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CCJ consequential orders are clear


first_imgDear Editor,The APNU/AFC coalition’s characteristic and consistent malfunctioning have and continue to defiantly realise a serious decay of our constitutionally provided democracy. Our people must, therefore, take the necessary steps to preserve and defend our rights with a sense of sincere commitment and vigour. The sacrifices of our fore-parents and martyrs must not be allowed to dissipate into thin air at the fantasy of this tyrannical Government. We must resist and fight to have elections immediately, in keeping with the Constitution and the rule of law!At all costs, we must repel the sufferings of our nation under the ultra-bullying, deliberate dodging delaying tactics of this illegal, unconstitutional and oppressive APNU/AFC coalition regime. The shameful antics and devious manoeuvres are obvious demonstrations of the great fear within the APNU/AFC of facing the people at the polls.It is, therefore, imperative that we take to the streets and demand that we have free and fair elections now. The delaying tactics of abusing the courts have been exhausted and it is now time for action to rid the oppressors.The vulgar incestuous relationship transcends, contaminates, and flagrantly continues to interfere with the functions of critical autonomous agencies, approved to uphold constitutional pillars. Standing out as a beacon is the Guyana Elections Commission (GECOM), which ought to have been and should always be in a state of readiness to hold elections at short notice. The severe, irrecoverable times that sufferings related to the matters have been exhausted in our High and Appeal Courts as well as the Caribbean Court of Justice (CCJ) as Guyana Final Appeal Court is telling enough.Although the CCJ has ruled absolutely and definitively upholding our constitutional imperatives, and removing the illegally appointed Chairman, James Patterson, who subscribed to some irrational and abusive decision, the Secretariat is now moving to implement House-to-House Registration to purportedly end in October in contempt of the CCJ ruling and an absolute breach of the Constitution. It is of note that Section 8 of the Constitution Cap. 101 states: “This Constitution is the supreme law of Guyana and, if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, be void”.It is, therefore, outright and illegal for the Secretariat of the Elections Commission to be proceeding under the direction of Keith Lowenfied or any other person, to implement actions which defy and frustrate rulings of the CCJ. As a constitutional agency, it goes against the grain of enforceability of Section 106 of the Constitution, which instructs the holding of elections within three months. The situation is outright unconstitutional, blatant, flagrant, and initiates a formula for massive resistance and protests which will be activated and should be supported by all.The deviousness of this cabal knows no bounds. It would be recalled that immediately after the fall of the coalition Government on December 21, 2018, key administrative personnel at GECOM made public statements that the organisation is ready to hold elections. Public Relations Officer Yolanda Ward and the Chief Executive Officer, Keith Lowenfield, were quick to say that the list is ready and with the activation of Standard Operating Procedures while the Legal Officer Excellence Dazzell was very positive and strong in her pronouncements in respect to GECOM’s preparation for elections. The actions now by the GECOM Secretariat amuse one and all, and steps must be taken to sanction the abusive and ransom approach being illustrated from the back end by the PNC.The consequential orders are clear. National and Regional Elections must be held within 90 days after the CCJ made its ruling and that was on June 18, 2019. Cabinet and the President must resign. Further, GECOM has the responsibility to conduct elections and abide by the provisions of the Constitution that instruct elections be held within three months.It is necessary that we highlight, for public attention, revelations contained in the Official Gazette Legal Supplement—“B” May 15, 2018, which addresses the National Registration (Residents) (Revision of Registers) Order 2018, made under National Registration Act (19:08). Contained therein, it is stated as follows:“In exercise of the powers conferred on the Elections Commission by sections 61 (b), 6 (a), 14 and 15 of the National Registration Act, Cap 19:08, the Elections Commission makes the following order: –1. The Registration Officer of every Registration Area in the first schedule is required to prepare a Register of Registrants and Register of Electors for that Registration Area.2. The qualifying date, was 31st October 2018.3. This Order shall apply to all eligible persons in Guyana who have attained the age of 14 years.4. (Transactions), those persons whose names appear on the Central Register at the coming into operation of this Order may also effect changes/corrections to their particulars and request transfers.This Order was published in the Official Gazette, was signed by the then Chairman of GECOM, Justice Patterson. Following these procedures, the Register of Registrants was prepared and the final voters’ list was made available for the highly successful 2018 Local Government Elections. That Register was valid until April 30, 2019. Following the same trend, it is notable that all relevant requirements for the List of Electors to be properly updated for the upcoming Regional and National Elections was done in a very short period of Claims and Objections so that the List could be fully sanitised and ready for elections.Guyana is now in a full constitutional crisis with a caretaker Government, whose primary function is to ensure elections which must be held within 90 days from the date of the consequential orders of the CCJ. This Constitution is the supreme law of Guyana and no other law or inconsistent decision must be tolerated or allowed to override its supremacy. Guyana’s image is now damaged and deteriorating fast as the thieving, corruption, crime, prostitution and high cost of living envelopes our days.Sincerely,Neil Kumarlast_img read more