By: Antonio Dey | HGP Nightly News
Several political analysts have indicated that commissioners appointed to the Guyana Elections Commission (GECOM) by the People’s National Congress Reform (PNCR) in 2007—including Vincent Alexander—can only be removed for specific reasons such as sickness, mental incapacity, or misbehaviour, as outlined in Article 225(2) of the Constitution. This interpretation suggests that commissioners essentially serve until resignation, death, or legal cause for dismissal.
During an exclusive interview with HGP Nightly News, legal analyst and senior lecturer at the University of Guyana, Neville Bissember Jr., argued that while this has been the long-standing understanding, the current political environment has made the situation more complex. He explained that the Leader of the Opposition, who is the “appointer,” could not have held such a position prior to September 1, 2025, given the change in political representation following the 2025 General and Regional Elections.
“In the current circumstances, it is an absurdity that commissioners who were appointed years ago by another Leader of the Opposition can outlive that appointment and remain in their posts even though there is a new appointor, which is Mr. Azruddin Mohamed,” Bissember stated.
“Applying the golden rule, you can remove the absurdity by allowing Mr. Mohamed to either replace or retain who he sees fit.”
Bissember emphasized that if Azruddin Mohamed, leader of the We Invest in Nationhood (WIN) party, had won the presidency instead of assuming the role of Opposition Leader, the composition of GECOM would have undoubtedly shifted. He posed a critical question:
“If Mr. Mohamed were President and Mr. Ali the Opposition Leader, would Mr. Alexander, Mr. Corbin, and Mr. Trotman still answer to Mr. Ali, or would Gunraj then represent Mr. Mohamed? Of course not.”
In light of the evolving dynamics at GECOM, Bissember suggested that it would make sense for Aubrey Norton to remain Opposition Leader only until the formal convening of the 13th session of the National Assembly, after which WIN, now holding 16 parliamentary seats, should rightfully assume the position of main opposition.
He reasoned that new appointments to GECOM should follow, reflecting WIN’s parliamentary status and incorporating representation from WIN/APNU/FGM. However, he clarified that it remains within Mr. Mohamed’s discretion whether to retain or replace existing commissioners.
Political experts agree that this shift underscores the need for constitutional reform to clarify the tenure and replacement mechanisms for GECOM commissioners when political leadership changes hands.
Meanwhile, Commissioner Vincent Alexander has insisted that he will continue in his position unless instructed otherwise or challenged through the courts.
Responding to this, Bissember acknowledged that Alexander’s stance may be supported by established principles of statutory interpretation, which require that laws be applied according to their plain and natural meaning.
However, he added:
“There is a rule called the golden rule, which allows judges to identify and correct absurdities in the law to arrive at a logical, commonsense conclusion.”
Legal and political observers now await clarity on whether the new Opposition Leader will exercise his authority to make appointments, potentially setting a constitutional precedent for future administrations.
