Yesterday’s ruling by acting Chief Justice Roxane George in the case challenging the March 2nd elections recount has been welcomed by Opposition-nominated Commissioner of GECOM Sase Gunraj.
“All of the positions that I have advocated, both in the Commission and public, have been upheld by the Court,” he told Stabroek News in an invited comment.
Guyana’s High Court has ruled that the issues raised in the case of Misenga Jones vs the Guyana Elections Commission (GECOM) had already been addressed by both the Appeal Court and the Caribbean Court of Justice. The acting Chief Justice, Roxane George, who adjudicated the matter upheld the decision that Section 22 of the Elections Act and Order 60 which flows from it can only be deemed unconstitutional via an elections petition.
Additionally Justice George stated that Chief Election Officer, Keith Lowenfield does not hold a constitutional mandate under Article 177(2)(b) of the Constitution. This mandate she stressed is held by GECOM who can direct the CEO via Section 18 of the Elections Act.
The CEO cannot be a ‘lone ranger’, she said
Gunraj feels particularly vindicated by this aspect of the ruling.
“The reiteration of the fact that the Chief Election Officer is subject to the direction and control of the Commission is very timely as we have seen the very partisan positions adopted by him in all of these matters and exhibited by his actions,” he said.
Lowenfield has so far refused to adhere to a request to submit a declaration of the March 2 polls using the results of the recount.
He has repeatedly argued that he is acting in accordance with his “statutory and constitutional duties and all applicable laws.”
“It is my understanding that Article 177(2)(b) of the Constitution affords the technical officer the right to advise the Chairman of the elections result that ought to be declared,” he wrote in a letter attached to his most recent declaration.
This declaration included the now discredited numbers submitted by Region Four Returning Officer Clairmont Mingo.
Gunraj lamented “the public posturing by many, including fellow Commissioners” which he said serves to further erode confidence in the electoral process.
“The stern and direct comments by the Chief Justice on the several frivolous matters filed and their effect to delay the outcome of the process is noted…Good sense should now prevail and let this come to an end. The nation deserves no less,” he stressed.
Stabroek News reached out to the three government-nominated commissioners but up to press time was unable to make contact with any of them.
