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That law says βEveryone shall be entitled, on payment of the fees prescribed by the Minister by order, to search the indices between the hours of ten oβ clock in the morning and four oβclock in the afternoon of every day except on public holidays and Saturdays, and to have extracted therefrom a sealed certificate of birth in Form 4 or a sealed certificate of death in Form 5, as the case may be.β
But according to former Attorney General, Anil Nandlall, for the Coalition to have possession of βcountlessβ death certificates would be in direct conflict with the law.
Nandlall cited Section 33 (3) of the Access to Information Act 2011 of Guyana, which states that, βA document referred to in subsection (1) shall not be released without the notarized consent of the person who is the subject of the information in the document. Pursuant to subsection (6), in the case of a deceased person, only his next of kin can give consent to access.β
When the provision under the Registration of Births and Deaths Act allowing public access to the death certificates was pointed out to Nandlall, he argued that βimplied repealβ would overrule such.
Implied repeal is a concept in constitutional theory which states that where an Act of Parliament conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act become legally inoperable.
βIf there are two acts that are inconsistent, the one that was passed subsequently or later in time is said to have overruled the other one,β Nandlall told Kaieteur News. Additionally, he noted that he would be advising the family on how to proceed legally on the matter.
Every law in the backwater country is contradictory.
PNC using births and deaths now to rig election. That one is straight out of Burnham playbook.
@Bibi Haniffa posted:PNC using births and deaths now to rig election. That one is straight out of Burnham playbook.
There are lots of irregularity revealing in this election recount , perhaps it was the same in past elections.
GECOM need to fix this in future elections.
@Django posted:When the provision under the Registration of Births and Deaths Act allowing public access to the death certificates was pointed out to Nandlall, he argued that βimplied repealβ would overrule such.
Implied repeal is a concept in constitutional theory which states that where an Act of Parliament conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act become legally inoperable.
βIf there are two acts that are inconsistent, the one that was passed subsequently or later in time is said to have overruled the other one,β Nandlall told Kaieteur News. Additionally, he noted that he would be advising the family on how to proceed legally on the matter.Every law in the backwater country is contradictory.
In such situations, the laws must be revised so that the updated versions supersede the latter.
In the process the parts in the earlier acts must be deleted so that there is indeed clarity with no confusion on the new laws.
Generally, many of the laws of Guyana indeed need updating.
The bottom line is still PNC clumsy fraud. Why would they go out and buy thousands of unnecessary death certificates?
Bibi, some people nah gat SHAME! Thay baan wid dat Bardaan!!
@Abu Jihad posted:The bottom line is still PNC clumsy fraud. Why would they go out and buy thousands of unnecessary death certificates?
The focus is on MIngo ,well there are many irregularities that need to be addressed ,focus should be there too.Can you imagine voters list for one polling station was at another polling station.
@Django posted:Can you imagine voters list for one polling station was at another polling station.
Perhaps, a reflection of the "careful approach" by/of GECOM staff.
I asked a lawyer about what Nandlall calls "implied repeal". It isn't as straightforward as he makes it sound. He has a habit of doing this but he knows his audience well. Uncle Babu fram tapside tell antie Dularie from backstreet Nandlall sey so an story spread...people put am pan FB and it becomes gospel. How gullible can people be?
@Django posted:The focus is on MIngo ,well there are many irregularities that need to be addressed ,focus should be there too.Can you imagine voters list for one polling station was at another polling station.
There is a focus there, but as you can see Mingo fraud is clear while the PNC is just blowing hot air with dead people voting.
Guyana has many things that the PPP and PNC neglected but dead people voting is not one.
@Abu Jihad posted:There is a focus there, but as you can see Mingo fraud is clear while the PNC is just blowing hot air with dead people voting.
Guyana has many things that the PPP and PNC neglected but dead people voting is not one.
Believe what you see fit.
Jim Jones missed some of these FOOLS. If they were within 10 miles of Jim Jones they would have been members of his Church!!!
There is nothing wrong with the laws of Guyana only the implementation of it. It is a matter of interpretation.
Why should there be a PPP Lawyer or a PNC Lawyer? Why not interpret the laws as it should?