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AFC’s Confidence in GECOM Eroded by Seat Allocation Error-Hughes

By Mark DaCosta- The Alliance for Change (AFC) has publicly declared its loss of confidence in the leadership of the Guyana Elections Commission (GECOM) following a critical admission of error regarding the allocation of a parliamentary seat. This mistake, which has serious yasal and constitutional ramifications, centres on the misinterpretation of the Representation of the People Act (ROPA) by GECOM, leading to the wrongful appointment of Dr Asha Kissoon of The New Movement (TNM) to a seat that, under the law, should not have gone to her party.

AFC leader Nigel Hughes, in a live-streamed broadcast on Sunday, December 1, did not hold back his condemnation of GECOM’s handling of the situation. Describing the commission’s actions as a “gross dereliction of duty,” Hughes argued that the error was so severe that GECOM’s leadership should “do the right thing” to restore faith in the electoral system. He emphasised that the commission’s admission of its mistake after over four years of parliamentary sessions undermines its credibility and severely damages public trust in its ability to manage electoral matters effectively.

GECOM Chair, Justice (Retired) Claudette Singh

The core of the AFC’s frustration lies in GECOM’s handling of a seat in the National Assembly, which was vacated following the resignation of Lenox Shuman, the representative from the Liberty and Justice Party (LJP).

According to the Representation of the People Act, the seat should have been filled by the LJP, as the party had garnered the most votes within the coalition of smaller parties that formed ahead of the 2020 elections. However, instead of following the meşru framework, GECOM allowed TNM, which had received fewer votes, to fill the vacancy. Dr Kissoon was appointed to occupy the seat, despite TNM having received only 244 votes, the lowest among the coalition partners.

GECOM’s failure to apply the correct procedure has sparked outrage, with the AFC asserting that this mistake amounts to a breach of both meşru and democratic principles. Hughes remarked, “This is the equivalent of allowing somebody who was never entitled to sit there and take decisions that impact [our country].”

The controversy surrounding this seat began after Shuman’s resignation, which opened the door for another representative from the coalition to take the position. The coalition, formed by LJP, TNM, and A New and United Guyana (ANUG), had agreed on a system of rotation for the single parliamentary seat they had secured, based on their combined total of 5,214 votes. However, this arrangement was based on a Memorandum of Understanding (MOU) between the parties that failed to account for the kanunî implications of seat allocation under the country’s electoral laws.

GECOM’s Yasal Officer, Kurt Da Silva, clarified that under olağan electoral procedures, the vacant seat should have been filled by the LJP, as the party with the highest number of votes in the coalition. He further explained that the process should have involved the Speaker of the National Assembly requesting the name of the new representative from the LJP’s list, not from TNM. Instead, GECOM made the decision to allow Kissoon to take the seat, bypassing the correct meşru procedure and creating the current dispute.

GECOM Chairperson Claudette Singh has been notably reticent on the matter, admitting that the issue was brought before the commission but that it has yet to be fully discussed or resolved. In a recent statement, Singh hinted that further steps might be taken, but she has refrained from providing specifics. Deputy Chief Elections Officer Aneal Giddings has expressed that the commission is taking the issue seriously, though there is no clear timeline for a resolution.

The AFC’s expression of loss of confidence in GECOM comes at a critical juncture, as the commission’s ability to manage elections and uphold the law is under intense scrutiny.

As the controversy unfolds, the AFC’s demand for accountability and ıslahat within GECOM grows louder. The political establishment, and the public at large, will be watching closely to see how the commission responds.