National recount blocked by court injunction

The High Court has granted an interim injunction blocking the national recount of ballots that should have started Tuesday evening at the Arthur Chung Conference Centre.
The injunction, which was granted by Justice Franklin Holder in the High Court on Tuesday, was filed by a private citizen, Ulita Grace Moore, against GECOM; its Chair, Justice (Ret’d) Claudette Singh; and the Chief Elections Officer (CEO), Keith Lowenfield. Moore, who is being represented by Attorneys-at-Law Mayo Robertson secured a total of four interim orders, which will in effect bring the electoral process to a halt until the judicial review is completed.

Chief among the orders granted by the High Court is an interim injunction restraining the Elections Commission from setting aside, varying or substituting the declarations of the Returning Officers of the 10 Electoral Districts with any other document until the hearing and determination of the judicial review application. The interim injunction has also tied the hands of the Chief Elections Officer. “An Interim Injunction is hereby granted restraining the Chief Elections Officer from submitting any Report of the total votes cast for each List of Candidates pursuant to Section 96 (1) and (2) of the Representation of the People Act save and except the votes counted and the information furnished by the Returning Officer under Section 84 (1) of the Representation of the People Act until the hearing and determination of the judicial review application…” Justice Holder said as he granted the second order.
GECOM is also barred from authorising any agreement with the President of Guyana and the Leader of the Opposition and or itself with CARICOM until a final determination is made by the High Court. The GECOM Chair and Chief Elections Officer are also being restrained, temporarily, from authorising any person or persons to facilitate a recount of the ballots cast by the elections on March 2, 2020.

In laying down the grounds for the application, Moore, through her attorneys told the High Court that though the votes cast in the General and Regional Elections were tabulated in accordance with the Representation of the People’s Act, Chapter 1:03, the declaration issued by the Region 4 Returning Officer, Clairmont Mingo, on March 5, 2020, was invalidated by the High Court, and a second declaration made on March 13, in accordance with the orders issued by the Chief Justice Roxane George-Wiltshire. Robertson, on behalf of the applicant, was keen on pointing out that applications for recounts made to the Returning Officers for a number of Electoral Districts were refused, including applications for a recount to be done in Region 4.

It was noted that while the Chief Elections Officer, pursuant to Section 96 (2) of the Representation of the People Act, Chapter 1:03, had tabulated the total number of valid votes cast, and had prepared and submitted his report to the Elections Commission, GECOM has failed and or refused to make the declaration. “Pursuant to Section 99, the Commission, upon receipt of such report, was mandated to make a public declaration of the results of the elections in accordance with Section 99 of Chapter 1:03,” Robertson argued.
The attorney also brought the Court’s attention to a statement issued by GECOM’s Chair indicating that the Elections Commission would accede to and implement an agreement made between the Head of State and the Leader of the Opposition for a recount of all the votes cast during the just concluded elections. Such a recount, he noted, would be subjected to supervision by a high-level CARICOM delegation. While the move was taken to restore trust in the electoral process, which has since encountered a number of stumbling blocks, Robertson submitted to the High Court that the Elections Commission would be in breach of the Constitution and the Representation of the People’s Act, were it to proceed with the CARICOM led initiative.

“Article 161 B of the Constitution of the Co-operative Republic of Guyana expressly forbid political parties and their nominees from being involved in the management of the electoral process. Article 162(1)(a) imposes a non- delegatable duty on the Commission ‘to exercise general direction and supervision over the registration of electors and the administrative conduct of all elections of members of the National Assembly,’ and any agreement, whether between the President of Guyana, H. E. David Granger and the Leader of the Opposition the Honourable Mr. Bharat Jagdeo or otherwise authorizing a CARICOM delegation to supervise any recount of votes of the elections held on 2nd March 2020, is wholly void as being contrary to the Constitution,” Robertson submitted to the Court.
He said it is Moore’s legitimate expectation that GECOM will comply with the provisions of the Constitution and the Representation of the People Act, more specifically, Section 99 of the Act.

