Dear Editor,
After nearly 8 weeks of delay it is easy to forget what we have achieved electorally and to start to reopen closed issues. Guyana had free and fair elections on 2nd March 2020. Every single ballot has been counted and allocated to the relevant party (with the exception of spoiled ballots). Every polling station has prepared a statement of poll (SOP) showing those votes. Every SOP has been signed by APNU+AFC, PPP/C and where present, the smaller parties. The returning officers for 9 regions have added up the votes from the SOPs and declared the results. So far there are 152,400 votes for the PPP/C and 100,871 for the APNU+AFC. The time for challenging those declarations under the Representation of the People Act (RoPA) has expired and those results cannot be altered.
In region 4, the returning officer has not finished adding up the SOPs. Mr Mingo’s 2 purported declarations have been rejected by all 8 opposition parties, the Guyanese people (apart from a tiny minority) and the international community. There was a national and international consensus that there must be “credible results” from region 4 before anybody can be sworn in as president. That is the only acceptable position because it is based on the twin pillars of electoral integrity and respect for the electorate.
On 15th March 2020 Mr Jagdeo agreed to a recount of every vote in every region. In doing so he undermined the integrity of the electoral system which depends on the SOPs that have been signed off by the political parties, undermined the international observers who stopped electoral fraud in region 4, and wrong-footed the international community who have consistently demanded “credible results” from region 4.
The proposed recount has created confusion across the electorate, in the diaspora and among the international community. Your paper’s reference (25 April) to the “hotly disputed March 2nd general elections” demonstrates that confusion. The elections are over. The ‘dispute’ is not about the general elections but about the refusal of the returning officer in region to add up the votes correctly.
Since 15th March 2020 there has been absolutely no progress in finishing region 4 so that the election results can be declared and a new government formed. Every day’s delay is an advantage for the unconstitutional, illegitimate, de facto APNU+AFC administration and is to the detriment of the Guyanese people.
The confusion surrounding the recount has distracted attention away from the fact that the Guyanese people are waiting for the returning officer for region 4 to add up the votes. Section 84(1) ROPA says, “As soon as practicable after the receipt of all the ballot boxes and the envelopes and packets delivered to him in pursuance of section 83(10), the Returning Officer shall, in the presence of such of the persons entitled under section 86(1) to be present as attend, ascertain the total votes cast in favour of each list in the district by adding up the votes recorded in favour of the list in accordance with the Statements of Poll, and thereupon publicly declare the votes recorded for each list of candidates.” [my emphasis]. There is also a court order instructing Mr Mingo to comply with section 84.
The returning officer for region 4 must fulfill his statutory duty; he must obey the court. Otherwise he must be replaced by someone who will add up the votes correctly from the SOPs and declare the result for region 4. Then the chief election officer must add up the votes from all regions, ascertain the results and report to the Commission. The Commission must announce the elections results. Then the government can be sworn in. After that Mr Jagdeo and Mr Granger can have their recount and they can count the ballots themselves for all I care.
Yours faithfully,
Melinda Janki
