Dear Editor,
I write to respond to what appear more of a Campaign speech than a diplomatic release by the United States Ambassador to Guyana.

As I read this piece of mischief, I feel it for my country more than anything else- editor, I submit this simple question, what have we become as a nation?

The Ambassador ended her piece of writing by stating that the United States Government has no interest in who wins Guyana’s elections. I must have missed something. The local diplomatic community, in particular, the United States Ambassador took a position as of March 03, the day after our elections- I don’t need to repeat that here. Then we saw a barrage of ‘tweets’ coming from several U.S officials, those who hold high offices and the bottom feeders alike.

What the gentle lady failed to mention in her writing is that the task of diplomacy is to follow, promote and maintain international relations, to eliminate and settle misunderstandings and problems which have arisen in relations between subjects and international law and international relations in general. What the U.S Ambassador and her colleagues have been doing here in Guyana since the conclusion of our elections is simply gas lighting- and as a people we will not accept that- not then, not now.

Editor, a few days after the elections, the Western Diplomats issued a statement claiming they have evidence of electoral fraud. We are yet to see those “Evidence”, but I will tell you what those evidence are- the bogus Statements of Polls (SOPs) given to them by the Opposition People’s Progressive Party. I am prepared to apologise publicly if they prove me wrong. The question remains- whose side are they on?

The U.S. Ambassador did not mention why she was named as a contact person in Guyana for Mercury Public Affairs, the Company PPP hired to do it’s hit job, maybe, it was lapsus calami on her part. Madam, we read your threats and we are not afraid, but just in case you believe we are, in the event you awake from the slumber, and on your own behalf, I adjure you, in this delicate time in our country’s history, it is better for “outside forces” to stay calm and not throw a conniption.

Respectfully,
Shawn A. Austin

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle-epaper_04_03_2020

Dear Editor,

Guyana is a civilized and modern nation that is governed by a constitution and laws like any other in the family of nations. I reiterate, that Guyana is not a banana republic that will bend to the wishes and desires of different sectors as it suits their interest. All authority on the management and decision making over elections are governed by an independent constitutional commission the Guyana Elections Commission.

The constitution vests all power over the entire registration and elections processes to the said commission, therefore the commission is completely independent and insulated from any outside interference. As in all jurisdictions, the Supreme Court is the only arm of the state with vested authority to inquire into and alter the work of the Commission to ensure that all of it’s actions align with the constitution and laws of Guyana. No political party, so called ‘observer group’, private organization, foreign powers, or organization of states and countries have any right to dictate to GECOM how the elections should be managed. Guyana is a sovereign nation, and issues of national debate and concern must be solved by the Guyanese people through the framework of our constitution and laws. To do otherwise is to invite our country on a grand march to institutional chaos.

It is therefore very alarming that the PPP and their fellow hacks and travelers are urging the commission and pressuring the Chair to disregard the judicial process, and proceed with a recount just because ‘they seh so.’ It is unbelievable and downright ridiculous to hear the Commonwealth, CARICOM, OAS, Britain, United States, and Canada say that the only way the elections can be valid is if a recount is done. Show me that requirement in the laws of Guyana! The Returning Officers all made legal declarations with no evidence of malpractice presented. Further, the actions of the Region Four declaration were subject to judicial scrutiny and the tabulation was redone in strict compliance with the order of the Chief Justice as prayed for by the PPP. The constitution provides that anyone who feels that the elections do not represent the will of the people must file an election petition, and the actions of GECOM will be examined through that judicial process.

This is known to the PPP, whose corrupt victory in the 1997 elections was overturned by the Supreme Court through an election petition. When the PPP was awarded a seat from Region Ten that belonged to the AFC based on inaccurate calculations, the then Chief Elections Officer said that can only be addressed through an election petition. Sam Hinds squatted on that seat for the entire term of the PPP’s governance, even though the numbers showed that the seat belonged to the AFC. Again, Guyana is a modern nation; we do not make up laws as we go along.

Now that the court has decided that matters of concern about the elections process must be determined through an elections petition, it is now up to the commission to determine the way forward according to the law. It is interesting to hear the PPP and their hacks now saying that the Chairman of the Commission committed to a recount. That’s a downright lie. The Chairman in her affidavit stated that the Commission can do a recount if it deems it necessary. The election results were declared according to the laws of Guyana and anyone challenging it must do that through the established judicial process. The PPP only hails the court processes when it suits their purpose. There is no issue to debate and deliberate on, the commission must now follow procedures and make a declaration.

The actions of the PPP choir members should not surprise anyone though. All that is playing out is a well-orchestrated plan to deny the APNU/AFC coalition their victory to foist Jagdeo and cohorts back on Guyana. Guyana’s black gold has really aroused the appetites of western business oligarchs and they are insistent on getting the most corrupt and controllable into office. How else can you explain a known fact that the PPP paid a notorious international lobbying company 34 million US dollars to get them back into office? Where did that money come from, and who is ensuring that the PPP gets into office to collect what they are owed? There are published documents that allege the same company arranged meetings between the PPP and powerful officials in the US government and local embassy officials. These are documented and recorded facts, that show there are serious international interests in seeing the back of the APNU/AFC. How else can you explain with all the files and intelligence the United States, Canada, OAS and Britain have on death squads, drug running, murder of their own minister, and excessive thievery they are still backing the PPP?