“If the Respondent is not restrained by this Honourable Court, it will proceed to embark upon the said recount in breach of the letter and spirit of the Constitution of the Co-operative Republic of Guyana, the Representation of the People Act, Chapter 1:03,” Robertson said. The Judicial Review of the Fixed Date Application (FDA) Application will be conducted on Friday, March 20, 2020 at 9:00hrs in the High Court. In that FDA, Moore is seeking a total of 25 declarations from the High Court. In effect, the declarations, if granted, would set aside any decision of the Elections Commission to facilitate a recount, thereby paving the way for the Chief Elections Officer to submit his report to the Elections Commission for a final declaration of the results of the March 2 General and Regional Elections.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_03_18_2020

Mottley regrets withdrawal of recounting team

Chairman of the Caribbean Community (CARICOM), Mia Mottley said it deeply regretted that the community has been forced to withdraw the independent High Level Team it fielded on Saturday, 14 March 2020, to supervise the re-counting of the ballots in Region 4 of the General and Regional Elections of 2 March 2020 in Guyana.

In a statement Mottley who is also Prime Minister of Barbados said the fielding of the Team had been at the request of His Excellency David Granger, President of Guyana, on Saturday 14 March 2020. In response, and given the urgency of the task, the Team was mobilised immediately and arrived in Guyana in the early hours of Sunday morning. “Given that the tabulation process had been widely viewed as not being transparent or credible, President Granger and Mr. Bharrat Jagdeo, Leader of the Opposition, agreed that the only possible resolution was by way of a recount supervised by an independent team. This was seen as a significant contribution to bolstering the transparency and legitimacy of the electoral process,” the statement read.

It added that this step forward had been anchored by an Aide Memoire signed by both leaders on 16 March 2020, and the Terms of Reference prepared by the Guyana Elections Commission (GECOM) to govern the role of the High Level Team on Sunday, 15 March 2020, for the supervision of the recounting of the ballots, not only in Region 4, but in all 10 electoral districts.

A court order issued on Tuesday granted an injunction restraining GECOM from recounting any ballots of the General and Regional Elections of 2 March 2020, and set aside “any agreement between the President of Guyana and the Leader of the Opposition and or any agreement between the Guyana Elections Commission and the Caribbean Community”.
“The Caribbean Community has no other choice but to withdraw the High Level Team. It is clear that there are forces that do not want to see the votes recounted for whatever reason. Any Government which is sworn in without a credible and fully transparent vote count process would lack legitimacy. I would like to thank the High Level Team for offering to serve at such short notice and for displaying the patience they have displayed over the last three days,” Mottley said.

The Team was led by Ms Francine Baron, former Attorney-General and Foreign Minister of Dominica, and included Mr Anthony Boatswain, former Minister of Finance of Grenada and Ms Cynthia Barrow-Giles, Senior Lecturer in the Department of Government at the University of the West Indies. They were accompanied by Ms Angela Taylor and Ms Fern Narcis-Scope, the Chief Elections Officers of Barbados and Trinidad and Tobago. “As I said in an earlier statement it is critical that good sense prevail. The preservation of law and order is paramount and all parties must work hard to ensure that there is peace on the roads and in the communities across Guyana. The Community remains committed to the people of Guyana,” Mottley added.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_03_18_2020

‘I am deeply disappointed’

…President regrets CARICOM election initiative has been stalled

“I AM deeply disappointed that the Caribbean Community (CARICOM) Initiative, which was agreed upon following the intervention of the Prime Ministers of Barbados, Dominica, Grenada, St. Vincent and the Grenadines and Trinidad and Tobago, has stalled,” President David Granger said in reaction to a court injunction that blocked the team from supervising a recount of ballots from the March 2 elections.

In a statement, the Guyanese Leader said the Group was headed by the Right Honourable Mia Amor Mottley, Prime Minister of Barbados, who is also Chairperson of CARICOM. “I welcomed the Prime Ministers, and embraced the Initiative, which was based on an understanding that a recount of the ballots cast at the 2nd March 2020 General and Regional Elections would be executed.”

President Granger said the initiative saw the arrival of a High-Level Team of five distinguished Caribbean professionals to oversee the process. The team, unfortunately, was unable to commence its task, as “The Supreme Court of Judicature granted an injunction, filed by a citizen on Tuesday 17th March, thereby preventing the Elections Commission and its agents from proceeding with the ‘total national recount’.  This independent court action has curtailed further our thrust towards reaching a transparent conclusion to the 2020 General and Regional Elections,” President Granger said. The matter will be heard in the Supreme Court on 20th March 2020.

“I have said repeatedly, throughout the electoral process, that I will abide by the Constitution of the Co-operative Republic of Guyana, the decisions of the Elections Commission, and the ruling of the Supreme Court. I maintain this position.  I iterate my commitment to the due completion of all electoral requirements, and the conclusion of the process, under the auspices of the Commission, and in the interest of all Guyanese. I assure the nation that I remain committed to the electoral process, and to the declaration of results by the Elections Commission, in accordance with the law. I appeal for patience and public forbearance until this matter is resolved,” the statement ended.

