CONSIDERING the existing restrictions in place to guard against the spread of the Novel Coronavirus (COVID-19), the Guyana Elections Commission (GECOM) will have to approach government to discuss the facilitation of a possible recount of the ballots from the March 2, General and Regional Election.

The Court of Appeal today will hand down its ruling on whether the court has jurisdiction to hear an application challenging GECOM’s decision to facilitate a national recount against the background that, declarations have already been made in all 10 electoral districts. Though GECOM on Friday voted to conduct a national recount, it has assured the Appellate Court that the recount will not commence before its ruling.

“I have been instructed that a decision was made to conduct a recount; however, the execution of that decision and the process will not commence before Sunday,” Legal Counsel Kim Kyte-Thomas –- the attorney representing GECOM Chairperson Justice (Ret’d) Claudette Singh–- told the Appellate Court.

Justice of Appeal Dawn Gregory, one of three judges who took the bench on Friday, announced the date for the ruling and sought clarity on GECOM’s decision after the court was approached by Senior Counsel Roysdale Forde for interim orders to stay the decision of GECOM until a final determination is made.

“We do not know if there will be a recount and when…it has nothing to do with the merit of the application for the recount, it has to do with whatever happens [if it is decided],” said Prime Minister Moses Nagamootoo during a virtual press briefing, on Saturday.
Government on Friday had extended its emergency measures to combat the dreaded coronavirus with the implementation of a 12-hour curfew on citizens. These emergency measures are made pursuant to the paragraphs (1) and (2)(b) of the directive by the President, given under the Public Health Ordinance, Cap. 145, and published in the Official Gazette, Legal Supplement B, 16th March 2020, government said in a notice Friday evening.

The measures took effect from the 3rd April, 2020 and will last for one month unless earlier terminated, extended or amended by notice of the Minister of Public Health after an assessment of the prevailing public health conditions.

Prime Minister Nagamootoo, who is Chairman of the National COVID-19 Task Force– the body which compiled and decided on the measures– said GECOM is a constitutional body and they regulate their own procedures, but in light of the COVID-19 pandemic, the elections body will have to approach the executive arm of the state to discuss the facilitation of a recount.

Also on the topic of GECOM and the elections, the prime minister was asked how the restrictions will apply to the Guardians of Democracy, a group of individuals who have been gathering in front of GECOM to “guard” the containers which hold the ballot boxes.
Citing the measures in place, Prime Minister Nagamootoo said there are strict restrictions in place as it pertains to large clusters of people, considering international advice that social distancing is a method of preventing the spread of COVID-19.

He said there are limitations to the number of people that should be in congregated at one place and even so, those persons must practise social distancing and stay a certain distance apart.

Prime Minister Nagamootoo said, considering the restrictions in place, the enforcement agencies such as the Guyana Police Force will have to look at the issue carefully and see how it could be managed without another lawsuit, given that there is already a plethora of legal suits. “We will hear it is their constitutional right to guard…I am prepared to face those challenges for the safety of the people, because it would be worse to die because of the carelessness or recklessness of one group which feels that their rights are more important than the lives of others,” he said.

In this regard, he said the “right” decision has to be made now, rather than later. The measures in place have to be enforced.