Guyana must take a stand in defence of its sovereignty and principle. We should die on our feet rather than live on our knees. The very existence of Guyana as a civilized and modern state is at risk if we fail to honor and respect our dignified sovereignty and act in accordance with the constitution and laws of our country.

Yours truly
Jerrick Rutherford

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle-epaper_04_03_2020

Dear Editor
Guyanese in the twenty-first century have witnessed many of the world’s most fascinating and life altering phenomena, from smartphones, smart televisions, refrigerators with special features, self-parking cars, Google, Facebook, WhatsApp, etc.The technological advancements has change the way we communicate with each other, how we cultivate our food, administer healthcare, develop our infrastructure and many other things too numerous to mention.

The world has witnessed the rise and fall of great men, brutish dictators overthrown by murderous mobs and in our country we have witnessed questionable characters who were elevated to positions of  God-like and unchallenged leadership who were simply given positions to the interests of their marionnettiste.

Despite all those amazing occurrences, one of the world’s most attention grabbing phenomena is the novel coronavirus, commonly known as COVID19. The outbreak of this very contagious and deadly virus has reached over 180 countries and territories around the globe. Over 921,000 people around the world have been infected and it continues to rise with each passing minute. The number of deaths thus far has risen to 46000 persons worldwide and 192000 with potential for more have recovered from the coronavirus.This virus is the most vicious, dangerous and deadly enemy of the 21st century. No nation state, irrespective of its vast military might, is its formidable opponent. This virus is presently the most dangerous threat to humanity. If not contained and eliminated, millions of people all over the world will succumb. We have witnessed the unmanageable fatalities especially in China and Italy.

The secretary-general  of the United Nations, Antonio Guterres, told the meeting of the G20 countries ( a group of countries with the biggest economies in the world, responsible for more than 80% of the world’s wealth), “We are at war with a virus and not winning”. I Jermaine Figueira repeat “Not WInning!”

The data is both  interesting and frightening, which reflects that the highest fatalities are from the most industrialized, economically and technologically advanced nations. The reality is Mr. Editor, if the virus systematically impacts poorer countries who are not advanced, hence third world and developing nations, the fatalities will be incomparably unprecedented. The harsh reality is that millions of people’s lives in these countries are at risk because the healthcare systems of third world countries are not capable of deal with or addressing this clear and present danger that is upon us.

Regardless of our political affiliation, religion, gender or whichever strata of society that we belong: this virus is our common enemy. This virus can be transmitted and has so far been defeating most natural interventions. Our faith is still strong and resolute that a miracle will come. As we wait, the government is working, trying it’s best to do what it can, knowing much more is required. But to some extent they are handicap, due to the insurmountable political shenanigans of a power craving by the desperate Bharat Jagdeo-led opposition, who refuse to accept the will of the people, despite the fact that two declarations were made by the Guyana Elections Commission.

Guyana and its people have waited for far too long, the courts have ruled and placed the mandate back in the hands of Gecom to complete its work of making the final declaration of the already tabulated and declared results of all ten electoral districts. The law mandates that any desire for a recount, regardless of how honorable and noble the intent is, the law is paramount and pellucid. Such has to be done by way of an election petition. No one should invent processes contrary to the law in the name of good intentions.

As the nation tries to prepare with grossly limited resources to combat this imminent threat to our lives and existence, we call on the hard working and dedicated staff of Gecom to complete its constitutional mandate and declare the already known Victor. The PPP lost the 2011 elections as they were a minority government, they lost in 2015 and they lost again in 2020.

Covid19 urgently requires budgetary allocation so that we can stop the spread of the virus and help those who are in need of resources. A robust national campaign against this virus is urgently needed, along with a disciplined people who will adhere to all public advisory form the Ministry of Health. We are currently asking persons to stay at home but this is a difficult task as there is no budgetary allocation to provide stimulus for those persons who are self or privately employed.

We are well aware that the virus will not survive if it does not have a host, hence by stopping the spread of its domination and we will be able to save lives. Gecom must with urgency wrap up this month-old elections process, declare David Arthur Granger as the obvious winner and entertain any other complaint through an elections petition; as we must with most urgency bring this country to a complete shut down for a short period of time to  prevent the spread of COVID19.

Regards
Jermaine Figueira.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle-epaper_04_03_2020

By Svetlana Marshall

WILL the Guyana Elections Commission (GECOM) order a National Recount? That decision would be determined today, when the Commission, chaired by Justice (Ret’d) Claudette Singh, meets to chart the way forward with the anticipation of bringing an end to the electoral process, which has been protracted for more than a month.

