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FM
Former Member

Guyana’s Constitution now made subservient to will of GECOM – PPP

Feb 20, 2019 News, https://www.kaieteurnewsonline...he-other-way-around/

-Notes that it is supposed to be the other way around

The People’s Progressive Party (PPP) has lashed out at GECOM over its decision to not prepare for election in keeping with the constitutionally mandated timeline.

The Party sent out a missive to the media yesterday.

PPP said that the “APNU+AFC Coalition Government-nominated Commissioners at the Guyana Elections Commission (GECOM) and the unilaterally appointed GECOM Chairman, James Patterson, demonstrated their illogical willingness to toe the Government line, and in so doing have made the Constitution of Guyana subservient to the will of GECOM.”

The party reiterated that the provisions of the Constitution are clear on the consequences of the successful passage of the no-confidence motion in the National Assembly – the validity of which was upheld by the High Court following a ruling from the Chief Justice (ag).

Further, the PPP cited Article 106 (6) of the Constitution which states: “The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.”

PPP noted that Article 106 (7) goes on to state that: “Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”

PPP said that moreover, GECOM’s mandate, as stipulated by the Constitution, is also clear.

In this regard, PPP cited Article 162 (1) of the Constitution.

PPP General Secretary, Bharrat Jagdeo

Article 162 (1) of the Constitution states, “The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament.”

PPP said that the correct order of things, GECOM is subservient to the Constitution of Guyana, not the other way around.

PPP said that GECOM’s refusal to begin preparations for General and Regional Elections, after the December 21, 2018 vote on the no-confidence motion, finds it complicit in frustrating the timeline for the constitutionally due elections.

Additionally, the party was keen to note that there has been no effort to make a decision on what obtains in the short-term. “There has also been no decision at the level of the Commission on when GECOM will be ready for elections.

“Secondly, on the issue of funding, the PPP is of the view that this is the latest hurdle thrown up by the government-influenced parties at GECOM.”

The first hurdle introduced was the call for new house-to-house registration – which has been exposed as unnecessary at this time, the PPP said.

The PPP maintains that the laws of Guyana are clear on funding for constitutional agencies like GECOM.

PPP said that the Fiscal Management and Accountability (Amendment) Act 2015, Section 80 B (8) – makes it clear that: “The appropriation of a Constitutional Agency approved by the National Assembly shall be disbursed as a lump sum by the end of the month, following the month in which the appropriation was approved.”

Further, PPP recalled that Section 80B (7) of the same act states that: “The annual budget of a Constitutional Agency approved by the National Assembly shall not be altered without prior approval of the National Assembly.”

Given its citing, the PPP said that the law clearly prohibits the Minister of Finance from altering the appropriation to GECOM, as he is empowered to do with the appropriations of non-constitutional agencies. However, PPP stated that the law does not prevent GECOM from utilizing the “lump sum” as it sees fit to carry out its functions.

PPP thinks that GECOM’s action yesterday is intended to influence the court proceedings, set to continue today. PPP said that the Constitution makes clear that the judiciary cannot extend the deadline for which General and Regional Elections are constitutionally due; “rather such an act remains in the remit of the Legislature.”

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Demerara_Guy posted:

Guyana’s Constitution now made subservient to will of GECOM – PPP

Feb 20, 2019 News, https://www.kaieteurnewsonline...he-other-way-around/

-Notes that it is supposed to be the other way around

PPP said that the correct order of things, GECOM is subservient to the Constitution of Guyana, not the other way around.

Thus far, it seems that GECOM is of the firm view that its powers are of paramount importance.

FM

The PPP is on a mission to speak about the constitution, illegality and unilateral appointment of Justice Patterson as if they know any better. Granger blindsided Jagdeo nuff time. 

FM

The unilateral appointment of James Patterson as GECOM Chairman is contrary to the the Constitution of Guyana.

The President can indeed unilaterally appoint a Chairman only when the Leader of the Opposition fails to submit a list of candidates from either a, b, or c of the specific part of the legislation.

The records showed that the Leader of the Opposition submitted lists as stipulated by the the respective legislation.

The president ignored the last list and unilaterally appointed a chairman.

FM
Demerara_Guy posted:

The unilateral appointment of James Patterson as GECOM Chairman is contrary to the the Constitution of Guyana.

The President can indeed unilaterally appoint a Chairman only when the Leader of the Opposition fails to submit a list of candidates from either a, b, or c of the specific part of the legislation.

The records showed that the Leader of the Opposition submitted lists as stipulated by the the respective legislation.

The president ignored the last list and unilaterally appointed a chairman.

Stop regurgitating the same piss over and over. The courts ruled that Granger acted in accordance with the Constitution.

Mars

After March 19, the Venos will get aggressive given the fact that Guyana has become the Somali of South America!  The irony, under the previous PNC junta, it was known as the South Africa of South America!

Baseman
Baseman posted:

After March 19, the Venos will get aggressive given the fact that Guyana has become the Somali of South America!  The irony, under the previous PNC junta, it was known as the South Africa of South America!

Sadly, PNC turned Guyana into the South Africa of South America twice !

Dictatorship has taken hold and Guyanese who have an opportunity to leave should do so now since it will be harder to get Visas as the country slides into further chaos.

It will not be long before we see the PNC flag flying once again at the courts and GECOM.

This is it for Guyana, it is finished ! Somalia will look like a movie trailer after the PNC is finished with Guyana. I fought for democracy and free elections when I was young but I will now leaver that battle for a younger to deal with this emerging monster and chaos.

Those who voted for PNC in 2015 will now have to live with their choice and be prepared to deal with a chaotic situation.  Thankfully many of us chose to flee PNC apartheid a long time ago. 

The constitution will be treated the same way that the Cummingsburd Accord was treated, useless. 

FM
Last edited by Former Member
cain posted:
ksazma posted:
cain posted:

Sadly BJ's PPP turned Guyana into killing fields along with being a drug hub.

Bai, why yuh losing sleep over dead criminals? 

BJ dead?

He dead but he shame fuh shut he eye. 

FM
cain posted:
ksazma posted:
cain posted:

Sadly BJ's PPP turned Guyana into killing fields along with being a drug hub.

Bai, why yuh losing sleep over dead criminals? 

BJ dead?

Bob Joe dead in yo pants ... try viagra 

FM

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