Professional misconduct cited in GECOM’s decision not to renew legal officer’s contract

THE Guyana Elections Commission (GECOM) has officially decided not to renew the contract of its Legal Officer, Mr. Kurt Da Silva, following deliberations at its statutory meeting held on Tuesday, April 8, 2025.
Despite receiving high scores in his performance appraisal and a recommendation from GECOM’s Chairperson for contract renewal, a majority decision by the Commission determined that Mr. Da Silva’s contract would not be renewed. The decision came after new developments emerged subsequent to his performance review period, which ended on February 10, 2025. Mr. Da Silva served in the role until March 31, 2025.
LEGAL MISSTEPS SPARK CONTROVERSY
According to GECOM in a statement on Wednesday, the turning point in the decision was Mr. Da Silva’s representation of the Chief Election Officer (CEO) in a recent court matter. The case centred around the verification of addresses for applicants seeking registration, as mandated by the Representation of the People (Amendment) Act No. 25 of 2022.
However, GECOM stated that Mr. Da Silva’s submissions to the court carried significant risks that could have damaged public confidence in the Commission’s ability to conduct credible elections. These submissions also had the potential to delay elections beyond the constitutional deadline, posing political and governance risks.
Further, the Commission found that Mr. Da Silva’s arguments in court appeared to support the applicant’s position rather than the CEO and GECOM — whom he was employed to represent.
BREACH OF PROFESSIONAL CONDUCT
GECOM outlined several reasons for its decision, citing breaches of professional conduct and failure to faithfully represent the interests of his client — the CEO. These included: Introducing arguments in court contrary to the sworn position of the CEO without prior discussion or approval; Acting beyond the scope of his authority, effectively undermining the Commission’s position in the case; and severely eroding trust and confidence in his ability to execute his duties, particularly in sensitive legal matters tied to the electoral process.
FINAL DECISION
As a result of these factors, the Chairman of GECOM concluded that there was a compelling case against renewing Mr. Da Silva’s contract. The majority of Commissioners supported this position, bringing an end to Mr. Da Silva’s tenure with the Commission.
GECOM reaffirmed its commitment to ensuring professional integrity and accountability within its operations, especially in matters related to Guyana’s electoral processes.

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