When the Commission met on Thursday at its High and Cowan Streets Office, the Chair iterated her commitment made to the High Court to have a National Recount facilitated but this was met with recommendations, from the Government nominated-Commissioners, that legal guidance be sought ahead of any decision. Commissioner Charles Corbin is expected to submit a report on legal guidance received on the topic of a national recount at this stage of the elections.

Thursday’s meeting was the first since the Full Court ruled on March 31 that a Judicial Review of the decisions of the Elections Commission is not possible at this stage of the electoral process, and any challenge must be brought by way of an Elections Petition following the declaration of the results. A private citizen, Ulita Moore, had filed legal proceedings to block GECOM’s decision to facilitate a national recount, on the grounds that the Chief Elections Officer, Keith Lowenfield has already compiled his report, and a President of Guyana should be declared.

During the meeting, Justice (Ret’d) Singh reminded the Commissioners of the legal ramifications that currently face the Commission. “…Chairperson of the Guyana Elections Commission, Justice Claudette Singh provided a brief background on the Court proceedings and explained that the contempt matter brought against her has not concluded but has been shelved due to her giving an undertaking to conduct a full national recount of all votes cast in the March 2, 2020 General and Regional Elections at the level of the Commission,” GECOM’s Public Relations Officer, Yolanda Ward explained in a statement.

Against that background, the Chair asked the Commission to discuss the possibility of the recount but within the framework of the Constitution and the Electoral Laws of the country. In the early stages of the meeting, Opposition nominated-Commissioner Robeson Benn moved a motion calling for a recount but subsequently withdrew it based on the contention that GECOM had already taken a decision to so do.

“[The] Opposition nominated Commissioners expressed the view that the Commission did approve to have a recount supervised by CARICOM and that there is nothing that precludes the Commission from moving ahead in this regard now that the Court has paved the way for GECOM to finalize its deliberation to operationalise the recount,” Ward explained.

While President David Granger and the Leader of the Opposition Bharrat Jagdeo have signed an Aide Memoire for a high-level Caribbean Community (CARICOM) team to supervise a recount of ballots in the 10 Electoral Districts, the country’s Chief Parliamentary Counsel, Charles Fung-a-Fatt, had advised the such an arrangement would be in contravention of the Constitution of Guyana and the Representation of the People Act. The Full Court, however, in dismissing the case brought by Moore, said there are provisions within the Constitution and Sections 22 of the Elections Law (Amendment) Act of 2000 for the Elections Commission to one, facilitate credible elections and two, address any difficult that may arise. Several difficulties have arisen since the March 2 Elections resulting in a significant delay in the delivery of the results.

“It is within this context, one would expect GECOM to step in and take charge of the situation. Article 162 (1) (b)…gives wide powers to GECOM to ensure an impartial and fair elections process. Section 22 of Act No. 15 of 2000 merely supplements or provides one of many mechanisms for ensuring that there is compliance with Article 162 in this regard,” Justice Roxane George-Wiltshire reasoned as she handed down the ruling in the Full Court.
Section 22 states: “If any difficulty arises in connection with the application of this Act, the Representation of the People Act or the National Registration Act or any relevant subsidiary legislation, the Commission shall, by order, make any provision, including the amendment of the said legislation, that appears to the Commission to be necessary or expedient for removing the difficulty; and any such order may modify any of the said legislation in respect of any particular matter or occasion so far as may appear to the Commission to be necessary or expedient for removing the difficulty.”

The decision of the Full Court is now being challenged at the Court of Appeal.
In addition to recommending that the Elections Commission seek legal guidance as it decides on its next step, Government nominated Commissioner Vincent Alexander tabled a motion for the Commission to await the completion of the legal proceedings and consider the report of the Chief Elections Officer on the results of the Elections. But the Chair of GECOM again reminded the Commissioners of the legal challenges filed against the Commission.

“Justice Singh explained that she would be unable to allow the CEO to present his report at this point in time since a contempt motion brought by the People’s Progressive Party restrains her from so doing. In relation to this matter, she had given an undertaking to the Court to facilitate a recount at the level of the Commission,” Ward reported.
But while Ward reported that the motion was not allowed, Commissioners Sase Gunraj and Vincent Alexander told reporters, upon the conclusion of the meeting, that the motion was put to a vote, and it was voted down – 4-3.

“The question of whether we should not wait on the present legal proceedings before we proceed was brought by way of motion, and that motion was disposed of negatively by a 4-3 vote,” Commissioner Alexander told reporters outside of GECOM’s office, moments after the meeting concluded.

Asked what the reason behind the motion was, Alexander, in response, said “if one looks at the procedural elements of the things, there really is no impediment to that report being table.” Further to that, he referenced to commitment by the Chair of GECOM to await the completion of the legal proceedings before taking any action. Nonetheless, Alexander said he would vote in favour of a national recount in accordance with the CARICOM initiative.

