Democracy and the Justice System

DEMOCRACY, and by extension the democratic processes, cannot be held hostage by any individual or institution. It is an integral part of the political aspirations of the electorate, especially when a significant segment of the electorate feel aggrieved or have reason or reasons to believe that the their democratic will was under threat of being overturned.

This is a serious matter and must be taken seriously, especially in the context of our past electoral history when the democratic rights of the Guyanese people were trampled upon with impunity by the then PNC regime.
Guyanese were again given an opportunity to witness first hand the blatant and transparent attempts to derail the democratic process in the March, 2020 elections. With the now widespread use of social media, such unsavoury actions on the part of the political opposition was brought into the living rooms of Guyanese and in the wider international community.

The matter regarding the trial of a number of individuals allegedly involved in electoral fraud in the last general and regional elections has been languishing in the court for an inordinate length of time. The most recent report emanating out of the justice system was that the presiding magistrate is on extended medical leave and as such the matter is now fixed for October 31.

It is worth repeating that the courts have a duty and an obligation to uphold the rule of law and wherever and whenever this is under threat, the matter must be dealt with expeditiously and without delay. As the saying goes, justice delayed is justice denied. Justice must not only be done, but must be seen to be done.

In this regard, one cannot help but be sympathetic to the position taken by Vice-President Dr Bharrat Jagdeo on the issue. According to the Vice-President, a pattern seems to be emerging in which cases against the PPP/C administration and government officials proceed at a much faster pace compared to court cases initiated by government officials.

The current case involving attempts to manipulate the results of the 2020 general andrRegional elections has generated much interest and can be considered high profile. The nation is watching closely.
There is an abundance of evidence, according to Dr Jagdeo, to make the case that attempts were made by the APNU+AFC and ‘rogue’ elements within the Guyana Elections Commission (GECOM) to subvert the democratic will of the Guyanese people in the March 2020 general and regional elections.
It will be recalled that the matter was originally set to resume on September 2024 but was delayed as the presiding magistrate was granted a 30-day medical, thereby pushing the next scheduled hearing to September 17, 2024. That leave was further extended on medical grounds and the matter has now been adjourned to October 31, 2024.

The judiciary is that body that is responsible for the adjudication and dispensation of justice and any perception that it is found wanting in that regard can result in an erosion of confidence in the justice system.
Given the concept of separation of powers and judicial independence, the courts cannot be dictated to on how it should conduct its business. It has an obligation to no individual other than to the Constitution of Guyana.
In this regard, one expects that this high-profile court matter will see no further delays and that justice will be dispensed, sooner rather than later.

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