“Inimical to public policy, against public interest” – AG on Opposition’s bid to stop LGE

Inimical to public policy and against the public interest. This is how Attorney General and Legal Affairs Minister Anil Nandlall, SC, has described the main parliamentary Opposition’s bid to stop the upcoming Local Government Elections (LGE) which are scheduled for June 12.
In a Fixed Date Application (FDA) filed earlier this month, APNU’s Chief Scrutineer Carol Smith-Joseph averred that the Guyana Elections Commission (GECOM) acted unlawfully when it changed the boundaries of 37 constituencies in 19 Local Authority Areas (LAAs).

The Opposition is insisting that the changes violate Article 72 of the Constitution of Guyana, and Section 3 (1) (a) and (b) of the Local Authorities (Elections) Act Cap 28:03.
Consequently, it is seeking an order directing GECOM to comply with the legal provisions in relation to changing the boundaries before the long-overdue elections are held.
In her FDA, Smith-Joseph listed GECOM and its Chairperson, Justice of Appeal (Ret’d) Claudette Singh as the respondents. However, Nandlall argued that given the fact that he is the Government’s principal legal advisor, he ought to have been properly added as a party.
As such, he has applied to be added to the proceedings, contending that the court has jurisdiction to add the Attorney General pursuant to Rule 56:01 (1) and (3) of the Civil Procedure Rules (CPR).
In the execution of his role, Nandlall submitted that he has “a legal and constitutional onus and duty to participate in these proceedings, as the Government’s interests will be directly impacted by any order prohibiting the holding of elections as scheduled.”

Inimical to public policy
Should the court exercise its jurisdiction and grant the reliefs claimed by Smith-Joseph, the consequence, whether or not intended, would be to deprive the electorate of the right and benefit of choosing their representatives without further delay, argued the Attorney General.
This, he was keen to point out, would be adverse to a democratic system of Government by which each person is entitled to vote, and by which all members of the relevant community are entitled to vote and to exercise that right to be governed by representatives chosen democratically, whether or not individually. According to him, it is “inimical to public policy and against the public interest” for the APNU member to, at this belated hour, seek to prevent the holding of elections when a mere exercise of good conscience could have been utilised for a much more urgent filing, were the decision of GECOM as unconstitutional and unlawful as alleged.
Additionally, the Senior Counsel, in his filings, said “we are in elections season”, highlighting that preparations for the June 12 polls are already at an advanced stage and considerable resources have already been expended to ensure the efficient conduct and holding of LGE.
He pointed out, “Approximately $2.9 billion has been allocated to GECOM for preparatory works to ensure the successful planning and execution of the elections; nomination of candidates; polling stations have been identified and prepared; ballots have been printed; appointment of polling agents etc; training; and media sensitisation campaigns.”
The Attorney General argued that it is therefore in the public and national interest that LGE are held as lawfully determined and scheduled.
“[LGE] are a matter of public importance as they allow citizens to exercise their franchise to elect persons to represent their interests at the level of the Regional Democratic Councils (RDCs) and the National Democratic Councils (NDCs). These elected representatives perform crucial duties, many of which are essential to the proper functioning of their constituencies. [LGE] are past due, having been statutorily due since December 2021.”
This matter will come up before Chief Justice (ag) Roxane George, SC, next Tuesday.
Meanwhile, Opposition Leader Aubrey Norton recently announced that the party has instituted legal proceedings concerning, inter alia, instances of forgery and voter impersonation, it has brought to the attention of GECOM, but which the electoral body has continued to ignore.

Voters’ list
Also, next Tuesday, Justice George will deliver a ruling on the application by Smith-Joseph, challenging the process used by GECOM to compile the voters’ list for the upcoming polls.
“The process employed by the Commission to prepare a Register of Voters for use at the next Local Government Elections has deprived the electors and/or voters of the opportunity to object to persons on the Register of Voters in the manner provided for in, and contemplated by, Local Authorities (Elections) Act Cap 28:03”, Smith-Joseph has deposed in court filings.
In February, three months after it had to reverse the demarcation of constituency boundaries after recognising that Local Government Minister Nigel Dharamlall was not empowered to make such changes, GECOM approved Chief Elections Officer (CEO) Vishnu Persaud’s report on the demarcation of constituency boundaries. The changes were gazetted on February 8 despite objections from Opposition-nominated GECOM Commissioners.
The Opposition contends that in making the changes, GECOM blatantly disregarded the criteria and procedures for the demarcation of constituencies that it had previously used.
Opposition-nominated GECOM Commissioner Vincent Alexander had previously told another section of the media that the demarcation process entails party representatives and registration officials going out into the fields to agree on the boundaries; however, GECOM would have the final decision on the demarcations.
This court action comes at a time when GECOM is moving full steam ahead in preparing for the polls. In fact, Nominations Day was held on April 17, and saw parties or organisations/groups or individuals contesting at LGE making their way to a designated location set by GECOM, where their representatives submitted their List of Candidates, as well as signed on to the required documents, such as a code of conduct, in order to contest the elections.
Local Government Elections were initially scheduled for March 13, but disagreements over constituencies and how lists were to be extracted caused a holdup.
LGE were constitutionally due at the end of 2021, but GECOM was without a Chief Election Officer and could not have prepared to host the elections. GECOM, a constitutional body, was allocated $5.2B in the 2023 National Budget to carry out its functions. (G1)