Attorney General and Minister of Legal Affairs, Anil Nandlall, S.C., has defended the use of secret ballots in the recent election of chairpersons and vice-chairpersons across nine Regional Democratic Councils (RDCs), saying the process is lawful and consistent with democratic principles.
During his Issues in the News programme, Nandlall explained that the procedure falls squarely within the authority of the Clerk of the Council, as outlined in the Local Democratic Organs Act. He pointed to Section 20 (2) of the Act, which empowers the Clerk- who also serves as the Regional Executive Officer- to conduct the election and determine “any question arising” during that process.
“One such question,” Nandlall said, “would be the method to be used to take the vote. The clerk has that power to determine that question. The clerk at the RDC of Region 4, in my presence, determined that secret ballot would be the method used. There is nothing unlawful, irregular, unreasonable, or undemocratic about that.”
He further argued that secret balloting is a standard practice in elections at every level of governance, including the national vote for the President and Government. “If we vote by secret ballot to elect the government and president of the country, what is wrong with using it to elect the chairman of a regional council?” he asked.
The Attorney General also clarified that at the time of voting, councillors are not yet officially members of the RDC and therefore cannot exercise powers within that meeting. “It is only one person who has official power at that forum- the clerk- and those whom the clerk chooses to assist him. They draw their delegated power from the clerk,” he explained.
Nandlall rejected claims of illegality surrounding the Region Four election, describing such suggestions as “completely baseless.” He emphasized that the use of secret ballots aligns with both the law and democratic norms.
Meanwhile, the Attorney General noted that Region Ten’s RDC elections remain pending, but assured that those proceedings “will be concluded in accordance with the provisions of the law and the relevant legislation.”
