Constitutional Lock-in: SC Ralph Ramkarran Explains Legal Impasse Over GECOM Commissioners
By: Antonio Dey | HGP Nightly News|
GEORGETOWN, GUYANA — The debate over the composition of the Guyana Elections Commission (GECOM) has hit a constitutional wall. Senior Counsel and former Speaker of the National Assembly, Ralph Ramkarran, is warning that removing commissioners appointed by the “previous” opposition is legally fraught due to a significant omission in the country’s supreme law.
Speaking on the program “Sources” with journalist Svetlana Marshall, Ramkarran clarified that because a specific termination clause was omitted during previous reforms, these commissioners are currently shielded by constitutional protections that make their removal nearly impossible without a formal amendment.
The “Inadvertent Omission”
Ramkarran explained that while political leadership in the opposition has shifted, the law governing GECOM does not address how commissioners should be replaced when a new party takes the mantle of “Main Opposition.”
- Constitutional Officers: Because the clause terminating their offices was omitted from the reform documents, the current commissioners remain “constitutionally appointed officers.”
- The Impasse: “They can’t be removed easily. So that’s the problem, and that needs to be changed,” Ramkarran stated. He noted that unless the current opposition-appointed commissioners resign voluntarily—which they have refused to do—the government’s hands are effectively tied.
The WIN Challenge: Azruddin Mohamed Seeks Court Action
The legal complexity has created a direct conflict with the current parliamentary reality. Following the rise of We Invest in Nationhood (WIN) as the primary opposition force, the party is demanding its “rightful” seats on the Commission.
- The WIN Argument: Opposition Leader Azruddin Mohamed maintains that since WIN holds the majority of opposition seats in Parliament, the commissioners previously appointed by the PNCR/APNU no longer represent the current mandate.
- Judicial Intervention: WIN has indicated it will move to the courts to resolve the matter, arguing that the “Carter Formula”—which balances the commission with three members from the government and three from the opposition—must reflect the current opposition.
Pathways to Reform: Mixed Systems vs. Commissioner Appointments
Ramkarran also touched on broader electoral changes proposed by the Constitutional Reform Commission, distinguishing between those that require a constitutional amendment and those that can be done via Parliament.
A System Out of Sync
For SC Ralph Ramkarran, the current GECOM crisis is a symptom of a legal framework that has failed to keep pace with Guyana’s shifting political landscape. While the WIN party’s complaint is viewed as “legitimate,” the constitutional protections granted to the current commissioners mean that the road to a “rebalanced” GECOM likely runs through the Constitutional Reform Commission rather than a simple parliamentary vote. As the 2026 elections loom, the need for clarity on who speaks for the opposition at the GECOM table has never been more urgent.
