[December 21, 1997]
Dear Editor,
I read with interest of the secret swearing in of Mrs Janet Jagan as Executive President of Guyana.
Whoever advised Mrs Jagan to do so, I submit, attempted to pervert the course of justice.
It was generally known that the opposition parties were contemplating taking legal action to have the
elections declared null and void, but were unable to do so until all of the ballots were counted and
verified and a winner declared by the Elections Commission. It is my opinion that the behaviour and
actions of the Chairman of the Elections Commission were unlawful and not in accordance with the
Constitution, when he unilaterally and prematurely declared Mrs Jagan to be President, and secretly
had her sworn in as such. Nothing in the Constitution gives the Chairman the right to act on his own
and outside the Elections Commission to declare a winner of the election and to declare a person as
President. It is my opinion that all of the votes cast had to be counted and verified before the Elections
Commission could declare a winner.
Wade and Bradley on Constitutional and Administrative Law writes. "If elections are to be conducted
according to law there must be effective machinery for investigating alleged breaches of the law and
for imposing appropriate sanctions." In England the law with respect to electiony petitions is now
governed by Part 111 of the Representation of the People Act 1983. In Guyana it is governed by
article 163 of the Constitution.
The Chairman should not have sought to avoid the possibility of a count injunction by a unilateral
declaration.
When the two marshals of the high court attempted to serve the order nisi on the respondents they
were restrained by Mrs Jagan's security personnel and prevented from doing so; it is my opinion that
their behaviour and actions amount to contempt of court and I hope appropriate actions are taken
against them.
As a lawyer and senior counsel the Chairman of the Elections Commission was an officer of the court
and has an obligation to uphold the honour and dignity of the profession and to avoid giving the
appearance of circumventing the law.
I also noticed with interest that when Mrs Jagan received the Court's papers she threw them aside.
Guyana has had a lot of problems in the past. We do not need the Head of State disrespecting the
Court; she must set an example; Mrs Jagan's actions were compounded when it was done in the
presence of her Attorney-General, the Chancellor of the Judiciary and other dignitaries.
Mrs Jagan should apologise to the people of Guyana for her behaviour and to the Chief Justice who
made the interim order.
Yours faithfully
Bertwald Bradshaw
|