Dear Editor,
THIS letter represents a reasonable observation from the diaspora in North America who have been following the recount process in Guyana. First, let me say that never have so many hundreds of thousands of Guyanese at home and in the diaspora read about our country’s constitution so much. It has been a welcomed and informative exercise for us all.
Allow me to present the following observations of the initial March 2nd count, the recount process, the recount gazetted order, the powers of GECOM and articles of the constitution, including special attention to Article 177.

Observation. – All Articles of the constitution are written for full compliance of the law and not for partial compliance. Article 177 was written to describe votes in an election. Therefore, Article 177 was present throughout the initial count on March 2nd and, also present during the recount. Article 177 uses a phrase of “more votes cast.” This means that every time the ballots are counted or recounted, the counters are expected to separate the spoilt and non-credible votes from the valid and credible votes. Everyone agrees with this interpretation.

The first count of March 2nd was governed by Article 177 which caused the counters at the various polling stations to separate the invalid, spoilt and non-credible votes from the total votes. That was easy to do, because Article 177 guided the way. Now let us look at the recount and how different parties started to give different meaning to Article 177.

The recount process was commenced by way of a signed agreement between the two main parties. The agreement was made into a GECOM Order and it was gazetted for all to see the rules stipulating how the recount will be done. So far everything seems straightforward.

So, at the start of the recount we have Article 177 again guiding the counters to separate invalid, spoilt and non-credible votes from the total votes. And then to give clarity and more definition to Article 177, we also have the GECOM recount Order which spells out itemised rules of what will constitute a credible ballot. These itemised rules stated that the recount counters will be looking for the same set of invalid, spoilt and non-credible votes as the counters did in the original March 2nd count AND in addition, the recount counters will also be opening the ballot boxes envelopes containing statutory documents such as poll books, lists of electors, stubs of the ballots, oaths of identities and all other materials that are lawfully expected to be found in the envelopes. That was great. Everybody agreed and signed on to that. Then the recount started.

We in the diaspora watched as did all of Guyanese at home. Everyone who read the recount gazette order understood that the recount order in conjunction with Article 177 had now widened the scope of the definition of what the recount counters could rely on to determine what would constitute invalid, spoilt and non-credible votes.

Therefore, we all expected to hear that if the recount counters encountered any bizarre situation of missing poll books, missing list of electors, impersonations, more ballots in a box than is listed on the list of electors, etc, then it was expected that the recount counters had the legal coverage of Article 177 AND the definitions from the rules of engagement of the recount order to determine that the search for invalid, spoilt and non-credible votes were now to be expanded. That is what the majority of diasporans believe in when they read the Article 177 and the recount order gazetted by GECOM.

However, we are cognisant that we are witnessing an election that shall put a government in power at the commencement of an oil and gas industry and that the facts are now being spun and reality is twisting in the winds as the politicians race for control. So, while a hurricane and an earthquake created by humans brew to drown out the actual laws of the country, in the end the laws of Guyana will reign supreme and bring reason to chaos.
Finally, we have a statement and a suggestion for our family and friends in Guyana. We in

the diaspora live in societies where political activities and elections are conducted with respect and total adherence for the laws of Canada, the USA and the UK. We wish the same for Guyana. We are in pain when we know that every five years, our friends and families are thrown into emotional and mental turmoil as political parties descend on each other and emotionally bash society into hurt, distrust, sadness and anger. The society emerges badly bruised, but only to see the emotional roller coaster of carnage continue in their lives every five years as sure as they can flip through a calendar. It is time to hold the politicians of all parties accountable to give you peace and harmony.

Regarding the recount order, rules of engagement and Article 177 it would appear that the coalition is the winner of the majority of credible votes, if the above description is applied to the letter of the law of Article 177 and the letter of the recount agreement signed by both parties and the recount order that GECOM gazetted. This is the inescapable fact; everyone knew what they were signing before the recount started.

My suggestion is that the Court of Appeal should accept the AGs submissions and:- (i) cancel the elections; (ii) order fresh elections and (iii) new house-to-house registration.
Regards
Alan Zaakir
Guyanese-Canadian