Commissioner Gunraj also expressed support for a national recount. “As we speak, I believe that everyone recognizes that a recount has to or ought to be conducted. There is discussion about the legality or whether we can do that. It is my position is that we can,” he told reporters outside of GECOM’s head office.
The meeting of the Commission will reconvene today at 10:00hrs and a decision on the way forward is expected.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle-epaper_04_03_2020

…transaction for Kingston property acquisition started under PPP 

By Lisa Hamilton 

KNOWN critics of the government have been called out for seeking to create controversy, where none such exists, in the recent transfer of property by the Government to BK Marine Inc., owned by Brian Tiwari.

An Order gazetted on March 28, 2020, made its rounds on Facebook, and, later, in the media where the government was accused of selling prime waterfront property to BK, on February 26, just days before the March 2, General and Regional Elections. The Order was signed by Finance Minister Winston Jordan and saw the title of the immovable property of National Industrial and Commercial Investments Limited (NICIL) which amounts to 2.553 acres of land being transferred to BK Marine Inc.

The land includes: Mudlots 1 and 2, Cummingsburg, Georgetown; Lot ‘F’, a portion of Mudlot 3; and Lots ‘A’, ‘B’ and ‘D’ portions of North Cummingsburg, Georgetown.
The likes of Attorney-at-Law, Christopher Ram, called for an investigation to be launched into same and the Order was shared by a People’s Progressive Party/Civic (PPP/C) Facebook page alleging illegality on the government’s part.

BY THE BOOKS

In a release on Thursday, NICIL denied involvement in any shady deal and labelled reports suggesting otherwise as “absurd and crass”. The release stated that the properties were vested to NICIL via Order No. 43 of 2003 and 42 of 2003. On December 4, 2006, a lease was entered between NICIL and BK International Company Inc. for 20 years, with an option to purchase the property for $110,000,000.

The option to purchase was dependent on the Lessee obtaining approval from the Mayor and City Council for its intended construction works. NICIL said that this agreement was signed by former Head of NICIL, Winston Brassington and BK Inc. and witnessed by Marcia Nadir Sharma.

On November 19, 2009, BK Inc. exercised its option to purchase and ceased paying rent but NICIL rejected the offer to purchase. Years later, in June 2013, a legal action was instituted against BK International Company Inc. for rental arrears and accrued interest. The matter engaged the attention of the Court from 2013 to 2017 and sometime during 2017, BK Inc submitted an amended offer.

In August 2017, the matter was set down by the court pending settlement, and, in October 2017, NICIL made a counter offer to BK Inc. that included the original purchase price, all outstanding rent, and 50 per cent of the accrued interest. BK Inc. accepted the counter offer.

Then, in November 2017, NICIL submitted to Cabinet, a request for approval for transfer by sale. However, NICIL was informed that an objection was raised by the Ministry of Public Infrastructure on behalf of Transport and Harbours Department and, as a result, Cabinet’s approval was deferred.

In October 2019, NICIL received approval, following which the Vesting Order was prepared, signed and gazetted. Speaking briefly on the matter on Thursday, Minister Jordan confirmed that said matter was before Cabinet over two years ago and Tiwari is under the agreement of a lease which gives him the right to exercise a purchase should he so desire.

“He has the lease and the lease gives him the option to purchase and he tried to exercise his options and we had been investigating that,” Jordan said. The minister believes that no matter the time that the transfer was made, whether before or after the elections, the Opposition would have made it its duty to raise contention. However, he made it clear that Tiwari did not receive any favours from the government as the said agreement began under the PPP/C and represents a fair transaction.

I WAITED FOR YEARS

Contacted on the matter, Tiwari, on Thursday, told the Guyana Chronicle that BK has been pursuing the transfer for over 12 years. “This thing wasn’t done with this government. This thing was done since in the days of the PPP. It was a tender and the tender clearly says what you had to do and we complied with whatever we had to do and we were waiting all the time for the transfer; that’s all,” he said.

He said the agreement involved was a Rental-Purchase Agreement for which three persons submitted tenders — inclusive of late realtor, Tony Reid. However, Reid died and the other person could not come up with the money so he won the tender and entered into the agreement on December 4, 2006. The agreement was signed between Tiwari and former Executive Director of NICIL, Winston Brassington. It detailed the requirements needed to be met before one became eligible to purchase the property.

Tiwari said these requirements were fulfilled but the agreement also mandated that a letter from a bank proving that one had the finances to purchase the property and that was provided. However, Tiwari was denied the purchase and possession of the property, took the matter to court and was ordered to pay the sum of $22M to be eligible for the purchase. Even though these payments were made, Tiwari said he was still denied ownership of the property. In 2017, a further agreement was signed with NICIL for the purchase of the property.

He said, even so, he had to wait years to see the realization of the transfer. Asked what he believed was the reason behind that, he stated: “That’s how the PPP operates. If they want to keep you behind the bars, they put you behind the bars; that’s how the PPP do it. You either be with them or you’re not for them.”

