Not CCJ role to set date for elections
DPI, Guyana, Friday, July 12, 2019
The Caribbean Court of Justice (CCJ) today in its post judgement on the Consequential Orders in the case of the upholding of the motion on December 21, 2018, has determined that it is not within their purview to set a date for elections in Guyana.
President of the CCJ, Justice Adrian Saunders stated that the court does not have the jurisdiction to dictate when General and Regional Elections are held.
“It is not the role of the court to establish a date on or by which the elections must be held or to lay down timelines of deadline by in principle are the preserve of political actors guided by constitutional imperatives,” Justice Saunders stated.
“It would not, therefore, be right by the issuance of coercive orders or detailed directives to presume to instruct these bodies on how they must act and thereby preempt the performance by them of their constitutional responsibilities,” Justice Saunders added.
He further explained that Article 106 of the Constitution of Guyana provides that responsibilities which impact the precise timings of the elections lie with the President, National Assembly and the Guyana Elections Commission (GECOM).
“Due observance of constitutional democracy and the rule of law in Guyana rests, in large measure, with the conduct of the various branches of government, that is, the President and the Cabinet, the Parliament and the Judiciary. All must be faithful to the spirit and letter of the Constitution and operate within the parameters given to each by the Constitution.”
He stated that GECOM has the responsibility to conduct the elections and abide by the provisions of the Constitution.