The High Court has granted an interim injunction, blocking the national recount of ballots that should have started on Tuesday evening at the Arthur Chung Convention Centre.
The injunction, which was granted by Justice Franklin Holder in the High Court on Tuesday, was filed by a private citizen, one Ulita Grace Moore, against GECOM; its Chair, Justice (Ret’d) Claudette Singh; and Chief Elections Officer (CEO) Keith Lowenfield. Moore, who is being represented by Attorney-at-Law Mayo Robertson, secured a total of four interim orders, which will in effect bring the electoral process to a halt until the judicial review is completed.

Chief among the Orders granted by the High Court is an interim injunction restraining the Elections Commission from setting aside, varying or substituting the declarations of the Returning Officers of the 10 Electoral Districts with any other document, until the hearing and determination of the judicial review application. The interim injunction has also tied the hands of the Chief Elections Officer. “An Interim Injunction is hereby granted, restraining the Chief Elections Officer from submitting any Report of the total votes cast for each List of Candidates, pursuant to Section 96 (1) and (2) of the Representation of the People Act, save and except for the votes counted and the information furnished by the Returning Officer under Section 84 (1) of the Representation of the People Act, until the hearing and determination of the judicial review application…,” Justice Holder said as he granted the second order.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_03_18_2020

‘Coalition’ Berbice supporters press GECOM to declare results

SUPPORTERS of the A Partnership for National Unity  + Alliance For Change political party, on Tuesday, converged in front of the Guyana Elections Commission offices in New Amsterdam, as well as on the West Coast Berbice, pressing for the swift declaration of the March 2, 2020 elections results.

Coalition candidate, Mr. Jevaughn Stephen, told the Guyana Chronicle that the disgruntled supporters are calling on GECOM to make its final declaration with respect to the recently-held general and regional elections in light of the Constitution.  Further, they are calling on the Chief Elections Officer to present his report to the commission and for the commission to declare its results. Stephens noted too that the based on the delayed declaration of the results, supporters have decided to take the streets so that their voices can be heard.
Across on the West Coast Berbice, a group of supporters of the APNU+AFC Coalition also mounted a picketing demonstration outside the Office of GECOM at Fort Wellington, demanding that the commission swears in President David Granger for a second term. The protestors chanted: Swear in Granger now! Swear in Granger now!

Former MP, Jennifer Wade, said that the APNU+AFC had been twice declared winner of the 2020 elections and it was time GECOM got its act together. “Anybody can shout an elections rigged but GECOM is the final authority and we want to see them taking decisive action now,” she said. A spokesman said that the protest started at 14:00hrs and will last until late this evening and will continue tomorrow and until GECOM discharges its responsibility of swearing in David Arthur Granger as President.

After more than a week of confrontations and legal actions, the votes for District Four for the General and Regional Elections were finally declared by the Returning Officer, Clairmont Mingo last Friday night, amid heavy police presence at the Guyana Elections Commission (GECOM) High Street, Kingston Headquarters. According to the declaration, the A Partnership for National Unity + Alliance For Change (APNU+AFC) secured the highest number of votes in both the General and Regional Elections, followed by the People’s Progressive Party Civic (PPP/C).

In the General Elections, APNU+AFC secured 136,057 votes in District Four (Demerara-Mahaica), while the PPP/C raked in 77,231 votes. A New United Guyana (ANUG) secured the third largest number of votes with 1,387 votes, followed by Change Guyana with 919 votes; Liberty and Justice Party (LJP) with 761 votes and The Citizenship Initiative, 463 votes. The People’s Republic Party got 389 votes and The New Movement (TNM) 128 votes while the United Republican Party only managed to rake in 90 votes.

Meanwhile, in the Regional Elections, the APNU+AFC secured 130,289 votes while the PPP/C raked in 74,877 votes. Change Guyana received 914 votes, while 752 votes were cast in favour of the Liberty and Justice Party (LJP); 401 in favour of the People’s Republic Party; 125 in favour of the Victory of the People Party and 98 votes in favor of the United Republican Party. With being declared winner in Region Four, the coalition, based on GECOM’s results, would have won the elections clinching both the presidency and a one-seat majority in the 65-seat National Assembly.

