Dear Editor:
PERMIT me to respond to an article titled, “National parties have no part to play in LGE,” carried in the Guyana Chronicle (24 Wednesday 2016), with said comments attributed to Attorney at Law Nigel Hughes.Allow me to say from the outset that I am a strong proponent of the decentralisation of government and the diffusion of power throughout the governing system. In this regard, I’ve been an advocate against an executive presidency, for instance, and even presented a paper to this effect to the Constitution Reform Commission in 1999/2000. In the matter at hand, the journalist may have done a disservice to the public by not focusing on the reasons given by Mr. Hughes why national parties have no part in Local Government Elections (LGE), because as I went through the article, I couldn’t find a coherent reason to support the broad statement made which has so many implications. In any event, I find myself contrary to such an opinion as regards LGE.
The issue of national parties participating or not in Local Government Elections is a serious one and should be dealt with as such. Firstly, that kind of discussion strikes at the heart of the Constitution of the Cooperative Republic which states, at Article 12: “Local Government by freely elected representatives of the people is an integral part of the democratic organisation of the State. Further, at Article 13, “The principal objective of the political system of the state is to establish an inclusionary democracy by providing increasing opportunities for the participation of citizens and their organisations in the management and decision-making process of the State, with particular emphasis on those areas of the decision-making that directly affect their well-being.”
Secondly, the notion that national parties have no place in LGE may be an infringement on my rights under the Local Authorities (Elections) (Amendment) Act of 2015 and may even have implications for the Municipal and District Councils Act: Chap 28:01 and the regime of legislation which go with it.
Thirdly, outgoing Chief Justice (ag.) Ian Chang may not be the most loved member of the judiciary, but the reasons in his judgment in Richardson v Attorney General and Trotman, decided on Thursday July 9, should be of note. The Chief Justice ruled that notwithstanding the provisions of article 164, Act No 17 of 2001, insofar as it “dilutes” the democratic right of the electorate to elect a president of its own choice, needed a referendum and therefore violates article 164. The larger picture here is that the people have a right to elect who they want to lead them.
Fourthly, and this goes with my second point, if the people feel that the laws currently on the books do not reflect modern thinking, then there are certain recourses for redress. For redress, the people can so direct their elected representatives in Parliament who make the law, the legislative branch of government, or there can be recourse through the courts, which interprets and enforces the law, the judicial arm of the State. On this latter note and our subject matter, I am constrained by the thinking of the American Chief Justice John Roberts in his judgment on the “Affordable Care Act”: “Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”
Finally, where I agree wholeheartedly with Mr. Hughes is the additional comments attributed to him, “Local development is a community’s plan and no outsider can represent that better than persons from the community.” This is what I believe completely separates me from the other two contenders, whose sojourn is of recent vintage, in the municipality of Georgetown – Constituency 14: South Ruimveldt Park / Ruimveldt Industrial Estate.
I have lived in this constituency for close to 30 years and know its rhythms and cadences, its strengths and its challenges. I know of the flooding because I’ve waded in the waters; I know of the security concerns acutely having been robbed twice in the area and I know of the need for a better solid- waste programme, etc. I have had the great privilege of working on community development projects with ‘The Garage’ and ‘Cevons’, calling on them to be good corporate entities and they have answered. I’ve been a member of the South Ruimveldt Gardens Phase 1 Community Development and Policing Group which has for years been an instrumental part of the community. Currently, through a Private-Public Partnership, we’re transforming playgrounds in Orealla Avenue and Tukeit Drive to the benefit of all members of the community. My heart and soul are woven into the very fabric of my constituency. And this is why I cannot understand why as a humble citizen and resident, and a productive member of my constituency who democratically choose to identify with a particular political party, why I should have no place in Local Government Elections.
Regards
Sherod Duncan
APNU+AFC candidate for councillor