Still no date for by-elections in deadlocked municipality, NDCs – GECOM

the Guyana Elections Commission (GECOM) says it is still to receive notification from officials of the Mabaruma Municipality and five Neighbourhood Democratic Councils (NDCs) where there is an quantity of seats held by the ruling A Partnership for National Unity/Alliance For Change (APNU/AFC) and the People’s Progressive Party/Civic (PPP/C) following the recently-held Local Government Elections (LGE), leading to a deadlock in the election of Mayor and Chairpersons of those Local Authorities.

The contentious municipality is Mabaruma, Region One (Barima/Waini), while the five NDCs are Malgre Tout/Meer Zorgen (8 seats each), Industry/Plaisance (9 each), Woodlands/Farm (8), Woodlands/Bel Air (4) Gilbralter/Fyrish (9) and Macedonia/Joppa (6 seats each)

In the case Mabaruma, the APNU/AFC and the PPP/C each received 6 seats on the 12-member Town Council,GECOM this leading to a deadlock for the election of Mayor.

In this instance officials are expected to refer to Section 13(6) of the Municipal and District Councils Act, Chapter 28:01, which states that, “the Town Clerk shall appoint a date not later than December 28 in the same year for the election of the Mayor from the tied Candidates by the voters whose names appear on the register of voters, for the time being in force, for the city.”

“To date, the Guyana Elections Commission has not received any notification, as required by law, from the Clerk of the Municipality of Mabaruma, or from any other source, written or otherwise, that a date has been fixed for the conduct of an election in compliance with Section 13(6) of the Municipal and District Councils Act, Cap. 28:01,” the electoral body’s statement said.

Regarding the five NDCs where a similar situation exist, Section 28(6) of the Local Government Act, Chapter 28:02 provides that, if there is no election of Chairman on account of an equality of votes cast by the councillors present, “the overseer shall immediately fix a day within the last 10 days of the year for the election” by the registered voters, for the election of a Chairman from the councillors receiving the equal votes.  This election must be held in the same manner provided for the election of village councillors.”

 In this instance, GECOM said again it is still to receive any formal notification from the respective Overseers, or from any other source, for the conduct of these elections.

 “Recognising this legal deficiency, the Commission took the unanimous decision to bring it to the attention of the powers that be through the Ministry of Legal Affairs towards having appropriate enabling legislation enacted in order to conduct the required by-election,” GECOM stated.

The electoral commission noted that it remains prepared to hold any of the outstanding elections at any time once they are within the realm of the relevant legal authority.

Meanwhile, the commission clarified that in the case of Constituency 7, Rose Hall, Corentyne, Berbice, where there is a tie between two candidates, no vacancy exists for that constituency

“Notably, there is no legal provision for the conduct of a by-election where there is an equality of votes for two or more Candidates for any Constituency election. Accordingly, the Commission is of the position that, since no one could be issued a Certificate of Election due to the equality of votes, no councillor could be appointed in respect of constituency No. 7 for the Municipality of Rose Hall.  Therefore, the issue of the existence of a vacancy does not arise,” GECOM stated.

It highlighted that the Municipal and District Councils Act, Chapter 28:01, as amended by Section 53A. (1) of the Local Authorities (Elections) (Amendment) Act outlined how a bi-election should be held with regards to Constituency Candidates

“Where a vacancy for a councillor in respect of the first-past-the-post number of councillors in a local authority area occurs as a result of death, resignation or any other cause, the Clerk of the Council shall, after compliance with the provisions of Section 43 (1) of the Municipal and District Councils Act, inform the Elections Commission, which shall instruct the Chief Election Officer to hold a Bi-election and the Chief Election Officer shall carry out the instructions thereof,” it said.