Recounting the years, he said that himself, Former Private Sector Commission (PSC) President, Edward Boyer, and businessman and close friend of Jagdeo, Bobby Ramroop had applied to the government for land but he was the only one who faced challenges. “The PPP hold this thing back from me,” he said. “The two got their transport and they shocked me out. I didn’t get but the two get; Bobby Ramroop and Eddie Boyer.”

INTENTIONAL DELAYS

Adding this position to the matter was former Trade Union Representative to the then Privatisation Board (PB), Lincoln Lewis.

In a public statement Lewis said he was in representation at the time of the bids for the property and what the government has done is merely complete a transaction intentionally stalled by the PPP government.

He said that Brassington had recommended at the meeting that a company registered at Phagoo Store in Regent Street, which had no track record with any business, be given the property in question. Lewis objected on the grounds that BK’s proposal was superior and satisfied the requirements demanded by PPP/C government. The entire PPP/C-appointed Board eventually agreed with the Trade Unionist who hadn’t known Tiwari at the time.

“What is instructive about the PPP is that that government took time in making sure the final and legal transfer of these properties were never brought to finality. The reason behind this behaviour, is that if for any reason whenever one wants to approach the bank or third party to be involved in any business it will require permission from the government to do so. As such, if the person to whom the property is given should take a position that conflicts with the government, the owner will never be able to get the support or comfort to do any business with a bank or third party,” Lincoln said.

He added: “What the coalition government has done is complete what the PPP government started- but for whatever reason failed to do- in moving to give legal transfer to the owner.”

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle-epaper_04_03_2020

At the 56th meeting of Commonwealth Ministerial Action Group (CMAG) on Tuesday, the Commonwealth committed to supporting CARICOM in its endeavours to monitor the smooth flow of democracy in Guyana.

Attending the meeting by video conference was Ambassador Raychelle Omamo SC, EGH, Cabinet Secretary for Foreign Affairs of Kenya, Ministers and Representatives of Australia, Barbados, Belize, Ghana, Malaysia, Namibia and the United Kingdom.

They expressed “grave concern” about the counting and tabulation of Region Four votes and noted that the process had been interrupted by several matters such as the declaration of the Region’s Returning Officer (RO), since ruled unlawful, and election-related litigation brought before the Court.

Even so, the Ministerial Action Group said it remains ready to support the process towards a transparent elections conclusion in Guyana and welcomes the public undertaking of the GECOM Chair that the votes be recounted. “Ministers strongly iterated that any Government which is sworn in without a credible and fully transparent vote count and tabulation process would lack legitimacy. Ministers affirmed the Commonwealth’s readiness, along with its partners, to provide assistance to ensuring a credible and transparent conclusion to the electoral process in accordance with the will of the people as expressed on 2nd March,” the release stated.

“Ministers also encouraged the Secretary-General to remain engaged with Guyana through her Good Offices and to keep CMAG informed of developments in the country. Ministers agreed to keep Guyana on the formal agenda, and, where necessary, to convene an extraordinary meeting to discuss the situation and explore appropriate options.”

An 11-member Observer Group from the Commonwealth arrived in Guyana on February 23, 2020 to observe pre-election, polling day and post-election activities to ensure that they were in keeping with Guyana’s laws, and its regional and international commitments. The team was led by Chair of the Commonwealth Observer Group, former Prime Minister of Barbados, Owen Arthur.

Following the breakdown in the tabulation of the counting and tabulation, the Commonwealth commended CARICOM’s efforts, at the invitation of President Granger and the agreement of the Leader of the Opposition, to support the transparent and credible counting of ballots under the authority of GECOM.

The Ministerial Action Group noted with deep regret that the CARICOM High-Level Initiative in the interest of peace and the preservation of democratic values was halted. “Ministers encouraged CARICOM to remain seized of the situation in Guyana and committed Commonwealth support to these endeavours,” the statement indicated.

“Ministers called upon the Guyana Elections Commission to immediately fulfil its constitutional mandate and ensure the sovereign right of the people of Guyana to duly elect their Government is respected through a transparent and credible counting and tabulation process.”

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle-epaper_04_03_2020

…says party through Mercury spinning false narrative of elections victory

IN a counter strike on Thursday, the APNU+AFC slammed the People’s Progressive Party/Civic (PPP/C) for utilising violent, questionable and anti-national means to grab at an elections victory which it “did not earn”.

In a scathing response to a release from the Opposition which accused the coalition of working “to peddle misinformation and advance the false narrative of its victory”, the APNU+AFC put forward that the PPP/C is trying to pin its own misdoings on the government.

The party said, on Thursday, that even while the elections were deemed free, fair and transparent by the Guyana Elections Commission (GECOM), before the voting had concluded, it was the PPP/C — under the guidance of international company, Mercury — which declared that it had won the elections.

“The PPP/C has used its hired hack, Mercury, to spew a chronology of false narrative within Guyanese society and the international community to hurt Guyanese people and diminish our patrimony. They have called on our international partners to impose hurtful sanctions on the Guyanese people. This presumably would be punishment for the people having rejected them at the polls. We find this narrative grossly anti-national and against the spirit of the Guyanese tradition,” the released.