The declaration was challenged by the opposition – PPP and GECOM is still deliberating whether to allow a recount of the votes for all 10 regions.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_03_18_2020

Chief Parliamentary counsel advises GECOM against gazzetting order for recount

– warns that such a move would supersede electoral laws, infringe on rights of electors

WARNING that an order intended to facilitate a recount of the ballots cast at the March 2 General and Regional Elections could have far-reaching implications, Guyana’s Chief Parliamentary Counsel, Charles Fung-a-Fatt, has advised the Guyana Elections Commission (GECOM) not to issue such an order on the grounds that it would be in contravention of the Constitution of Guyana and the Representation of the People Act.

GECOM, on Tuesday, sought legal advice from the Attorney General’s Chambers, Office of the Chief Parliamentary Counsel after the Caribbean Community (CARICOM) under the chairmanship of the Prime Minister of Barbados, Mia Mottley, who had brokered an agreement between President David Granger and Leader of the Opposition, Bharrat Jagdeo, to have a national recount of all the votes cast at the general and regional elections. While the two leaders had signed an Aide Memoire in the presence of CARICOM Secretary-General, H.E Irwin Larocque on the same, the commission later explained in a release on Tuesday afternoon that it was examining the “legal ramifications” of the agreement. This examination was necessary as CARICOM high-level team had proposed that an order be issued and gazetted to give effect to the agreement signed to pave the way for the recount.

ORDER CANNOT BE MADE

However, this is exactly what the Chief Parliamentary Counsel advised against after visited by of a delegation of GECOM Commissioners and the legal officer who presented the draft Order purported to be made under Article 162 of the Constitution and Section 22 of the Elections Law (Amendment) Act, No. 15 of 2000. “It is my respectful advice that this draft Order cannot be made,” he said, explaining that such an Order only caters for dealing with the removal of any difficulty which arises in connection with the application of the Representation of the People Act, Cap. 1:03.

He said that the provision that the Order is seeking to make has the effect of amending section 84 of the Representation of the People Act and would there be ex post facto.

“Passing the order would be making a retrospective law and that would affect the vested rights of a person under the Representation of the People Act,” the Chief Parliamentary Counsel said. “An Order cannot be made under this provision because any instructions or action that the commission takes must be in compliance with the Act. This provision empowers the commission to act administratively through an interpretation of the law as it now stands and does not empower the commission in a law-making capacity to modify the law.”

Before the advice, GECOM had stated in a release that while it had implemented systems for the operationalisation of the recount exercise, addressing these legal issues were a necessary “safeguard mechanism” for stakeholders involved. It had hoped that “once finalised, the counting would commence immediately.”

However, Commissioner Charles Corbin said following a meeting of the commission yesterday: “Where we thought that we were properly covered to proceed with the activity, in accordance with pieces of legislation which were identified and the Constitution, we could not get a firm view for support. In fact, it was the view that…we could not be properly covered in that.”

Earlier on, PPP/C Executive and former Attorney General, Anil Nandlall, had argued that the recount has nothing to do with the Constitution but is a facility granted under the Representation of the Peoples Act to be executed by GECOM. Where the Constitution becomes relevant on the matter, he said, is at Article 162 (b). “You will see that GECOM has wide and ominous powers to make decisions that are in the interest of the justice, impartiality and expediency. That’s very wide powers that GECOM can make decisions over ruling decisions made by personnel within the hierarchy of the secretariat,” he said.

In fact, Nandlall said that GECOM is empowered by law to make almost any decision possible in relation to its role and the elections body. “If you look at Section Five also of the Representation of the Peoples Act you will see the commission having the power to extend time if that is necessary and to also to perform the functions that would have been legally performed by any officer within the hierarchy of the secretariat. If you also look at Section 22 of the Elections Laws (Amendment) Act you will see that GECOM has a wide array of powers even to make orders, even to override legislation.”

However, the commission will be acting based upon the advice of the Chief Parliamentary Counsel.

A BIGGER PROBLEM

Around the same period that the commission was receiving this advice, an interim injunction was moved to the High Court to prevent the recount on the basis that final declarations were made by the Returning Officer (RO) from all 10 regions and those declarations are final. It was also made on the basis that GECOM is the sole supervisory authority responsible for the conduct of elections.

The application for the interim injunction was made by private citizen, Ulita Moore, represented by attorney-at-law B. Mayo Robertson. It came before Justice Franklin Holder, whose orders restrains GECOM from setting aside or varying any of the declarations already made by returning officers (ROs) of the 10 administrative regions; restrains the Chief Elections Officer (CEO) from submitting a final report on the overall results of the elections and restrains GECOM recounting or counting any ballots cast in the elections.

