GECOM cites breaches of professional conduct for non-renewal of legal officer’s contract

The Guyana Elections Commission (GECOM) has confirmed that the employment contract of its Legal Officer, Kurt Da Silva, was not renewed following a majority decision taken at its Statutory Meeting on Tuesday.

In a statement issued on Wednesday, GECOM explained that while Da Silva had received high performance scores in his recent appraisal, new and serious concerns emerged after the review period that influenced the final decision not to extend his contract, which ended on 31 March.

The Commission clarified that the appraisal, which concluded on 10 February 2025, recommended contract renewal. However, subsequent developments related to the Legal Officer’s involvement in a court matter raised significant red flags.

According to the statement, Da Silva represented the Chief Election Officer (CEO) in a case related to the Representation of the People (Amendment) Act No. 25 of 2022, which focused on verifying the addresses of applicants for registration. GECOM stated that the submissions made by the Legal Officer in court carried “extreme potential” for undermining public confidence in the Commission’s ability to conduct credible elections, postponing elections beyond the constitutional deadline, and aggravating political tensions.

The Commission noted that the central issue was whether the Legal Officer’s actions were made in error or without consideration of the consequences. It was concluded that his submissions to the court demonstrated a lack of due regard for the implications and appeared to favour the arguments of the applicant, rather than those of the respondents he was authorised to represent.

GECOM further outlined two critical breaches of professional conduct. Firstly, Da Silva allegedly introduced new arguments in court that contradicted the sworn position of the CEO, without consultation or authorisation—an action that compromised trust in his role. Secondly, by acting outside the scope of authority granted by the CEO, particularly in favouring the applicant, he violated a fundamental principle of legal representation.

“These actions demonstrated a breach of professional duty and a failure to faithfully represent the interests of his client,” the Commission stated.

GECOM reiterated that while the performance appraisal was favourable, the newly surfaced issues were of such gravity that they outweighed the initial recommendation for renewal.