Dear Editor,
I do not support any political party in Guyana. I support democracy, electoral integrity and the rights of all Guyanese people to those two things. I agree totally with Mr Marcel Gaskin’s insistence on using the Statements of Poll (SOPs). (Letter in SN 19th April.)
In order to declare accurate results GECOM must finish the verification and tabulation of the Region 4 SOPs. The court has given instructions how to comply with Representation of the People Act (RoPA). Mr Mingo has failed. In judicial review matters the court can grant such relief as the court considers just and the circumstances warrant. The court can supervise the verification and tabulation of the Region 4 SOPs in the presence of independent observers with live streaming to the nation. A court supervised exercise in Region 4 can demonstrate that electoral integrity is intact, provide the nation with credible election results and enable the transition to a democratically elected government without delay.
Conversely a total recount of regions 1-10 appears unlawful. The Aide-Memoire between Mr Granger (no longer president since losing the no-confidence motion on 21st December 2018) and Mr Jagdeo (no longer leader of the opposition without parliament) is merely a political arrangement between 2 party leaders which does not affect electoral law.
Section 83(9)A RoPA says that a statement of poll (SOP) is “conclusive evidence of the result of the election for that polling place unless there is a recount of the votes.” To get a recount you must follow the rules in section 84 RoPA. Each electoral district (region) has a returning officer. The SOPs for the district go to the returning officer who adds up the votes from the SOPs. S/he publicly declares the results for that district. A counting agent can ask the returning officer for a partial or total recount in that district before noon the next day. Otherwise the declaration is final. The Chief Election Officer adds up the declarations from the 10 districts and reports to the Commission which declares the national results.
Section 99 of the RoPA required GECOM to declare the election results within 15 days i.e. by 17th March 2020. The seven commissioners have failed and should be replaced with people who can finish the job.
With the greatest possible respect to Mr Nandlall, former Attorney-General, (letter in SN of 12th April) I do not agree that Section 87 provides the legal authority for a total recount across the country. Section 87 deals with the method for the recount requested by a counting agent in a district.
With the greatest possible respect to the GECOM chair, former Justice Singh, I do not agree with her assertion (Guyana Times 17th April) that the proposed total recount can make the final declarations from the electoral districts “no longer relevant.” [https://guyanatimesgy.com/gecom-chair-to-rule-today-on-election-recount-modality/ ]
With the greatest possible respect to Mr Williams, (also a former Attorney-General), I do not agree that Article 162(1)(b) allows GECOM to do a total recount. The article restricts GECOM to what is “necessary or expedient to ensure impartiality, fairness and compliance with the Constitution or of any Act of Parliament” (e.g. RoPA).
This national recount meets none of those conditions. It appears to be a pointless, time-wasting and resource-draining excuse for quibbling and squabbling while giving an unconstitutional illegitimate de facto administration more time to violate the Constitution.
Yours faithfully,
Melinda Janki