Commissioners Vincent Alexander and Corbin made it clear that no overall declaration can be made until a judicial review is conducted based on the application. “Anything that has not happened cannot happen now while the injunction is in force,” Corbin said. “This injunction will certainly stymie the progress that we were about to make.”

Commenting in his capacity as a Guyanese, Alexander said that he does not believe that the current situation is good for Guyana. He said fixing the same would take more than an electoral solution as it is not an electoral problem. “We have serious problems in terms of the plurality of our society, the distrust and the request for power from various segments to the ignorance of the real problem and real appreciation of the totality of the Guyanese community and I think we have to find a solution in that regard,” he put forward.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_03_18_2020

CARICOM recounting team pulls out

…after court injunction blocks recounting process

By Lisa Hamilton

THE CARICOM High-Level Team which travelled to Guyana to supervise the re-counting of ballots from the country’s March 2, 2020 General and Regional Elections, on Tuesday withdrew themselves from the process.

At 17:30hrs, the team pulled up at the Guyana Elections Commission (GECOM)’s High and Cowan Streets office, where they engaged the Commission in a brief meeting. Coming out of the meeting, Commissioner Charles Corbin said: “They have formally indicated to us that, given the developments that have occurred, they are currently in discussion, and it is quite likely that they are going to withdraw tomorrow.”

Commissioner Vincent Alexander added: “They have not given up on us; they have withdrawn at this point in time; they have indicated that they are still available if the need arises for an intervention to do so.”

CARICOM Chair, Prime Minister Mia Mottley of Barbados, on Saturday had announced that President David Granger had made a request for CARICOM to field an independent high-level team to supervise a planned national recounting of the ballots cast in the elections.

This was agreed to by Opposition Leader Bharrat Jagdeo, and the two local leaders signed an Aide Memoire for the agreed recount. However, CARICOM requested that this agreement be followed up with an Order and the same gazette, but this was advised against by Guyana’s Chief Parliamentary Counsel, Charles Fung-a-Fat as doing so would supersede electoral laws and infringe on the rights of electors.

This was coupled with an interim injunction and Order granted by the High Court to halt the recount, on the basis that the declarations that have already been made were final, and that GECOM is the only agency authorised to conduct elections.
This being the case, the high-level team withdrew themselves from the process. Though conceding that the way ahead is “not quite clear”, Commissioner Alexander said that the Commission is expected to appear in court on Friday, March 20, 2020.

The independent high-level team was chaired by former Attorney-General and Minister of Foreign Affairs of Dominica, Ms. Francine Baron, and comprises former Minister of Finance of Grenada, Mr. Anthony Boatswain; Senior Lecturer in the Department of Government of UWI Ms. Cynthia Barrow-Giles; Chief Electoral Officer of Barbados Ms. Angela Taylor; and Chief Elections Officer of Trinidad and Tobago Ms. Fern Narcis-Scope.

‘MOST UNFORTUNATE’
Opposition-nominated Commissioner, Sase Gunraj, who also spoke to the media on Tuesday, said that it is most unfortunate that the CARICOM team, which acted swiftly with the intention of assisting Guyana in its electoral process, was prevented from meeting their objectives, due to the actions of the Commission and others.

“As a consequence, they have come here, for several days now, and have not been given the opportunity to perform their functions for which they have come,” Gunraj said, adding:
“We see the alacrity with which the CARICOM has acted, from Saturday morning, when they were engaged by the President and Leader of the Opposition. And by just after lunch, there was a statement issued by the CARICOM Chairman, and by 12:30 that night, there was a plane on the tarmac at the Cheddi Jagan International Airport, with five persons; five experts drawn from various parts of the Caribbean sent here specifically to [assist].” 

 He highlighted that the team was present in Guyana for three days, and yet the process to commence the recount remained stagnant. He believes that this was as a result of “deliberate actions” from within the Electoral body. Gunraj said that during their brief meeting with the Commission, Baron, the team’s leader, and CARICOM Secretary-General Ambassador Irwin Larocque had some “very strong words” for Guyana, as the country was in “a very precarious place”.

“They both wished us well, and you could see the disappointment and dismay in their faces as they were doing so,” Gunraj said, adding: “Unless something happens that is deeply steeped in maturity, and level-headed and right-thinking members of society see this process through, we are one step away from descending into mayhem.”

