The Guyana Elections Commission (GECOM) yesterday said it has noted calls for it to ensure the electoral process ends shortly but that it has to await a ruling of the court.
Analysts have argued that the broad powers conferred on GECOM by the constitution permit it to continue taking necessary actions and that ultimately the Chair of the Commission Claudette Singh will have to ensure that a recount of the votes of Region Four is done as she has given an undertaking to Chief Justice Roxane George.
“While the anxiety and frustration of the electorate is understandable, the Commission is cognizant that the matter is sub Judice and therefore awaits the outcome of the legal proceedings currently engaging the attention of the Court to inform its deliberations and next steps”, a statement by GECOM said yesterday.
Justice Franklyn Holder is currently hearing matters pertaining to the challenge by an APNU+AFC candidate, Ulita Moore to any recounts being redone. Justice Holder is to rule tomorrow on whether he has jurisdiction in the matter.
“The Guyana Elections Commission as an autonomous constitutional agency is guided by a legal framework and therefore it is imperative that it abides by the decisions of the Court. In this regard, the Commission reiterates its commitment at ensuring the 2nd March, 2020 General and Regional Elections concludes in a manner that is guided by the Court.
“Though it may appear that GECOM is silent and not taking all necessary steps to arrive at a conclusive decision; the fact that injunctions were granted restraining GECOM officials from proceeding with the national recount supervised by Caricom and setting aside or varying the declaration of the Returning Officers of the ten (10) electoral districts and from substituting or replacing the said declaration of the Returning Officers until the hearing and determination of the judicial review; the Commission cannot pronounce on this matter.
“In this regard, until these matters are properly ventilated in Court and a decision is given, GECOM is unable to take any further actions”, the GECOM statement said.
The GECOM Chair has been sharply criticized for permitting the electoral process to descend into palpable fraud and farce. Critics have pointed out that she stood by and allowed two farcical declarations of the Region Four result by Returning Officer (RO) Clairmont Mingo. The first of these was later declared unlawful by Chief Justice George. The second declaration is now the subject of a contempt hearing.
Critics have queried why the GECOM Chair allowed this to occur and why she has been largely incommunicado and not asserting her authority over the process.
In a sworn affidavit submitted in response to the application by Moore, Singh reminded the court of Justice Holder that on Friday March 13, 2020 she appeared before Chief Justice George in a contempt motion touching and concerning the tabulation by Region 4 RO.
During that appearance Singh indicated that should there be discrepancies in the Statements of Poll as announced by the RO and those held by political parties which could not be addressed at the end of the process she “will endeavor to facilitate a recount at the level of the Commission.”
Guyana’s electoral system provides for the votes cast to be counted at each place of poll and transcribed onto a Form referred to as a Statement of Poll. Each Statement of Poll for an electoral district is then physically transported to the RO who uses same to tabulate and declare the votes cast in that district for each list of candidates.
A recount is legally provided for under Section 84 (2) of the Representation of the People Act.
Under this provision any counting agent for a district can before noon of the day following the declaration request the Returning Officer to conduct a final count of the votes counted in the district.
Section 88 however grants the returning officer the right refuse such request if in his opinion it is unreasonable.
Mingo has refused such a request from eight political parties on the grounds that there are no legally appointed counting agents for the district.
The Commission however had at the behest of President David Granger and Opposition Leader Bharrat Jagdeo begun facilitating a national recount supervised by the Caribbean Community (Caricom).
The application by Moore which contends that such a recount is unconstitutional has halted this process.
It has been argued that with a declaration already made and a recount rejected, the results cannot be challenged nor ballot boxes reopened other than as part of an elections petition.
Others have however argued that since Article 162 (1) (b) of the Constitution specifies that GECOM shall issue such instructions and take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of this Constitution or of any Act of Parliament on the part of persons exercising powers or performing duties connected with or relating to the matters aforesaid, the commission can facilitate such a process.
The GECOM Chair will also have the opportunity to vote on whether Mingo’s discredited figures, which will be contained in a report to be issued by Chief Election Officer, Keith Lowenfield, should be accepted or rejected.
