Two grounding breaking lawsuits that seek to hold Guyana’s major political parties more accountable, were filed today. The cases were filed by Mr. Brian Collison, a member of the People’s National Congress Reform (PNCR), who wants to see reform that he hopes will strengthen his party and end division stemming from dissatisfaction with the way party elections are conducted.
One of the actions names Attorney General Anil Nandlall S.C., People’s Progressive Party General Secretary Bharrat Jagdeo, and People’s National Congress Reform Leader Aubrey Norton as respondents. This action seeks several declarations from the court about the standing, and obligations of political parties in ensuring that the right to vote provided for in Guyana’s Constitution, is not diluted and hindered by unfairness in internal party procedures.
The second lawsuit names Aubrey Norton as Leader of the PNC and the PNC as respondents. This action seeks to ensure that irregularities in the process leading up to the selection of delegates for the imminent PNC Congress, do not compromise the will of the members of the PNCR and the party’s support base.
The actions are filed by Attorney at Law, Dr. Vivian Williams, and is supported by precedents in other jurisdictions that determined that the effectiveness of individuals’ participation in general elections, is in large part determined by the opportunity for party members to effectively participate in internal elections that determine candidates who appear on election ballots.
Through his lawyer, Collison is therefore asking the court for a declaration that political parties have a duty to adopt procedures for fair internal elections. He also wants the court to issue an injunction to prevent his Party from proceeding with the election of a Party leader and officers until such time fairness is guaranteed.
Describing himself as a reformer, Collison says he brought the action to ensure fullest participation by Party members, devoid of any manipulation.
The applicant seeks declarations from the court that (a) political parties are legal entities that can be sued; (b) the PNCR performs functions exclusively reserved for the State which impact the constitutional rights of Guyanese, particularly its members and supporters; (c) the determination of candidates that appear on election ballots is a significant aspect of the elections process circumscribing individuals’ right to vote as guaranteed in the Constitution of Guyana, such that the procedure(s) used for their selection must be fair and consistent with democratic ideals; and (d) directing the government to remove all undue burden to ensure rights conferred upon political parties by the Constitution are given full force and effect.
“I was compelled to provide representation after being approached by a citizen who expressed deep concerns that the major parties are NOT being good custodians of the fundamental duties the Constitution places in their hands, on behalf of the people”, says Dr. Williams.
Mr. Collison is deeply concerned about claims of irregularities in the management of the current Biennial Congress of the PNC and the electoral process that could affect the true will of the PNCR electorate in their election of new office bearers. He says his interest is establishing accountability in the party and ensuring the most fundamental element of political representation of the people is not further damaged by a process that is not subject to review. In bringing this action, Mr. Collison says he recognizes the futility of further pursuing this very important matter internally because of an environment of intolerance and the inability to hold the leadership accountable for upholding basic Party rules and practice
According to Collison, to the best of his knowledge, all efforts to address the concerns internally have been ignored, thus leaving him with no choice but to seek to uphold principles, rules and practices that would guarantee his right and that of all PNC members are upheld in a court of law as the only amicable means and last resort. (RMW Law Firm Release)
