THE Elections Proclamation, as promised by President Donald Ramotar, was signed on Friday, is to be published in the Official Gazette, as it required by the Interpretation and General Clauses Act.Since Tuesday announcement of May 11 as the day Guyanese return to the polls for General and Regional Elections, several have posited that the proclamation has to be signed before the date was

valid.
The most recent such expression was made by former Caribbean Court of Justice (CCJ) judge, Justice Duke Pollard, in a letters to the newspapers.

IN LINE WITH CONSTITUTION
However, Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, when asked to comment of the legislative framework in place, underscored the fact that President Ramotar’s course of action is in line with Constitutional provisions.
He said, “Article 61, in very clear language, sets out a procedure by which and by whom a date is fixed for the elections of Members of the National Assembly, by way of Proclamation.
“It provided that a date is to be appointed by the President; that the appointment of that date is to be done by a proclamation; and that such a date must be within three months of Parliament being dissolved.
“The President has embarked upon a course of action that is in compliance with that constitutionally outlined procedure.”
According to Nandlall, the Head of State has announced a date for those elections and has signed a proclamation formalizing the appointment of that date. “That proclamation will be published in the Official Gazette as it required by the Interpretation and General Clauses Act,” he said.
The AG added: “There is absolutely no provision either in the Constitution or under any other law, which requires the aforesaid outlined procedure to take place either, instantaneously or simultaneously.”
On the question of the dissolution of Parliament, he explained that this will be done in the Constitutional framework, within which it must.
“There is absolutely no requirement for Parliament to be dissolved, as a condition precedent to the President’s appointment of a date for election. Parliament will be dissolved by the President at a future date and in the exercise of his own deliberate judgment, within the timeframe prescribed by Article 61,” Nandlall said.
All considered he opined that Pollard’s comments were misdirected. “I am of the respectful view that the learned former judge of the CCJ misdirected himself on these matters included in a letter and published in the press,” he said.

NEXT STEP
With the publication of the Elections Proclamation in the Official Gazette, the dissolution of Parliament, as well as other statutory and administrative requirements for the hosting of General and Regional Elections will follow.
The return to the polls is expected to bring an end to the current political impasse that has gripped Guyana for the last three years.
During his announcement of a date for elections, President Ramotar appealed for stability, both, during and after elections – all in the interest of protecting and consolidating the democratic gains Guyana has made to date.
The last General and Regional Elections were held in November 2011.

(By Vanessa Narine)