democratic Organs to take place on the 12th November, 2018, or any other date during the period statutorily provided for the holding of such elections.”
Among the areas named are the municipality of Rose Hall, the municipality of Mahdia, Moruka/Phoenix Park, Kitty/Providence, Nile/Cozier, Lamaha/Yarrowkabra, Hauraruni/Yarrowkabra, Plegt Anker/Kortberaad and Wyburg/Caracas.

The PPP alleged that in creating new NDCs and modifying and/or re-demarcating the existing internal boundaries of existing constituencies, the named respondents “not only acted unlawfully, but they did so unfairly, capriciously, whimsically and in a manner to prejudice and skew the elections in favour of one major political party and against the other.”

Minister Bulkan told reporters last week that to the best of his knowledge and based on statements made by the PPP, they acknowledge that he has the authority under the law to determine the size of councils.

He said the opposition is positing that he acted undemocratically and that it invoked Article 13 of the constitution which speaks to inclusionary democracy.
“No. I don’t see why I should be fazed,” he said regarding the move by the PPP. He said he acted “lawfully and legally” and he noted that there has been no claim to the contrary that he acted unlawfully.