The APNU+AFC said that forming its plot to overthrow the electoral process, the PPP/C disrupted the tabulation for Region Four, thereby preventing GECOM from declaring the results which shows a victory for the President David Granger-led Administration.

It also rejected the claim that the coalition has launched a whispering campaign “to steal political power” noting that from the beginning of the elections the APNU+AFC has been appealing to the Guyanese public to remain calm and patient and allow GECOM to complete its obligation. “It is our fundamental belief that the people’s vote must be counted by the appropriate authority and the constitutionally permitted mechanism; and for this reason, we have maintained that GECOM must conclude its legal and constitutional mandate and declare the winner based on its SOPs,” the party stated.

“In fact, we have said consistently that the SOPs fabricated by the PPP/C must be rejected because they are bogus. How can the PPP/C produce a tally of votes based on its SOPs on February 29, 2019 for a March 2, 2020 general election and expect to be taken seriously? What could be more fraudulent than that?” It called out the Opposition on its frivolous court injunction as an obstruction tactic, the assault of school children during its violent protests and other inconveniences caused.

The APNU+AFC stated that these actions represent “a last gasp by the PPP/C to thwart the election process” and should be shunned.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle-epaper_04_03_2020

TODAY, two of the region’s leading legal luminaries would engage in a legal battle of words in the Court of Appeal on whether the Full Court erred when it ruled that the Court has no jurisdiction to review the actions of the Guyana Elections Commission (GECOM) outside of an Elections Petition.

Grenadian Queen Counsel, Dr Francis Alexis, who is leading a battery of lawyers on behalf of Ulita Moore – the appellant, is likely to maintain the position that the Court can review the actions of GECOM in light of allegations that it may have acted outside of its constitutional powers when it opted to facilitate a National Recount under the supervision of a high-level team from the Caribbean Community (CARICOM) based on an agreement brokered by President David Granger and Leader of the Opposition, Bharrat Jagdeo.

Trinidad’s Senior Counsel, Douglas Mendes, who is leading another team of lawyers on behalf of Jagdeo – the seventh named respondent, is likely to argue that Section 140 (1) of the Representation of the People Act ousts the jurisdiction of the Court to hear Moore’s Fixed Date Application (FDA). He is maintaining that any challenge to decisions made by GECOM ought to be brought by way of an Elections Petition. Both Dr. Alexis and Senior Counsel Mendes will present their arguments via Skype.

Moore, a private citizen, wants the High Court to block the Elections Commission from facilitating a National Recount of all the votes cast at the March 2 General and Regional Elections, and to have a President of Guyana declared. But, the Full Court, in overturning an earlier decision by Justice Franklin Holder, ruled, on Tuesday, that any challenge to decisions made by the Elections Commission could only be done by way of an Elections Petition, and not Judicial Review, as outlined in the Constitution and Electoral Laws. Within hours of that ruling, Moore filed Notice of Appeal, inclusive of a request for leave to challenge the decision of the Full Court, which had comprised Chief Justice (ag) Roxane George-Wiltshire and Justice Nareshwar Harnanan.

When the case – Ulita Moore v the Guyana Elections Commission and others – was called in the Court of Appeal on Thursday before Justices of Appeal, Dawn Gregory and Rishi Persaud and High Court Judge Brassington Reynolds, it was agreed that Mendes and his team would file their response by 17:00hrs on Thursday, while Dr. Alexis and his team would file their reply by 6:00hrs on Friday.

The oral arguments would then commence at 10:00hrs on Friday in the Court of Appeal. Justice Gregory said the Appellate Court will hand down its ruling shortly after, but did not specify a date or time.

Dr. Alexis is presenting Moore’ case in association with Senior Counsel Roysdale Forde, Attorney-at-Law Mayo Robertson, and Attorneys-at-Law John Jeremie S.C., and Keith Scotland out of Trinidad and Tobago. Senior Counsel Mendes is appearing in association with Attorneys-at-Law Anil Nandlall and Davindra Kissoon while the Chairman of GECOM, Justice (Ret’d) Claudette Singh is being represented by Attorneys-at-Law, Kim Kyte-Thomas. Senior Counsel Neil Boston is representing the Chief Elections Officer while Attorney-at-Law, Timothy Jonas, appeared on behalf of A New and United Guyana (ANUG), the Liberty and Justice Party (LJP) and The New Movement (TNM) – all added respondents in the matter.

In her application, Moore told the Appellate Court that the Full Court erred in law when it ruled that the High Court did not have jurisdiction to hear or consider the FDA. Outside the Court, Forde said the battery of lawyers representing Moore will reiterate her position. “Our position is that the ruling of the Full Court…was wrong in law, and we expect the Court of Appeal to set aside the decision of the Full Court,” the Senior Counsel told reporters.
Importantly, Forde said it is his expectation that the Elections Commission would await a ruling from the Appellate Court before making any decision.

