Latest update April 19th, 2024 12:59 AM
Oct 16, 2018 News
Justice Gino Persaud has ruled that the High Court has jurisdiction to hear a challenge to the Local Government boundaries brought against the State by a member of the People’s Progressive Party (PPP). The highly anticipated ruling was handed down yesterday afternoon at the High Court in Georgetown.
On September 10, the PPP, through its member Bibi Shaddick, filed a Judicial Review Application querying the authority of Minister of Communities Ronald Bulkan and Chief Elections Officer (CEO) Keith Lowenfield, to identify by name, boundaries and seats, a number of Neighbourhood Democratic Councils (NDCs) for the November 12 Local Government Elections (LGE).
Shaddick is also a Guyana Elections Commission (GECOM) Commissioner for the Opposition. The PPP had accused the Government of manipulating (gerrymandering) LGE boundaries to undermine its stakes at the upcoming elections. The party promised to move to the Court to challenge the actions of the Minister and GECOM in this regard.
Before arriving at a decision, Justice Persaud told the court that there were two preliminary issues to consider. One is whether the court has jurisdiction to hear the merits of the application – an issue raised by Attorney General Basil Williams S.C and Solicitor General Kim Kyte-Thomas.
The other issue was the contention raised by Anil Nandlall, Attorney-at-Law for Shaddick, that the State is barred from challenging the court’s jurisdiction since it subjected to it when the case was first called on September 14, for Case Management Conference (CMC).
Nandlall had contended that at the initial hearing, the Solicitor General did not question the jurisdiction of the court to hear the case, and it was until October 10, that the Attorney General raised the issue.
As it relates to the first issue, Justice Persaud pointed out that Section 146:1 of the Local Authorities (Election) Act Chapter 28:03, is not relevant to the issue, as contended by the State.
According to Section 146:1 of the Act, (1) Any question whether any person has been validly elected as a councillor shall be referred to and determined by the Court. (2) Every such reference shall be by a petition (hereinafter referred to as an election petition) presented to the Court.
The State had argued that information pertaining to the holding of LGE was published in the Official Gazette, which meant that the country is in progress of an election, and that any issues arising, can only be dealt with by an election petition.
In relation to the second issue, the judge ruled that it was fallacious, without merit and cannot be sustained. According to the Judge, the authorities cited by Nandlall to support this argument were not relevant.
In dismissing the argument, the Judge cited Rule 9:01 (1) of the New Civil Procedure Rule which states, “A party who seeks to dispute the Court’s jurisdiction or who contends that the court cannot exercise its jurisdiction to determine the Statement of Claim or Fixed Date Application must make an application for a declaration to that effect within the time required for filing a Defence or Affidavit in Defence.”
The Judge highlighted that Shaddick’s application was not one which was filed with urgency. He said that the court, seeing the matter as one of national importance, scheduled an early date for hearing—which, among other things, is not a regular occurrence.
No orders for costs were made by the Court.
Justice Persaud indicated that a ruling in the matter will be made before LGE, which is set for November 12, 2018.
The State was ordered to file an application in defence by October 22, while Shaddick will file a response by October 29. Thereafter, a date will be set by the Court for ruling.
Reacting to yesterday’s ruling, the Attorney General said, “I am not sure what happened there. I will have to appeal the decision.”
According to the Attorney General, the principles outlined in Section 146:1 of the Local Authorities (Election) Act Chapter 28:03, as well as several case laws advance, are not only applicable to National Elections, but also LGE.
Apart from referencing this section of the law, the Attorney General said he was not sure if the judge considered the other cases related to LGE, which were submitted by the State.
He expressed, “I am surprised the judge did not deal with the authorities on LGE. A lot of monies have been spent on elections. We have to go ahead.”
In the application, Nandlall admits that both the Minister and CEO have certain statutory responsibilities to discharge in relation to the holding of the elections. He however argues that the Minister has failed and/or omitted to follow certain procedures outlined in the Law in the creation of new NDCs, the creation of new seats in existing NDCs, as well as allocating seats in the new NDCs.
The PPP contends that the Minister altered existing boundaries within existing NDCs without any attempt to consult with important stakeholders, including the electors and the political parties.
Section Three of the Local Democratic Organs Act, the PPP further contends, speaks of a process that involves members of the community being part of any process in relation to local governance. But according to the party, both the Minister and Chief Elections Officer failed to hold consultations.
The party argues that the Chief Elections Officer fixed boundaries for the new NDCs that were created by the minister, when that is a duty for the minister himself.
Among other things, the PPP’s court action seeks orders of certiorari, quashing the establishment of the new NDCs by the Minister, an order quashing the establishment of new members within existing NDCs, and an order quashing the CEO fixing boundaries without consultation.
The PPP is also seeking orders of Mandamus, compelling the Minister and Chief Elections Officer to rectify these violations.
Where is the BETTER MANAGEMENT/RENEGOTIATION OF THE OIL CONTRACTS you promised Jagdeo?
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