ATTORNEY-General Basil Williams, in his submission to the Caribbean Court of Justice (CCJ), said House-to-House registration is critical for the conduct of credible elections, noting that there is no evidence to suggest that elections can be held in the absence of such a crucial process.

Last month, the CCJ validated a no-confidence motion against the government, triggering the need for early elections in accordance with Article 106 (6) and (7) of the Constitution. Since that landmark ruling, the CCJ invited the parties in the consolidated case to make submissions for consequential orders that should follow the ruling.

In his submission filed on July 1, 2019, the attorney general, through his Attorney, Senior Counsel Eamon Courtenay, invited Guyana’s final appellate court to order that the Guyana Elections Commission proceed with National Registration.

He said the court should order that “the registration of persons for the purpose of ascertaining who is qualified to be an elector is by ‘house to house’ visits as provided for under section 3(1) of the Elections Law (Amendment) Act of 2000.”

The CCJ was also invited to order that “General and Regional Elections shall be held on the National Register of Registrants/Central Register under the National Registration Act which Register is to be prepared by ‘house to house visits’ pursuant to sections 2 and 3 of the National Registration Act as amended by the National Registration (Amendment) Act No 31 of 2007.”

In support of his recommendation, the attorney general told the Trinidad-based CCJ that more than a decade ago GECOM took a decision that House-to-House Registration was critical for credible elections.

“A decision was taken by the Commission over 10 years ago that house-to-house registration was necessary for ensuring compliance with the Commission’s mandate under Article 162 of the Constitution, namely to issue all such instructions and take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of the Constitution or of any Act of Parliament on the part of persons exercising powers or performing duties connected with or relating to the conduct of registration of electors and the conduct of elections of members of the National Assembly,” the attorney general explained.

He said the facts show that on July 24, 2018, the Commission unanimously decided that house-to-house registration would be conducted in 2019 in preparation for the next General and Regional elections which was constitutionally due in 2020.
The Commission subsequently requested, and the National Assembly approved, funds to facilitate National Registration. The funds were approved in November 2018 during the consideration of the national budget.

“By a decision by the entire Commission taken at a statutory meeting on 19th February, 2019, the then Chairman (Justice James Patterson) issued the letter dated 21st February, 2019 to the President (David Granger) advising inter alia as follows: (i) Credible elections could not be held on or before 21st March, 2019 as this was logistically impossible; (ii) Since 2014, the Commission had made it known that it would take approximately 6 months from the time of notification of an election to prepare for and hold credible elections; (and) (iii) All financial resources for the holding such an election would need to be available to the Commission to meet that time frame,” the Attorney General detailed.

It was also pointed out that the Commission’s secretariat had indicated that in the case of early elections, at least five months would be required to hold credible elections whilst abridging certain time frames for registration and objections.

In another letter dated March 19, 2019, the then Chairman wrote to the President, and informed him that GECOM was handicapped in taking pivotal formal decisions for commencing the process towards holding the elections due to the fact that certain Commissioners began withdrawing from all of the Commission’s statutory meetings since February 28, 2019.

It was also pointed out that the Secretariat had advised that it was impossible, at the time, to compile an electoral list with a qualifying date as at April 30, 2019 for use from May 1 to October 31, 2019. He said the Commission had also advised the President that it would be in a position to hold an election by late November, 2019 if it received the additional funding requested.

Against that background the attorney general reminded the CCJ that GECOM is constitutionally independent.

“GECOM exclusively exercises ‘general direction and supervision over the registration of electors and the administrative conduct of all elections of members of the National Assembly,’” Williams explained while noting notwithstanding anything to the contrary, GECOM can postpone the holding of an election.

He also drew the Court’s attention to the fact that it also ruled on June 18 that the appointment of Justice Patterson as Chairman of GECOM was unconstitutional. That therefore means that GECOM is now without a chairman until one is appointed by President Granger based on a list submitted by the Opposition Leader, Bharrat Jagdeo following a series of consultation.

“Put simply, it is submitted that unless and until a Chairman of GECOM is appointed GECOM is constitutionally incapable of lawfully directing, supervising and administering the elections that are required to be held,” the attorney general told the CCJ.

Williams submitted to the court that there is absolutely no evidence to suggest that the officers and employees of the Secretariat of GECOM are not discharging their functions in order to ready the electoral apparatus for elections. According to him, on the contrary, the evidence strongly suggests that they are at work and time is required for the work to be completed.

“There is no doubt that all the parties accept that elections must be held. The state of readiness (or un-readiness) of GECOM to conduct credible elections cannot be ignored. The Court is simply not in a position to close its eyes to the evidence from GECOM,” the attorney general submitted.

On May 1, 2019, GECOM in an affidavit of then Chairman James Patterson submitted that the Court must carefully consider the Commission’s unchallenged evidence.

The CCJ was also invited to order that President Granger set a date for elections after consultation with GECOM, in accordance with the Constitution.