Since the March 2 General and Regional Elections, the tabulation process for Region Four (Demerara-Mahaica) was marred by a series of events, beginning with the Returning Officer (RO) and his staff falling sick, to the People’s Progressive Party/Civic (PPP/C) repeatedly storming the GECOM command centre, to an injunction barring the declaration of the results and subsequently a series of objections.

Eight political parties had requested a recount for the contentious Region Four on Saturday, the same day that CARICOM Chairman, Barbados’ Prime Minister Mottley announced that President Granger had requested that the regional bloc field an independent high-level team to supervise the recounting of the ballots. It should be noted that the high-level team’s exit comes as Guyana announced on Tuesday that in order to slow the progress of COVID-19 in the country, it will be closing its airports to all international flights for two weeks, beginning at midnight today, Wednesday, March 18, 2020.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_03_18_2020

Any recount must be done by lawful means

Dear Editor,
I AM deeply troubled by what appears to be an attempt to blatantly breach the laws of Guyana in an effort to ‘cure’ what appears to have been determined by public opinion, rather than a court of law, to have been breaches of the laws of Guyana.

The Guyanese public was first made aware by way of a press statement by the Honourable Mia Motley, Prime Minister of Barbados that President Granger and Mr. Bharrat Jagdeo, Leader of the Oppsoition, have agreed to a recount of votes of all 10 regions.
Article 161B of the Constitution of Guyana states:

“It is hereby declared that the role of political parties and their nominees in the conduct of elections by the Elections Commissions shall be limited to their participation in determining policy, monitoring the electoral process and the conduct of the election, but does not include active management of the electoral process.”

The Representation of People Act Cap. 1:03 makes specific provision for the persons who can request a recount, the person to whom the request shall be made and who has the power to determine whether to permit a recount. Section 88 of the Act states:
“88. A duly appointed candidate, or counting agent present when the counting or any recount of votes is completed, may request the returning officer to have the votes recounted or again recounted; but the returning officer may refuse such request if in his opinion it is unreasonable.”

It is therefore the Returning Officer who is vested with the power to determine whether to permit a recount.

While perhaps well intentioned, I am unable to ascertain the basis in law for any agreement between President Granger and Mr Jagdeo with respect to the recounting of votes. There is no order by any court directing the Returning Officers to carry out a recount.
I am perplexed as to the basis upon which Justice (Rtd) Claudette Singh, a former judge of the Court of Appeal and Chairman of the Elections Commission could lawfully have given the “undertaking” she allege she gave to the court regarding a recount. Such an undertaking has no basis in law since she is not the person vested by law with the power to determine whether or not to permit a recount. Yet, somehow, Justice Singh has elevated this “undertaking” to something that has the force of law which binds her to do what she has no statutory power to do.

It appears to me that this approach, rather than providing a sensible and lawful path forward, will only serve to exacerbate and further complicate the current crisis. It is unlikely that any court would uphold a political agreement for a recount or a request for a recount by persons not permitted to request a recount.

Neither Section 22 of the Elections Laws (Amendment) Act 2000 nor Article 162 (1) (b) of the Constitution gives the Commission of GECOM the power to override the specific provision of Section 88 of the Representation of the People Act.
Any recount must be done by lawful means and not by breaching the laws of Guyana. Throwing aside our laws for political expediency will have far reaching and long lasting consequences.

It is most interesting that some of the same persons who are screaming the loudest about unlawful action are prepared to engage in equally unlawful actions to achieve their desired objectives. The silence of persons and organisations who hold themselves out as being guardians of the law is deafening. Where is the Bar Association on this issue?
Their silence screams for all to hear!

Regards,
M. Pratt

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_03_18_2020

The votes have already been counted legally

– long before the CARICOM team arrived

DEAR High-Level CARICOM Team,
Welcome to Guyana


Please proceed to make yourselves useful in our dear land; try not to forget that one of the staunchest and most brilliant founding members of your organisation was Guyana’s President L. F. S. Burnham.

