Dear Editor

GAIL Teixeira’s letter,”GECOM has no authority to state it is unable to hold elections prior to date being announced, President knowingly causing constitutional crisis,” (Stabroek News, March 1, 2019), is highly disingenuous, especially from someone who has been in public life for as long as the Honourable Member of Parliament has.

The Honourable Member has served as minister in several ministries, as well as Chief Whip and Presidential Adviser on Governance over the life of successive PPPP/C administrations.

Ms. Teixeira should be in possession of the facts above the level of the common man, or at least be in a position to acquaint herself with same.

However, in her missive, institutional memory seems to have abandoned the Honourable Member, or she does not care to avail herself of a reflection on our political history of recent vintage. But facts are stubborn things.

Firstly, in 2006, General and Regional Elections were constitutionally due on August 4, under the Presidency of Bharrat Jagdeo. I refer the Honourable Member to Stabroek News, April 11, 2006, “GECOM agrees to poll delay.”

The article reads, “The Guyana Elections Commission (GECOM) yesterday decided by a majority vote that elections would be delayed past the August 4 constitutional deadline; a situation that now calls for arrangements to be put in place to extend the life of the government.

“After weeks of protracted discussions on a date for the upcoming elections, the Commission has identified August 30 as the possible election day, following a four-to- three vote at yesterday’s statutory meeting.

“Sources said GECOM Chairman Dr. Steve Surujbally cast the deciding vote, after a split between the six commissioners nominated by the ruling PPP and the parliamentary opposition parties.”

The Jagdeo government on April 13, 2006, then used its majority in Parliament to pass a “controversial constitutional ammendment that allowed for an extra month for the holding of elections.” That very night, President Jagdeo dissolved Parliament.

In a press statement at the time, the PPP/C said that it was “forced” to proceed with the constitutional ammendment on its own to accommodate the delay in the election date: “The attempt by the opposition to exploit a critical situation for a partisan political agenda, which has arisen through no fault of the government’s, to extract political concessions and limit the government’s capacity to deliver services to the Guyanese people was unacceptable.”

Secondly, in 2001, under the CARICOM-brokered Herdmanston Accord, which had been incorporated into the country’s legislation, elections were to be held by Janurary 17, 2001. When GECOM could no longer meet the deadline, elections were deemed ‘no longer practicable.’

GECOM had been aiming for a poll date of Janurary 15, 2001, but was tied up in wranglings pertaining to the passage of key legislation [Election Laws (Amendment) Bill No. 11/2000] for a new electoral system and there was also contention among GECOM commissioners on the distribution of 25 seats among 10 regions.

In November 2000, under the Bharrat Jagdeo administration, it was the GECOM which formally told political parties that elections could no longer be held by January 17, 2001.

I refer the Honourable Member to Stabroek News, December 8, 2000, “Polls for March 19”: “President Bharrat Jagdeo in an address to the nation last night announced March 19 as the date for elections, which were postponed from January 17, on the advice of the Elections Commission.”

According to the newspaper, the president stated that his government, “will fulfil its constitutional obligation through the Elections Commission to deliver to the people of Guyana a free, fair and credible elections…”

I refer the Honourable Member Gail Teixeira to the Stabroek News of January 18, 2001, “Voluntary government limits on from today.” The PPP government declared “the business of the government continues as normal.” The events flowing from the Election Petition ruling of January 15, 2001, which voided the 1997 General and Regional Elections, overtook what was already a grave political situation and catapulted the nation into its worst constitutional crisis to date.

There was no political agreement on what that post-January 17, 2001 governance would entail. What was certain, however, was that there would be no elections, as expected and mandated, in January 2001.

In a then statement, the Office of the President said it will always be open to dialogue and consultation on issues of national importance with the Leader of the Opposition. Mr. Jagdeo was President. Today as Leader of the Opposition, Mr. Jagdeo seems to want to unilaterally set the agenda for such “dialogue and consultation” with the President.

Again, I find the Honourable Member Gail Teixeira’s memory selective on these matters of national and constitutional importance, especially as regards the role of PPP/C governments and GECOM in them.

Regards,

Sherod Avery Duncan