…applauds CCJ for not bowing to pressures

WORKING People’s Alliance (WPA), a partner in the coalition government, in welcoming the decisions taken by the Caribbean Court of Justice (CCJ) on the no-confidence motion and the GECOM Chair appointment, applauded the court for upholding the Constitution and by extension the Principle of Separation of Powers.

Friday, the CCJ ruled that it has no jurisdiction to set deadlines or a date for the holding of General and Regional Elections, noting that, only the President, the National Assembly, and the Guyana Elections Commission (GECOM) have the powers to do such. The Trinidad-based CCJ also steer clear of setting timelines for the appointment of a chairman of the Guyana Elections Commission (GECOM), although the Leader of the Opposition, Bharrat Jagdeo, had asked it to set rigid guidelines.

“It is heartening that the court did not bow to pressures from the PPP to violate the Separation of Powers principle. In so doing, the CCJ has shown that it is prepared to withstand pressures aimed at dragging the court into the political sphere,” Executive Member of the WPA, Dr. David Hinds, said on Saturday as the alliance reacted to the consequential orders handed out by the court.

Dr. Hinds said while the court’s refusal to name a date for election should not be viewed as a victory for either side, it is definitely a setback for the Parliamentary Opposition – the People’s Progressive Party/Civic (PPP/C). The PPP, through the opposition leader, had invited the court to breach the Constitution and dictate when elections should be held.
“The PPP deliberately decided not to pursue a consensus position with the government as advised by the court in the hope that the absence of a unified position would have forced the CCJ to issue consequential orders. The opposition leader’s victory lap, therefore, is yet another attempt to mislead the public,” Dr. Hinds said.

He noted, however, while the WPA accepts the court’s declaration that the government is now in caretaker mode, it rejects the idea being peddling by the PPP/C, that government, during this period should only prepare for elections.

“For us, a caretaker government is a temporary government not a restricted government. It simply means that the government has lost its popular mandate and its continued tenure is dependent in the first place on the constitutional requirements or on a two-thirds vote of the National Assembly,” Dr. Hinds explained.

He noted that though the conduct of timely elections must be at the top of the government’s agenda, it should not prevent it from carrying out its normal functions. “There is no such thing as a half-government – there is either a fully-empowered government or none at all,” Dr. Hinds posited.

WPA, he said, therefore endorses the move by government to commence preparations for the annual budget.

“We disagree with the view that such a move is outside its mandate. Preparation of a budget is a necessary aspect of governance that must continue even when there is a political impasse. All governments have a responsibility to ensure that economic planning is not impeded by partisan political machinations. In other words, while the two sides work towards a solution, the budget process should not be held up,” the WPA Executive said.
WPA, nonetheless, renewed calls for the President David Granger and the opposition leader to intensify the search for consensus so as to pave the way for credible elections in a timely manner. Dr. Hinds said ultimately, only a political solution could move the process forward.
The government and opposition have been at loggerheads over the conduct of house-to-house registration, which is expected to produce a credible List of Electors for the conduct of General and Regional Elections.

“WPA continues to believe that going to the elections with a tainted list or one that does not enjoy the confidence of all sides is a recipe for further problems. Until proven wrong, WPA maintains that the most effective way to sanitise the list is by house-to-house registration. Elections are not a beauty contest; they have consequences beyond the ballot box. It follows that the matter of the GECOM chair should be resolved as quickly as possible so that that body could resume its work,” Dr. Hinds said.

He said WPA has taken note of President Granger’s willingness to expedite the process and urges the opposition leader to be less inflexible. Meantime, WPA called on coalition supporters to move into election mode, noting that in the end, every single vote counts.
Meanwhile, the Alliance For Change (AFC), another coalition partner, on Friday, said it respects and accepts the consequential declarations delivered by the CCJ.

“The AFC maintains the court’s position on the appointment of former GECOM Commissioner, James Patterson, and recognises that it is GECOM and GECOM alone that can determine a date and timeframe for General and Regional elections,” the AFC said.
It also took note of the declarations of the President of the CCJ, Justice Adrian Saunders, with reference to the timing of the elections.

“Article 106 of the Constitution invests in the President, the National Assembly and implicitly in GECOM responsibilities that impact on the precise timing of the elections which must be held, it would not therefore be right for the court, by the issuance of coercive orders or detailed directives to presume, to instruct these bodies on how they must act and thereby pre-empt the performance by them of their constitutional responsibilities. It is not, for example, the role of the court to establish a date on or by which the elections must be held or to lay down timelines or deadlines that, in principle, are the preserve of political actors guided by constitutional imperatives,” Justice Saunders said on Friday.

AFC noted too, that the CCJ emphatically stated, as well, “The President and the leader of the opposition should, as soon as possible, embark upon and conclude the process of appointing a new GECOM Chairman. This imperative is of utmost urgency.”
AFC reiterated that the process is critical to ensuring public confidence in credible General and Regional Elections. The party is therefore urging that consultations between the President and the leader of the opposition must continue so that a new chairman can be appointed without delay.