“We expect that the Chairman of the Guyana Elections Commission would honour what she always says, that she will await the hearing of the process,” Forde said as he shut down suggestions by Nandlall that there is nothing stopping GECOM from proceeding with a national recount in light of the injunctions by Justice Franklin being lifted by the Full Court.
Forde drew attention to the fact that after the ruling of Justice Holder, Jagdeo, through his attorneys, filed an appeal to the Full Court. “It is amazing that after the ruling of Justice Holder, the other side felt it proper to file an appeal to the Full Court, but the court system recognises further appeals. So why is it only when they obtain a victory at the Full Court that the statement made by the Chairman of Elections Commission that she would wait for the outcome of the court proceedings, how that suddenly comes to an end. And that is the problem that we have been having throughout this process, whether from time to time, people are making selective statements,” Forde reasoned.

The Senior Counsel further pointed to the fact that once the Region Four Returning Officer Clairmont Mingo had made his declarations – the last of 10 – the Chief Elections Officer Keith Lowenfield compiled his report with the results and submitted it to the Chairman of GECOM for deliberation at the level of the Elections Commission.

“GECOM was free to go ahead, even to present the report presented to them by Mr. Lowenfield. That report has been presented to the Chairman of the Elections Commission since the 14TH March; she was free to present that report since then,” he said as he brushed aside the issue of a recount. “Why a report can’t be presented to the Elections Commission,” he further questioned.

But Nandlall, in a separate interview, said he expects the Elections Commission to proceed with its work.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle-epaper_04_03_2020

…as high-level team arrives to supervise exercise
–CARICOM Chair urges credible, transparent process

AHEAD of the arrival of the high-level Caribbean Community (CARICOM) on Friday, CARICOM Chairman and Prime Minister of Barbados, Mia Mottley said the National Recount of the March 2020 Elections must be credible and transparent; that nothing else will suffice.

“The Community calls on all concerned to ensure a credible and transparent recount process in order to provide legitimacy to any government which would be sworn in as a result,” Prime Minister Mottley said in a statement, hours before the delegation landed at the Eugene F. Correia International Airport at Ogle in a chartered Trans Guyana Airways plane.

Now that the high-level mission is in Guyana, the CARICOM Chair said the process must be completed without further delay. With the team’s arrival, it is expected that the Guyana Elections Commission (GECOM) will move to gazette an order for the recount to be initiated.

The three-member delegation, comprising Senior Lecturer at the University of the West Indies Cynthia Barrow-Giles; Commissioner of the Antigua and Barbuda Electoral Commission John Jarvis; and Supervisor of St Vincent Electoral Commission Sylvester King, will scrutinise the electoral process.

Barrow-Giles was a member of the high-level team which came to Guyana in March to participate in a scheduled recount, which had to be aborted after GECOM encountered a number of legal challenges. Prime Minister Mottley noted that the other members of the initial team were unavailable for the present mission. However, both Jarvis and King formed part of CARICOM’s Electoral Observer Mission that observed the March 2 Elections.

The three-member delegation arrived at the Eugene F. Correia International Airport at around 15:00hrs, and was welcomed by the CARICOM Secretariat’s Assistant Secretary-General for Foreign and Community Relations, Ambassador Colin Granderson. Health officials and other CARICOM representatives were also present at the time of the delegation’s arrival. CARICOM, in announcing the team’s arrival, expressed thanks to the Government of Canada for the generous support it has provided the initiative.

ONE MONTH ON
This high-level delegation arrives in Guyana more than one month after the initial group was left with no other choice but to withdraw from the process after their involvement as “supervisors” was deemed unconstitutional.

The high-level team had arrived in Guyana on March 15 to supervise a planned national recount, which had stemmed from an agreement between President David Granger and Opposition Leader Bharrat Jagdeo, but by March 17, they withdrew after a private citizen, Ulita Moore, secured four injunctions from the High Court to block the recount, on the grounds that it was unconstitutional.

Added to that, though President Granger and the Opposition Leader had signed an Aide Memoire agreeing to the recount, CARICOM had requested a legal cover, in the form of a gazzetted order. However, Guyana’s Chief Parliamentary Counsel, Charles Fung-a-Fat advised against it. According to him, to do so would be to supersede electoral laws, and infringe on the rights of electors.

However, on April 3, GECOM took a decision to proceed with the National Recount after the Full Court discharged the injunctions, and dismissed the application filed by Moore on the basis that the challenge ought to have been filed by way of an Elections Petition.

The decision to facilitate the recount was taken in accordance with Article 162 (1) (b) of the Constitution of Guyana, which mandates the Commission to “take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of the Constitution.” But while the Court of Appeal ruled out the possibility of CARICOM supervising the recount, the Elections Commission thought it wise to have CARICOM integrally involved in the process so as to lend it credence.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_02_05_2020_d288f666a15012

…but workers urged to continue the fight for their rights

Wendella Davidson
LABOUR DAY in Guyana, and for some other countries, is traditionally celebrated, in May, yearly.

