Former Legal Officer Kurt Da Silva, whose contract at the Guyana Elections Commission (GECOM) came to an end and was not renewed by majority decision at the commission, is now demanding that his former employers apologise to him over the reasons they publicly stated for not renewing his contract.
In letters dispatched to GECOM Chairperson, (Ret’d) Justice Claudette Singh and Chief Elections Officer (CEO) Vishnu Persaud, Da Silva claimed that his reputation had been tarnished due to GECOM’s accusations of his conduct- accusations Da Silva claimed were not true.
From left: Former GECOM Legal Officer Kurt Da Silva, GECOM CEO Vishnu Persaud and GECOM Chairperson, (Retired) Justice Claudette Singh
The GECOM chairperson had sided with the Government nominated GECOM Commissioners, in voting not to renew Da Silva’s contract last week, while the Opposition commissioners had walked out of the meeting after the vote was taken.
GECOM had cited, among other reasons, a legal opinion Da Silva had proffered in a court case on the verification of the voters list. His legal opinion had not been sanctioned by GECOM or the CEO, prompting the agency to distance itself from him. Da Silva claimed in his letter, however, that he had previously told GECOM about his legal position.
“The content of my legal submissions was not a surprise to GECOM. For several months, I apprised you (Chairperson) and the Commission of the relevant legal issues and my considered position,” Da Silva said in his letter.
In his letter, Da Silva gave the GECOM top brass until April 22 to apologise to him, otherwise he would file his lawsuit. When contacted by this publication, the GECOM CEO declined to comment, noting that the matter was a legal one.
The case in question—filed by A Partnership for National Unity (APNU) Chief Scrutineer Carol Smith-Joseph—was dismissed by acting Chief Justice Roxane George. Smith-Joseph had challenged the voters’ list compiled by the GECOM, arguing that the process violated the Local Authorities (Elections) Act and deprived electors of the opportunity to object to names on the register of voters.
During the proceedings, Da Silva took a legal position that there should be a separate list of electors for both the Regional and General Elections, even going as far as to say that persons qualified to vote in the regional election may not necessarily be qualified to vote in the general one.
Da Silva’s position was subsequently denounced by the CEO, who made it clear that he never instructed his legal officer to make such a submission and that it could cause confusion. And the acting Chief Justice subsequently dismissed Smith-Joseph’s challenge as misconstrued.
Following the non-renewal of his contract, GECOM had issued a statement in which the election agency explained that the Attorney-at-Law’s actions had for some time “severely eroded” the secretariat’s trust in his abilities.
According to a statement from GECOM on Wednesday last, Da Silva was required to only act based on the authority granted by his superior, in this case CEO Vishnu Persaud. According to GECOM, Da Silva acted contrary to this expectation, undermining their trust in him.
GECOM also noted that the legal opinions made by Da Silva “carried extreme potential for harmful effects insofar as (i) confidence in the Commission’s ability to conduct credible elections is concerned, (ii) postponement of the elections beyond the Constitutional deadline, which could lead to the aggravation of political conflicts, and (iii) consequences associated with legitimacy and governance.”
