Latest update April 23rd, 2024 12:59 AM
Aug 25, 2009 News
Orealla/Siparuta Elections…
Chief Justice Ian Chang has issued an order against Amerindian Affairs Minister, Pauline Sukhai, quashing her decision to uphold the disqualification and ineligibility of an Amerindian community leader to contest for the post of Toshao/Captain at the Orealla/Siparuta Village Council Elections, which were held on April 28 last.
The matter was taken before the Chief Justice on behalf of retired Headmaster, John King, a prominent resident of the Berbice River community of Orealla.
The Chief Justice also directed an order to the Amerindian Affairs Minister, compelling her to declare the April 28 election invalid and set a date for new elections, unless cause is shown why the order should not be made absolute.
The order was served on the Minister last week, and she or her legal representatives are expected to appear in the High Court to respond on August 28.
According to an affidavit filed by attorneys at law Khemraj Ramjattan and Neil Persram on behalf of John King, the matter has its genesis in an objection raised to prevent him from contesting the elections on the grounds that he was not a permanent resident of the community for the past three years.
Orealla and Siparuta constitute a Village Council under the Amerindian Act, Number six of 2006. Elections for Councilors and Toshao are held after each three-year period.
Elections for the Orealla/Siparuta Village Council were due by the end of April 2009, the last having been held in April 2006.
The rules and law governing the elections within Amerindian Village Councils like the Orealla/Siparuta Village Council are provided for in the Amerindian Act.
According to John, he had realised long before the notice of the elections was unveiled on April 16 that many preliminary requirements for the holding of the elections were not being satisfactorily met and he inquired about this of the serving Toshao, McLean De Vair.
John in his affidavit stated that although he was posted to several schools as Headmaster and other occupations outside of the community, up until 2008, his primary residence remained in the Orealla community.
So he was surprised when De Vair and some of his support team objected to his nomination.
The Amerindian Act was then referred to by the Regional Chairman who deemed that John was eligible to contest the position of Toshao.
On Election Day, an objection was again raised by the incumbent Toshao that John was ineligible because of not being a resident for three years immediately prior to nomination day.
“This was the same objection which was dealt with thoroughly on a previous occasion by the Regional Chairman, Mr. Zulfikar Mustapha and ruled in my favour.
This time, however, to the amazement of all present, the Vice Chairman ruled that I, John King, was ineligible and disqualified from contesting as Toshao/Captain,” John stated in his affidavit.
He said that the elections’ ballot papers were then shared out and it did not contain the name of ‘John King’.
As a result, King, his team of councilors and his supporters walked out of the meeting after unsuccessfully clamouring that he should be registered as a candidate.
This resulted in McLean De Vair and his team of Councilors being declared winners.
After seeking legal counsel, a letter, with several signatories from the community attached, was dispatched to Amerindian Affairs Minister, Pauline Sukhai, who then sought the advice of the Attorney General on the question of John’s disqualification and ineligibility on the grounds of residency.
Several peaceful protests were held by residents of Orealla/Siparuta in front of the Ministry of Amerindian Affairs in view of her intransigence in not nullifying the elections.
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