…AG urges GECOM to honour its gazetted recount order
–says PPP/C attempt to skip processes should be frowned on

IF the Guyana Elections Commission (GECOM) is to deliver credible elections results to the nation, it must not stray from the binding Order, which outlines the actions it must take prior to making its final declaration.

Attorney General, Basil Williams, made it clear today that though the People’s Progressive Party Civic (PPP/C) has encouraged the disregard of the said Oder throughout the recount process, it is nonetheless incumbent that the commission meets the legal requirements gazetted on May 4, 2020.

The gazetted Order paved the way for the national recount to commence May 6, 2020 and under the watchful eyes of scrutineers drawn from the Caribbean Community (CARICOM). The AG reminded that it was an agreement forged between President David Granger and Leader of the Opposition, Bharrat Jagdeo, that cleared the way for the national recount and that the said agreement — with clear outlines in keeping with the law — led to crafting of the Order.

It was signed by GECOM Chairperson, Justice (Ret’d) Claudette Singh, and made by the Elections Commission, pursuant to its powers under Article 162 of the Constitution and Section 22 of the Elections Laws (Amendment) Act. However, Williams said that it is disappointing that the PPP/C and GECOM Opposition-nominated Commissioners have now chosen to disregard the very Oder they played key roles in crafting.

“The Leader of the Opposition was a signatory to the Caribbean Community initiative. PPP/C aligned Commissioner, Sase Gunraj, boasted that he drafted the Order, which now governs the recount. Gunraj visited the Attorney General’s Chambers with a GECOM delegation to meet with the Chief Parliamentary Counsel on the said Order and delayed the meeting saying he expected Anil Nandlall to attend. Any reasonable person could conclude that all these political actors knew the purpose of the Order that was gazetted by GECOM to pursue the total recount of the votes cast at the March 2, 2020 General and Regional Elections,” the Attorney General stated.

Contrariwise, he said at the PPP/C has sought to undermine the CARICOM initiative in several ways, such as attempting to force the elections process, inclusive of the recount process, into an April 30, 2020 deadline.

The AG noted that this was done to coincide with the constitutional requirement of a dissolved Parliament being convened not later than four months after its dissolution which the PPP/C itself has argued in the courts was not mandatory as one could exceed the said limit. Additionally, though previously politicising the position of others that GECOM needed more time to complete the recount than 25 days, PPP/C-nominated commissioners later had no option but to agree to an extension of the timeline by some two weeks.

The AG also pointed out that the opposition claimed that GECOM cannot resolve the discrepancies and anomalies which marred the balloting despite the Order saying they could. He also noted that the opposition claimed that the recount was merely numerical despite the Order stating that both the Chief Elections Officer (CEO) and the commission have to assess the discrepancies revealed in the Observation Report Forms.

On the matter of irregularities highlighted by APNU+AFC Agents during the recount, Williams said that further deception was pursued by the PPP/C when it claimed on countless occasions that GECOM could not consider the death certificates laid over as proof that persons voted in the place of deceased persons.

The party claimed that it was an offence for a member of the public to possess a death certificate of a deceased person. Back in May, the AG debunked this claim by pointing to the Law which states that every Guyanese has the right to access official documents in the possession of public authorities. “All of these abominations, when any lawyer worth his salt would know that, as a constitutional commission, the decision-making processes of GECOM would be of a quasi-judicial nature,” he told the newspaper on Tuesday.

Furthermore, he explained that Order No. 60 of 2020, made under Article 162 (1) (b) of the Constitution and Section 22 of the Election Laws (Amendment) Act No. 15 of 2000, is subsidiary legislation having being published in the Official Gazette and therefore a law of the land binding on GECOM and all political parties who contested the said GRE.

He reminded that though the PPP/C has “publicly and prematurely” celebrated victory that they have won the elections, they are well aware that the recount process is takes up four stages: recount of ballots; the report of the recount; the review of the report by GECOM and the declaration of the results. The AG stated: “[The PPP/C is also] unconcerned that the CARICOM Scrutinising Team has to submit their report directly to the commission at stage three under paragraph 13. They also set their faces against the credibility assessment that is required to be done by the CEO, the chairwoman and the commission, that can impact the efficacy of the ballot recount. It is incumbent on GECOM to stay the course and be true to its Order and not be encouraged to turn its back on its own Order.”