Update: CCJ issues interim order against GECOM declaring election results

Posted by: Denis Chabrol in Courts, Elections, News June 23, 2020, Source - Demerara Waves - http://demerarawaves.com/2020/...ng-election-results/

The Caribbean Court of Justice (CCJ) late Tuesday night ordered the Guyana Elections Commission (GECOM) not to  issue any results of the March 2, 2020 general and regional elections until the regional court hears and determines an appeal by the People’s Progressive Party (PPP).

“The Guyana Elections Commission and its officers and agents take no step to prejudice the fair hearing of this Application including but not limited to issuing a declaration of the results of the elections held on 2nd March 2020, until this Court issues final orders following the hearing and determination of the questions raised before this Honourable Court in the said Application,” the court said.

The applicants in the appeal are the PPP’s Representative of the List and the PPP’s presidential candidate, Dr. Irfaan Ali,

The CCJ issued the temporary order after reviewing Section 8 of the Caribbean Court of Justice Act, Cap 3:07 of the Laws of Guyana which provides for appeals to this Court with the special leave of this Court from decisions of the Court of Appeal and considering the overriding objective of this Court, including the inherent power of this Court to actively manage cases and make such orders as may be necessary to meet the ends of justice as stated in Rule 1.3(2) of the Caribbean Court of Justice (Appellate Jurisdiction) Rules, 2019

The CCJ said a Case Management Conference be held on Thursday 25th June 2020 at 3:00 pm via video conference  with a view to a proposed hearing, to determine issues raised in the Application, on the 1st day of July 2020 at 10:00 am via video conference.

This move by the CCJ effectively blocks GECOM from using Chief Elections Officer Keith Lowenfield’s report that he presented Commission Chairman, Claudette Singh Tuesday afternoon.

The Commission has not yet met to consider that report which the PPP describes as “fraudulent” and puts the APNU+AFC in a one-seat majority.

The Guyana Court of Appeal ruled by a majority of 2-1 that “more votes cast” means “more valid votes cast” and that this should be read together with the gazetted recount order and its amended order that both refer to the determination of  “credible” elections by considering the reconciliation of votes with voters’ lists, counterfoils and stubs as well as the presence of other statutory documents.

The Chief Elections Officer’s report gives a one-seat majority to A Partnership for National Unity+Alliance For Change (APNU+AFC) and the three joinder parties one seat with the remainder going to the People’s Progressive Party (PPP).

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GUYANA ACT No. 16 of 2004

CARIBBEAN COURT OF JUSTICE ACT 2004

Source - http://parliament.gov.gy/docum...t_no._16_of_2004.pdf

Appeal with Leave

7   An appeal shall lie to the Court, with the leave of the Court of Appeal, from a decision of the Court of Appeal -

   (a) any civil proceedings where, in the opinion of the Court of Appeal, the question is one that by reason of its great general or public importance or otherwise, ought to be submitted to the Court; and

   (b) in such other manner as may be prescribed by any law.

Appeal with Special Leave

8  Subject to section 7, an appeal shall lie to the Court with the special leave of the Court from any decision of the Court or Appeal from any civil or criminal matter.