-GECOM says it cannot now act

THE Opposition People’s Progressive Party (PPP) has written the Guyana Elections Commission (GECOM) for it to hold run-off elections in Local Authority Areas, including Mabaruma, which recorded equal votes in recently held Local Government Elections.

The letter to GECOM was written by attorney Bibi Shadick,who serves as one of the party’s commissioners on GECOM. Speaking at a news conference on Wednesday at the PPP’s Freedom House headquarters at Robb Street, Georgetown, Shaddick said she wrote the Chief Elections Officer Keith Lowenfield on May 31, reminding him of the six Local Authority Areas (LAAs) which recorded ties at the elections.

She said that she explained to him that these local government bodies have not been able to provide services to their residents due to the absence of a mayor in one area and five chairmen in the others.

The six LAAs include Mabaruma, where a mayor is to be elected, and five Neighbourhood Democratic Councils 9NDCs), namely Woodlands/Farm, Woodlands/Bel Air, Malgre Tout/ Meer-Zorgen, Gibraltar-Fyrish and Industry-Plaisance. The Minister of Communities Ronald Bulkan had appointed a mayor for Mabaruma and chairmen for the NDCs, but a High Court judge quashed those appointments.

“I am seeking to formally inform GECOM that the Local Authority Areas have not yet elected a mayor or chairman due to an equality of votes cast in favour of two nominated councillors in each case. This notification seeks to trigger GECOM’s legal and constitutional responsibility to hold run-off elections in the six LAAs,” Shaddick said in her letter.

According to the law, if a tie is recorded in a LAA at LGE, a run-off election is held to determine the outcome. According to the CEO however, this run-off election could only be initiated after GECOM has received a written correspondence from the overseers of the respective areas indicating the status of those LAAs, as is stipulated by the law.

”We can only initiate actions if that sub-action on the part of the overseer is satisfied in accordance with the law,” Lowenfield said.

Lowenfield confirmed that he was in receipt of the letter sent by Shaddick and subsequently sought the advice of the commission. He was keen to note too that the issue had been engaging the attention of the commission even before he was written to.

“The matter was before the commission prior to the [PPP] Commissioner writing us. And the commission made a decision which was to act in accordance with law. The law stipulates that GECOM cannot act unless the overseers write to GECOM,” the CEO said.

He further revealed that the overseers have not written to GECOM indicating the status of the NDCs. As such, he reiterated that no action can be taken by GECOM until they are written to.

With regard to the municipality of Mabaruma, Lowenfield explained that the issue is currently before the court, which means that the elections regulatory body cannot make a pronouncement or a decision on the issue until there is a ruling.

Two months after the stalemate following government’s decision to appoint leaders for the local government bodies that saw a tie in votes at the elections in March, the PPP said it was willing to negotiate with the administration on a way forward.

Government had said that an offer was made to the Opposition PPP, in which the latter would have had the right to elect the senior posts in local authority areas based on the plurality of votes, but this was rejected by them.

The PPP subsequently filed for the orders in the High Court quashing the decision on the basis that the minister acted contrary to and in violation of the Municipal and District Councils Act, Cap. 28:01. Justice Diana Insanally granted an interim order quashing the appointments.