…says court lacks jurisdiction, allegations must be addressed through elections petition

GOVERNMENT intends to apply to the High Court to make submissions in limine to strike out an application by the People’s Progressive Party which, if successful, can block the holding of Local Government Elections in several districts.

Speaking to the Guyana Chronicle from overseas, Attorney General Basil Williams said that the application to strike out the action filed by Bibi Shadick will be made on the grounds that her contentions amount to allegations of irregularities and illegalities challenging the validity of the LGEs, which have been gazetted to be held on November 12, 2018. Williams contends that the court has no jurisdiction to entertain the application by Shadick, saying that once allegations of irregularities and illegalities are raised after the elections process has begun (Order made on July 18, 2018), the law requires that any such challenge must come after the elections are held and by way of an elections petition. He added that this is so because of the peculiar, special jurisdiction created by the statute namely: Local Authorities (Elections) Act Cap. 28: 03, as well as the Municipal and District Councils Act cap. 28: 01 and Local Government Act Cap. 28:02.

The PPP is alleging that Minister of Communities, Ronald Bulkan had failed to issue an order for the holding of Local Government Elections under the Local Democratic Organs Act Cap. 28.09, as well as against the chief elections officer for inter alia demarcating and redemarcating constituencies’ boundaries without consultations with electors, stakeholders and political parties.

Williams told the Guyana Chronicle that the application in the name of Shadick, who is also a commissioner of the Guyana Elections Commission, is frivolous and is designed to delay LGEs “that was discontinued under the PPP.” Local Government Elections were not held in Guyana for almost the entire life of the PPP/C government in office. President David Granger last week told a gathering in Berbice that there would be no postponement of Local Government Elections.

The hearing of the matter began last Friday before Justice Gino Persaud in the High Court. The matter has been put down for hearing on October 8. When the matter was called before Justice Persaud, counsel for the Attorney General’s Chambers representing Minister of Communities, Ronald Bulkan, one of the respondents in the case requested 14 days in which to file affidavits in answer to Shadick’s application. Chief Elections Officer of the Guyana Elections Commission (GECOM), Keith Lowenfield is the second-named respondent who is being represented by attorney Roysdale Forde.

At the same time, counsel for Shadick, Anil Nandlall and Marcia Nadir-Sharma, called for the hearing to proceed expeditiously. 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. In her application, Shadick alleged that the subject minister has failed to identify by name, boundaries, and number of members, each of the Neighbourhood Democratic Councils. She contended that the said decision is “unlawful, illegal, [and] in violation of the Local Democratic Organs Act, Cap. 28:09”.

Shadick also 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 application 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 had told reporters last week that to the best of his knowledge and based on statements emanating from the PPP, it has acknowledged that he has the authority under the law to determine the sizes 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.