“The Clock is Ticking”

– Bar Association tells GECOM only 13 days left for recount
– next parliament must commence on April 30, Constitution says

THE Bar Association of Guyana has cautioned the Guyana Elections Commission (GECOM) that, according to the Constitution, it has only 13 days before it must complete the pending national recount before the next Parliament session should be held.

The Association reached out by way of a release on Thursday to hit home that “time is of the essence” and failure to adhere to the Constitution can have far- reaching consequences.

“Article 69 of the Constitution of Guyana mandates that, on dissolution, the next session of Parliament must commence no later than four (4) months from the end of the preceding session. The last session of Parliament was dissolved on December 30, 2019. The next session of Parliament must therefore begin no later than April 30, 2020,” the Association stated.

“It is in pursuance thereto, that the Bar Council of the Bar Association of Guyana calls on the Guyana Elections Commission, inclusive of its Secretariat, to do all acts and things necessary, in the shortest possible time, to ensure the accurate, credible and transparent declaration of the results of the General and Regional Elections held on March 2, 2020, so that the next session of Parliament can commence, as constitutionally prescribed, that is, no later than April 30, 2020.”

It noted that, prior to the dissolution of Parliament, on December 30, 2019, the National Assembly (which comprises Parliament) last sat on May 23, 2019 —- almost 11 months ago. It said that soon one year would have elapsed since the last sitting of Parliament, a record which no country would want to be known for.

The Association restrained from commending the Commission on its recent efforts, describing the recent approach of the Commission and its Secretariat to the recount as “laissez faire”.

It noted that the High Court and Court of Appeal had gone above and beyond to swiftly facilitate the related court proceedings, even working on weekends, but even now, the GECOM continues to “grapple with mundane decisions”.

It urged the Commission to immediately act in a manner exhibiting transparency, impartiality and fairness as failure to do so will not bode well for the country.

“Timelines laid down by the constitution are not merely matters of principle which one can simply choose to abide by or ignore. The failure to abide by the constitution has far-reaching consequences, both nationally and internationally, inter alia for good governance and the rule of law,” the Association cautioned.

“Guyana is a parliamentary democracy based on the rule of law. The absence of parliamentary oversight of those who purport to exercise executive powers, whether de facto or de jure, is of grave concern as it places the rule of law under siege. The absence of a declared election result some six weeks after the General and Regional Elections, in addition to being outside of the statutory prescribed period, is disgraceful and inexcusable.”

As of Thursday, the news coming out of the Commission was that GECOM Chair, Justice (rt’d) Claudette Singh, will decide on a timeframe of the national recount today.

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