Identifier
Created
Classification
Origin
06GEORGETOWN471
2006-05-19 18:12:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Georgetown
Cable title:
OPPOSITION SUES GOG, WANTS COURT TO WEIGH IN ON
how-toVZCZCXRO1256 RR RUEHGR DE RUEHGE #0471 1391812 ZNR UUUUU ZZH R 191812Z MAY 06 FM AMEMBASSY GEORGETOWN TO RUEHC/SECSTATE WASHDC 3533 INFO RUCNCOM/EC CARICOM COLLECTIVE RUEHBR/AMEMBASSY BRASILIA 0962 RUEHCV/AMEMBASSY CARACAS 0312 RUEHLO/AMEMBASSY LONDON 0119 RUEHOT/AMEMBASSY OTTAWA 2147 RUCNDT/USMISSION USUN NEW YORK 0048 RUEHBS/USEU BRUSSELS RUMIAAA/HQ USSOUTHCOM J2 MIAMI FL
UNCLAS GEORGETOWN 000471
SIPDIS
SENSITIVE
SIPDIS
WHA/CAR
WHA/OAS
S/CRS
SOUTHCOM FOR POLAD
E.O. 12958: N/A
TAGS: PGOV KDEM GY
SUBJECT: OPPOSITION SUES GOG, WANTS COURT TO WEIGH IN ON
ELECTION
REF: A. GEORGETOWN 462
B. GEORGETOWN 371
C. GEORGETOWN 308
D. GEORGETOWN 181
UNCLAS GEORGETOWN 000471
SIPDIS
SENSITIVE
SIPDIS
WHA/CAR
WHA/OAS
S/CRS
SOUTHCOM FOR POLAD
E.O. 12958: N/A
TAGS: PGOV KDEM GY
SUBJECT: OPPOSITION SUES GOG, WANTS COURT TO WEIGH IN ON
ELECTION
REF: A. GEORGETOWN 462
B. GEORGETOWN 371
C. GEORGETOWN 308
D. GEORGETOWN 181
1. (U) The main opposition PNC/R threw up another major
obstacle to election preparations May 18. It filed a lawsuit
in Guyana's High Court challenging the legality of a May 2
constitutional amendment that had extended the election
deadline to September 2. The plaintiff is Joe Hamilton, the
PNC/R's Chief Scrutineer, designated rabble-rouser, and font
of alarmist misinformation about the election process. The
defendants in the case are Attorney General Doodnauth Singh,
Guyana Elections Commission (GECOM) Chairman Dr. Steve
Surujbally, Chief Elections Officer (CEO) Gocool Boodoo, and
all six GECOM commissioners.
2. (U) The basis for the lawsuit is that amending Article 61
of the constitution to extend the election deadline to
September 2 conflicts with Article 69, which requires the
newly elected Parliament to meet by September 2. (Note: Ref
A describes the constitutional issue in detail.) The claim
seeks declarations that the May 2 amendment is invalid and
that the GoG will be "unconstitutional and illegal" after
August 2, 2006. In addition, the claim seeks an injunction
to restrain the GECOM Chairman and CEO from conducting an
election after August 2.
3. (SBU) The sense among Georgetown's legal/political circles
is that the GoG overplayed its hand in devising a way to
amend the constitution and extend the election deadline
through a simple majority, without the parliamentary
opposition's acquiescence. Some feel the case may have some
legal merit and where it goes from here is uncertain. There
is no direct precedent in Guyana to support the claim,
although there may be regional ones. Regardless of the
outcome in the courtroom, the PNC/R has a notable track
record of using the courts to disrupt previous elections.
The damage will be done if the lawsuit succeeds in the
PNC/R's real objective -- gumming up election preparations to
cause further delay.
4. (SBU) COMMENT. The lawsuit confirms what post and other
donors feared months ago. The original August 4
constitutional deadline for holding elections was one of the
few things that rival political parties could not dispute.
By failing to adhere to that deadline, the election process
has moved into uncharted territory in constitutional terms.
The ruling PPP/C wants elections as soon as practicable. The
PNC/R wants a significant delay. Now that the process has
meandered off the constitutional path, the two sides are very
unlikely to agree on when the election date should be. A
credible scenario would see the PPP/C ram elections through
as close to September 2 as possible -- thereby giving the
opposition the perfect excuse to disavow the election results
and tacitly condone civil disturbance and violence by its
supporters. END COMMENT.
Bullen
SIPDIS
SENSITIVE
SIPDIS
WHA/CAR
WHA/OAS
S/CRS
SOUTHCOM FOR POLAD
E.O. 12958: N/A
TAGS: PGOV KDEM GY
SUBJECT: OPPOSITION SUES GOG, WANTS COURT TO WEIGH IN ON
ELECTION
REF: A. GEORGETOWN 462
B. GEORGETOWN 371
C. GEORGETOWN 308
D. GEORGETOWN 181
1. (U) The main opposition PNC/R threw up another major
obstacle to election preparations May 18. It filed a lawsuit
in Guyana's High Court challenging the legality of a May 2
constitutional amendment that had extended the election
deadline to September 2. The plaintiff is Joe Hamilton, the
PNC/R's Chief Scrutineer, designated rabble-rouser, and font
of alarmist misinformation about the election process. The
defendants in the case are Attorney General Doodnauth Singh,
Guyana Elections Commission (GECOM) Chairman Dr. Steve
Surujbally, Chief Elections Officer (CEO) Gocool Boodoo, and
all six GECOM commissioners.
2. (U) The basis for the lawsuit is that amending Article 61
of the constitution to extend the election deadline to
September 2 conflicts with Article 69, which requires the
newly elected Parliament to meet by September 2. (Note: Ref
A describes the constitutional issue in detail.) The claim
seeks declarations that the May 2 amendment is invalid and
that the GoG will be "unconstitutional and illegal" after
August 2, 2006. In addition, the claim seeks an injunction
to restrain the GECOM Chairman and CEO from conducting an
election after August 2.
3. (SBU) The sense among Georgetown's legal/political circles
is that the GoG overplayed its hand in devising a way to
amend the constitution and extend the election deadline
through a simple majority, without the parliamentary
opposition's acquiescence. Some feel the case may have some
legal merit and where it goes from here is uncertain. There
is no direct precedent in Guyana to support the claim,
although there may be regional ones. Regardless of the
outcome in the courtroom, the PNC/R has a notable track
record of using the courts to disrupt previous elections.
The damage will be done if the lawsuit succeeds in the
PNC/R's real objective -- gumming up election preparations to
cause further delay.
4. (SBU) COMMENT. The lawsuit confirms what post and other
donors feared months ago. The original August 4
constitutional deadline for holding elections was one of the
few things that rival political parties could not dispute.
By failing to adhere to that deadline, the election process
has moved into uncharted territory in constitutional terms.
The ruling PPP/C wants elections as soon as practicable. The
PNC/R wants a significant delay. Now that the process has
meandered off the constitutional path, the two sides are very
unlikely to agree on when the election date should be. A
credible scenario would see the PPP/C ram elections through
as close to September 2 as possible -- thereby giving the
opposition the perfect excuse to disavow the election results
and tacitly condone civil disturbance and violence by its
supporters. END COMMENT.
Bullen