The commemorative event has its genesis in the struggle of workers in Chicago, in the United States, for improved working conditions, when, on May 4, 1886, a number of those workers were shot and killed, while exercising their right to demand just reward for their labour.

Here, in Guyana, workers who are represented by various unions look forward to the day when they wear red and white, colours that symbolise the struggle of the workers (before them) who fought valiantly to gain the rights and freedom for which they march. To usher in Labour Week, there is usually a wreath-laying ceremony organised by the umbrella body, the Guyana Trades Union Congress (GTUC), to which the various unions are affiliated, at the bust of the late Hubert Nathaniel Critchlow, known as the father of trade unionism. The bust is sited in the compound of Parliament Buildings, Brickdam.

It was Critchlow who formed the first labour union in Guyana -the British Guiana Labour Union (BGLU)- in 1917, when he mobilised workers from the waterfront. Ever since the formation of the BGLU, members have become a significant segment of the Guyanese working class, and, subsequently grew in numbers and are a force with which to reckon.
Among some of the trade unions in Guyana are the Guyana Public Service Union (GPSU); Guyana Agricultural and General Workers Union (GAWU), Guyana’s largest labour union; Guyana Postal and Telecommunications Workers’ Union; Guyana Bauxite and General Workers’ Union; Guyana Teachers’ Union and the Guyana Workers Union (GWU) and the Clerical and Commercial Workers’ Union (CCWU).

Labour Day 2020, however, will be recorded, in Guyana’s history books, as the year when the pomp and ceremony normally associated with the day was absent. Apart from a scaled-down wreath-laying that was held, there was no procession of workers marching under the respective banners of their unions.

President of the GTUC, Correta McDonald, during an interview with Gordon Moseley Friday morning, urged persons to honk the horns of their vehicles at 10:00hrs, in celebration and solidarity with the nation’s workforce and their continued struggle.
The cancellation is as a result of the deadly COVID-19 pandemic that has been creating havoc worldwide, claiming over a million lives and the need to adhere to guidelines placed by the Ministry of Public Health (MoPH) and to a wider extent, the World Health Organisation (WHO).

Over the years, Parade Ground on Middle Street was the known assembly and starting point for the Labour Day procession, with members of unions starting to congregate from as early as 06:00 hrs. By 08:00hrs, the scheduled move off time for the procession, the area would be a sea of red, white and black with thousands of workers, marching under their respective banners. While some braved the sporadic downpour of rain which is said to be a norm, others used umbrellas. The sun was known to come out in its blistering glory, before the entire activity ended.

During the march, many workers would display placards depicting messages, some witty, in an effort to air matters of concern to the working class. The messages that ranged from calls for a better living wage for employees, increase in the income tax threshold and even advice as it related to dealing with criminal activities, were a way of communicating with the relevant authorities.

In years gone by, a prominent figure, at the Parade Ground before the parade got underway, was the late Kenneth Denny, then the Organising Secretary of the GTUC. He is remembered for doing quite an admirable job.

Had the parade been held yesterday, it would have been interesting to see what the messages would have depicted, taking into consideration the ongoing issues in relation to the 2020 General and regional Elections and the coronavirus epidemic.
Previously, as the procession wended its way through several city streets, enroute to the National Park, the marchers could be seen gyrating and prancing to popular music provided by huge boom, boom boxes that were mounted on trucks and trailers. It was also customary to see many members of the public, some with children in tow, at various street corners, hoping to catch a glimpse of the “colourful’ parade.

And, as the procession neared the National Park, it was customary for the music to change to that of the unions’ theme song `Solidarity Forever’ or patriotic songs. Once inside the park and seated, the unions’ theme song was again sung by all in attendance and workers were addressed by the top brass of the GTUC and other union leaders.
Following the rally, workers would then leave for their respective union headquarters to be entertained with music, food and drink until late in the afternoon.

In 1988, there was a split when seven unions, among them GAWU and the National Association of Agricultural, Commercial and Industrial Employees (NAACIE), distanced themselves from the TUC. They formed the Federation of Independent Trade Unions of Guyana (FITUG) and operated independently from the TUC.

The seven unions continued to participate in Labour Day marches but held separate rallies. GTUC held their rally in the Critchlow Labour College (CLC) Woolford Avenue compound, while the FITUG had theirs at the National Insurance Service (NIS) Sports Ground, Carifesta Avenue.

And, despite mediation efforts by distinguished Caribbean union leaders, Sir Roy Trotman who was the General Secretary of the Barbados Workers’ Union (BWU) and Guyanese George Depeana, a former General Secretary of the CCWU and former General Secretary of the Caribbean Congress of Labour, there was no reprieve.

However, in 2016, after over 25 years, the unions again held a joint rally, much to the appreciation of their membership. In addition to Denny, who was mentioned earlier, other union stalwarts who had etched their names on the trade union arena, during the early era, and before departing this life, were George Daniels of the GPSU, Gordon Todd of the CCWU, and Komal Chand of the GAWU.
Chand passed away this year, after a period of illness.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_02_05_2020_d288f666a15012