The remnants of the party he once led do not follow in his august footsteps. He was a regional giant, as was his cohort, the late Dr. Cheddie Jagan, another stalwart in the history of the Caribbean. They roared and bargained and won us independence. Guyana reports to no monarch. Now that the party that Dr. Jagan belonged to has actually metamorphosed, it more ably demonstrates that it paid attention, and adhered to one of Mr. Burnham’s more famous quotes: “Guyana first, Guyana second, Guyana third… Guyana is for all Guyanese”.
The present inheritors of a purported ‘Burnhamist’ ideology have clearly never read his ‘Destiny to Mould’, as the Guyana he envisaged is poorly represented by the actions and paltry utterings of some of the newest incarnations of those who seek to laud him. Mr. Burnham was clever, complex and canny. These traits were clearly interred with him. Nowadays, it appears they are intent on creating an impression of being Caesar-like, without truly understanding the underlying astute and unmatched intelligence of the most important founding members of CARICOM. “I blame you not for praising Caesar so. But what compact mean you to have with us? …Or shall we on, and not depend on you? Good luck in whatever process you have been invited here to conduct, lawfully. Feel free to not take offence at my few words. I am the proud daughter of one of Guyana’s true heroes, the late Capt. Asad Ishoof. I will now, and forever, see Guyana as the jewel of the Caribbean.
My late father, I will admit, felt CARICOM had little relevance to Guyana, as it lacked the bountiful resources we have always had as a nation of producers. He bravely defended both the eastern and western boundaries of our nation, proudly and fearlessly leading men who were prepared to put their lives in his capable hands. Their unmatched courage created Guyana’s claim to the geographic space for what riches would later be discovered offshore, within boundaries defended. His was a patriot’s championing of Guyana. Not one race, not one type of people, not the moneyed classes (he was a poor lad from the country); not urbanites, but all Guyana.

In his rise through the ranks of the GDF, he was trained to be an elite officer, who then turned around and imparted discipline and knowledge to the many who were subsequently trained in a disciplined fashion by him. He was held in high esteem by all soldiers alike, who clearly, to this day, felt a loyalty gained from knowing he valued them; not for what they had, or where they came from, but that they were his troops that he personally invested in, imparting whatever wisdom he could to the regular ranks and subsequent officers.

The first Guyanese citizen to reach the peak of Mt. Ayanganna on Independence, he also raised the Golden Arrowhead when Guyana retook Camp Jaguar after the New River Operation. This land is the patrimony of his progeny, and that of all Guyana’s children.
So, dear Honourable Guests, please ensure you comport yourselves accordingly; the world is watching. Do not make us further into a grotesquerie; it is certainly not what our illustrious past leaders Dr. Jagan or Mr. Burnham would have wanted. And it is most certainly not what one of its most outstanding field officers, Capt. Ishoof, or those truly loyal to him, would have wanted. We Guyanese are a proud people; we were wealthy long before the discovery of ‘black gold’. Agonise as we all certainly do, few of us plan to ever give up on our manifest destiny to regain importance in the region. As long as we have visionary, bold and intelligent leadership. Lawfully, democratically-elected leadership. The votes have already been counted legally; long before you arrived. A winner has been evident for some time now. Let us see if you have the integrity and chutzpah to declare the obvious.

Sincerely,
Scheherazade Ishoof Khan

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_03_17_2020

PPP loss predicted

Dear Editor,
Dr. Kirk Meighoo’s October 18, 2019 article in the Indo-Caribbean Diaspora News – icdn, using his statistical analysis — Turkeyn Research and Polling Institute (TRPI) and putting his professional reputation on the line, states that Irfaan Ali is the only PPP/C candidate who could not defeat President Granger in a general election.

Getting this information, Dr. Ali could have increased his party’s likelihood of winning the 2020 election by magnanimously resigning, and having his party select a candidate whose success was more statistically viable.  Instead, the PPP/C chose a different path.
On February 26, 2020, the icdn published an opinion piece stating that “Irfaan Leads Granger in Latest Opinion Poll”.  One would expect this “opinion poll” to be named for credibility, so that it would assure the PPP/C constituents of a victory.  However, no “opinion poll” was named, which suggests that the information is groundless.

According to the mystery poll, “Dr. Ali is an electoral juggernaut, while Granger is an unpopular leader…”  And while tooting praise for Dr. Ali, and disparaging President Granger, the article concludes:  “On purely hard-headed electoral grounds, and a free and fair election, Ali will be the next President. Evidence points to a plan to rig the elections.”  This last line shows irresponsible editorship. Furthermore, this statement, even though disgusting and troubling, reverberates with disdain for the electoral process and all (local and international observers) who are working to ensure that the rules are followed.  It shows the Opposition’s playbook promotes discord within our nation.

Now, as half the nation waits in discontent, please review the statistical analysis of Dr. Meighoo and what it portends – the PPP/C could not win the elections with Dr. Ali as their candidate.  At the same time, the Coalition was not complacent with Dr. Meighoo’s statistics.

