…AG slams opposition for re-litigating issues already determined by CCJ
…warns party against disinformation, fake news

ATTORNEY General, Basil Williams believes that the opposition is abusing the court process by ‘re-litigating’ the Caribbean Court of Justice’s (CCJ) decision in its application calling for the High Court to set timelines for the holding of elections and for it to put an halt to the ongoing house-to-house registration exercise.

Williams made the comments Monday evening during a panel discussion hosted by the American Chamber of Commerce at the Marriott Hotel. The panel was shared by Williams, Senior Counsel, Ralph Ramkarran and Attorney-at-law, Anil Nandlall.

“It is unfortunate that there is now a situation in our legal system, where the lowest court of the judiciary is asked to re-litigate an issue that was already properly dealt with and orders were passed down by the highest court of the judiciary – the CCJ,” Williams told the audience of diplomats and business leaders. In fact Nandlall went as far as telling the High Court earlier on Monday that it should not confine itself, as was done by the Caribbean Court of Justice (CCJ) by ‘failing’ to set timelines for the hosting of General and Regional Elections following the historic no-confidence motion against the government.

As he wrapped up his arguments on Monday in the case brought against the Guyana Elections Commission (GECOM) by Chartered Accountant Christopher Ram for the conducting of house-to-house registration, Nandlall told Chief Justice, Roxane George-Wiltshire, that the CCJ must have regretted not setting a timeframe for the holding of elections. The High Court, he posited, should not make a similar mistake.

The CCJ, while validating the no-confidence motion against the government, said it is not within its remit to issue coercive orders and detailed directives, instructing the constitutional players how to act. While the Article 106 (6) and 106 (7) of the Constitution state that elections should be held within three months or during an extended period as agreed by two-thirds of the National Assembly in the form of the resolution, the timeframe has not been extended. The government has invited the opposition to return to the House to extend the time, in accordance with the Constitution, on the basis that GECOM is still preparing for elections, but it has objected.

Williams told the forum that, “this is an unfortunate situation our country is now faced with.” The AG accused the lawyers responsible for taking the case up, of completely distorting the solid reasoning of the CCJ, which was based on the constitution, relative to the interim state of the government and the holding of house-to-house registration.

Article 62 of the Constitution of Guyana, has mandated the independence of the Elections Commission and clearly outlines its responsibility, that is, to independently supervise elections in accordance with the provisions of Article 162.

According to Article 162 (1), GECOM shall exercise general direction and supervision over the registration of electors and the administrative conduct of all elections of members of the National Assembly; and shall issue such instructions and take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of this Constitution or of any Act of Parliament on the part of persons exercising powers or performing duties connected with or relating to the matters aforesaid.

“In fact, what we have now, is a most anomalous situation where the lowest court in our structure is sitting on review and has been asked to take a review, on the decision of the Apex Court, so it is turning the whole system upside down but of course we know that good sense will prevail,” the AG argued.

Williams stressed that the lowest court, cannot re-litigate issues that has been determined in the highest court, but in fact, has a duty to uphold its ruling. This attempt to regress a situation that will allow for free and fair elections, the AG said, will not see fruition. “And so all of this, the type of disinformation, fake information, it ought to stop, it doesn’t do well for the country. You know that we are properly in office, we are there as an interim government, we have acknowledged that,” he argued.

In its consequential orders, the CCJ ruled, that it would be wrong for it to set a deadline or date for the holding of elections in Guyana when the Constitution invests that power in the President, the National Assembly and implicitly in GECOM. The Chief Justice will hand down her decision in the matter on Wednesday, August 14, 2019 at 13:30hrs.