…President sets March 2, 2020 as earliest date for credible elections
…but insists Parliament must extend period

GUYANESE will likely head to the polls on Monday, March 2, 2020. President David Granger, in an address to the nation on Wednesday evening stated, “I am pleased to announce that… the earliest possible date for the holding of General and Regional Elections will be on Monday, 2nd March 2020,” the Head of State said in an address to the nation, Wednesday evening.

The announcement comes after extensive discussions with the Chairman of the Guyana Elections Commission (GECOM)– Justice (Ret’d) Claudette Singh– and the Cabinet. It also comes approximately one week after Justice Singh advised the Head of State that the Elections Secretariat will have all systems in place to facilitate free, fair and credible elections by the end of February, 2020.

Early elections in Guyana were triggered when, on December 21, 2018, the Parliamentary Opposition – the People’s Progressive Party/Civic (PPP/C) – secured a one-seat majority in the House to defeat the government on a Motion of No-Confidence. Now recalled Member of Parliament, Charrandass Persaud, had used his vote in the House to support the Motion, thereby giving the Opposition an edge over the government in the 65 Member National Assembly.

“We challenged the validity of the no-confidence motion and defended the challenge to the constitutionality of the appointment of the Chairman of the Elections Commission,” President Granger said while making it clear that his Administration has respected the decisions of the Courts and upheld the Constitution.

The No-Confidence Motion was upheld by the High Court on January 31, 2019 but on March 22, 2019, the Court of Appeal, by a 2-1 majority, invalidated the motion on the basis that an absolute majority was not acquired although the Opposition had secured an extra vote to defeat the government. It was not until June 18, 2019 that the Caribbean Court of Justice (CCJ) – Guyana’s final appellate court – validated the No- Confidence Motion. In handing down its consequential order on July 12, 2019, the CCJ stated clearly that the government, as a result of the passage of the No-Confidence Motion, will remain in office, though on a different footing, until a new President is sworn-in.

“The legal processes were neither frivolous nor aimed at delaying the consequences of the no-confidence motion. They sought to clarify and interpret the Constitution and to ensure that General and Regional Elections would be conducted on the basis of a credible list,” President Granger explained.

He maintained that he and his government have complied with the rulings of the Courts, upheld the Constitution of Guyana and respected the National Assembly at all times. “I engaged the Elections Commission from February 2019 repeatedly. I insisted that credible elections be held at the earliest possible time. Credible elections are essential to representative democracy,” he pointed out.

Notably, since his first meeting with GECOM in February 2019, the Elections Commission underwent a series of changes compounded by a number of challenges. Ahead of the CCJ’s landmark decision, the Opposition-nominated Elections Commission, in attempting to force the hands of the Commission, constantly walked out of statutory meetings, thereby, preventing the Commission from making any concrete decision on elections. On June 18, the same day it validated the No-Confidence Motion, the CCJ ruled that the appointment of the then Chairman of the Elections Commission, Justice (Ret’d) James Patterson was unconstitutional. Though he stepped down almost immediately, Justice Patterson, ahead of that CCJ ruling, on June 11, 2019, had issued an Order for the commencement of House-to-House Registration on July 20, 2019.

On July 29, Justice Singh was sworn-in as Chairman of GECOM after President Granger and Opposition Leader Bharrat Jagdeo agreed on a list of six nominees, in accordance with the advice of the CCJ.

Justice Singh, in compliance with a ruling of the High Court, took a decision to shorten the period initially allocated for House-to-House Registration. That process came to an end on August 31, 2019 by which time more than 370,000 persons had registered. Justice Singh’s decision followed extensive discussions between the Commission and the Secretariat.
It was not until September 19, 2019, that GECOM, for the very first time, was able to advice President Granger on its state of readiness for elections. “The Guyana Elections Commission will be able to deliver credible elections by the end of February 2020,” Justice Singh said in her letter to the President.

“I convened a meeting of available Cabinet ministers that very day, within hours of receiving her advice, to discuss the timeline provided to me by the Chairman. A second meeting of the full Cabinet was held yesterday, 24th September 2019, when all members accepted the advice provided by the Chairman of the Elections Commission,” President Granger detailed in his address.

The Cabinet Ministers, he said, also benefitted from the advice of Attorney General and Minister of Legal Affairs, Basil Williams. President Granger also met with the Chairman of the Elections Commission on Wednesday, September 25. During that meeting, statutory timelines for the upcoming General and Regional Elections were discussed. It was based on those discussions that the President arrived at the earliest possible date for elections.
“Guyanese, Guyana will observe its 50th anniversary as a Republic on Sunday, 23rd February 2020. The following day, 24th February 2020 will be a national holiday,” he noted.
The Constitution at Article 106 (7) states, “Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election”.

As such, he said the extension of a period beyond three months for the holding of an election is related to the Elections Commission’s readiness to hold the elections. “The Government of Guyana must, as a consequence, return to the National Assembly to request an extension. The National Assembly reconvenes on 10th October, 2019. The President is required to both dissolve Parliament as provided for in the Constitution at Article 70 (2) and the ten Regional Democratic Councils as provided for in the Constitution at Article 73 (2),” he stated.

The Constitution at Article 61, he further pointed out, states: “An election of members of the National Assembly under Article 60 (2) shall be held on such day within three months after every dissolution of Parliament as the President shall appoint by proclamation.”
The Constitution at Article 70 (2) states further that: “The President may at any time by proclamation dissolve Parliament”. The Constitution at Article 73 (2) provides that: “Elections of members of regional democratic councils shall he held and the councils shall be dissolved at such times as subject to paragraph (3), the President may appoint by proclamation.”

He told the nation that it could now look to the Elections Commission to conduct credible elections within the timeframe prescribed. Guyana, President Granger said, is on the right path to preserve its precious parliamentary democracy.