Presidency, Prime Ministership and the electoral system.8 Most people were
concerned with curtailing Presidential power. After reviewing the numerous
recommendations received, the Commission proposed a raft of changes to be
made to the Constitution.
[20]
One such recommendation was that, ‘The Chairman of the [Electoral]
Commission should be full-time and should be selected by a consensual
process as provided for in the Constitution (Amendment) Act 1995 (No.
15/1995) (emphasis added).’9 The Commission articulated its rationale for this
recommendation in this way:
In light of the historical mistrust which has surrounded the conduct and
management of elections, the Commission recognised that the
legitimacy of a government and the effectiveness of our system of
governance depend upon the acceptance by winners and losers of the
work of the Elections Commission.10
[21]
This recommendation was adopted by the National Assembly and accordingly
incorporated into the Constitution (Amendment) Act No. 2 of 2000. The
amendment reflected the provision in the 1995 Act with only a few minor
changes in language. First, the reference to ‘Minority Leader’ was changed to
‘Leader of the Opposition’. Second, the use of the phrase ‘other than the party
to which the President belongs’, to refer to non-governmental parties with
whom the Leader of the Opposition must engage, was discontinued. Instead, the
provision would refer to ��the non-governmental political parties represented in
the National Assembly’.
[22]
During the debates on the Bill, The Minister of Agriculture and Parliamentary
Affairs, Mr Reepu Daman Persaud, in his address to the Assembly on the
objective of the Bill, stated:
The Elections Commission is a pivotal component in the electoral
process.
…This inclusive approach speaks well for our country and should be a
pattern throughout the electoral process.
8
9
Ibid 55 at [4.24] and 56 at [4.27].
Constitution Reform Commission (n 7) 208 at [9.10.3(4)].
Ibid at [9.10.2].
10