The PPP/C vote was not predicted to show any significant increase.  This allowed the Coalition to calculate the number of new voters they needed, to concentrate their resources to register new voters, and to ensure their voters vote on Election Day.  This may be a bitter and disappointing pill, but Dr. Meighoo’s analysis of the numbers indicated a PPP/C loss.  Sadly, the PPP/C chose to ignore the numbers, and its constituents once again suffer the loss.

Sincerely,
Stanley Niamatali

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_03_17_2020

Opposition’s storming of GECOM building

ON the night of Wednesday, March4, 2020, nothing could have prepared the Guyana Elections Commission for the events that would soon transpire; events that would completely derail an elections process that was deemed “free”, “fair” and “smooth” by electors, officials and observers up until that point.

On the night of Wednesday, March 4, and on Thursday, March 5, 2020, an invasion occurred right on our very own shores here in Guyana. The invasion occurred at the GECOM Media and Tabulations Office on High and Hadfield Streets in Georgetown, and was led by none other than former President of Guyana and Leader of the Opposition Bharrat Jagdeo. Mr. Jagdeo, along with known People’s Progressive Party/Civic (PPP/C) operatives, among them a known former member of the reputed ‘phantom death squad’ and accompanying cronies, descended upon the unsuspecting staff at GECOM. The PPP/C Presidential Candidate, Irfaan Ali was also in the company of the group as they instituted what could only be described as a concerted effort to intimidate, obstruct and derail proceedings at the GECOM HQ. The video footage which surfaced shortly after the commotion and melee which ensued leaves much to be desired by way of due process, law and order and general standards of conduct of right-minded citizens and officials.

The video footage of the events of March 4 and 5 are both shocking and horrifying in their depiction of overt verbal and physical aggression on the part of the PPP/C-led ensemble against GECOM staff and members of the Guyana Police Force. What’s more, the ensemble was reported to be in possession of firearms. Members of the media were present at the time, and have been able to attest to the almost unbelievable exhibition of strongman tactics engaged by the Opposition and their leaders in their effort to obstruct proceedings at the GECOM HQ. GECOM Chair, Justice (retired) Claudette Singh was reportedly barricaded in her office, which was eventually breached, as officers of the GPF struggled to bring order to the situation. As reports reached the public of what had happened, GECOM and its workers were left in shambles.

The Opposition’s criminal invasion of GECOM, and the narrative they spread following their own actions could only be deduced to have been an attempt to obstruct GECOM and its staff as they attempted to undertake their constitutional obligations in relation to the declaration of results for Region 4. The subsequent injunction filed in the High Court and granted by Justice Navendra Singh allowed the Opposition to bar GECOM from announcing the results for Region 4. On Wednesday, March 11, Chief Justice Roxane Wiltshire-George ruled that the correct procedures for Region 4 were not followed, and directed GECOM to either continue with the tabulation exercise for Region 4 or start anew.

In the meantime, it would emerge that the Opposition had disseminated Statements of Poll to several small parties, which also contested the regional and general elections but were unable to field agents at all the polling stations. Presidential Candidate of The Citizen Initiative Rondha-Ann Lam, and Presidential Candidate of the People’s Republican Party Phyllis Jordan, confirmed that they had received SOPs from the Opposition, and that the information on those SOPs were inconsistent and inaccurate when compared to the ones being displayed at the polling stations. The upshot of our largely manual elections infrastructure is that GECOM will have their hard-copy original SOPs to undertake the recount exercise.

Although it might read like fiction, these events have indeed transpired here in Guyana during one of the most important constitutional exercises in our modern democracy. The carefully-calculated plans of the Opposition, as we have seen them unfold, are both shocking and criminal. Their conduct deserves to be roundly condemned, and their actions seriously investigated.

Furthermore, the deafening silence by members of the various International Observer Groups who have been vocal in condemning other issues emanating from last week’s events, is thought-provoking. The actions of the International Observer Groups must be more closely scrutinized, because they, too, have had an impact on the unfolding of events during these regional and general elections. Nonetheless, local observer groups, groups that are more closely acquainted with the politics of Guyana, have issued strong condemnations of the events which took place at GECOM on March 4 and 5. Finally, the GPF should also be better prepared to ensure that events like these do not reoccur, and that if or when they should occur, the Force is organised and able to quell the incident in a decisive, planned and effective manner.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_03_17_2020