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Granger proposes vote recount operate within legal framework of constitution, respect for GECOM

-in conversation with Mottley

David Granger
David Granger

In an address to the nation today, President David Granger says he has proposed to CARICOM Chair, Prime Minister of Barbados Mia Mottley that the initiative for the recount of the March 2 votes operate within the legal framework of the constitution and respect the role of GECOM and the rulings of the Supreme Court.

 

He said he also urged that GECOM be allowed to craft the terms of reference governing the relationship between it and the CARICOM Initiative.

Granger further said that the organizational structure for the recount should be determined by GECOM.

The text of the President’s address follows:

His Excellency Brigadier David Granger

President of the Cooperative Republic of Guyana

2020.03.15

 

 

Guyanese,

 

The General and Regional Elections of 2nd March 2020 were conducted peacefully and in accordance with the Constitution and laws of Guyana. The events, thereafter, have marred the excellent work of the Elections Commission.

 

The electoral process, as initiated by the Elections Commission, is incomplete. The Elections Commission is the sole authority for making a declaration of the results of the General and Regional Elections.

 

Confusion ensued at the Office of the Returning Officer for District Four in the wee hours of Wednesday, 4th March 2020 as a result of an invasion of the premises by political elements.

 

 

Statements following the events of 4th March by the observer missions also created uncertainty in the minds of the citizenry.

 

The Opposition People’s Progressive Party (PPP), so far approached the Supreme Court on three separate occasions to obstruct the work of the Elections Commission. Those actions coupled with the calls for recount, allowed for the Supreme Court to determine the way forward. This was done.

 

The Chairperson of the Elections Commission, Justice (Ret’d) Claudette Singh, has stated publicly that she will abide by the ruling of the Court. I, too, have said that I will abide by the ruling of the Court.

 

As result of the delays and statements by the observer missions, the Caribbean Community sent a five-member delegation of Prime Ministers to Guyana on a two-day mission on 11-12 March to work with stakeholders to craft a path forward out of the present political situation.

 

 

Prime Minister of Barbados, the Right Honourable Mia Amor Mottley, who is also Chairperson of CARICOM, was accompanied by Prime Ministers Dr. Keith Rowley of Trinidad and Tobago, Roosevelt Skerrit of Dominica, Dr. Keith Mitchell of Grenada and Dr. Ralph Gonsalves of St. Vincent and the Grenadines.

In response to the CARICOM Initiative by the five Prime Ministers, I agreed that a ‘total national recount’ could be done to satisfy the questions raised by the observers and the citizenry.

I had a teleconference with Prime Minister Mia Mottley Today, 15th March 2020. I proposed that the CARICOM Initiative should operate within the legal framework of the Constitution of Guyana and respect the role of the Elections Commission and the rulings of the Supreme Court. It will not act independently.

I urged, also, that the Commission be allowed to craft the Terms of Reference governing the relationship between the CARICOM Initiative and the Elections Commission.

The Organisational Structure which should embody supervisory and technical elements should be determined by the Elections Commission.

The Government of Guyana looks forward to a ‘total national recount’ being completed as soon as possible under the auspices of the Elections Commission.

Guyanese, I iterate that I have no role to play in the work of the Elections Commission. I cannot bring the process to an end; the Elections Commission must be allowed to do its work.

I am committed to the rule of law and the Constitution. I respect the integrity and autonomous nature of the Elections Commission. I will abide by the declarations of the Elections Commission as I have abided by the rulings of the Court.

 

I urge you to be patient as we comply with the rulings of the Court and the decisions of the Commission. I advise you to avoid provocation by certain lawless elements who committed acts of violence against innocent school children, nurses and police officers.

Guyanese, as we await the conclusion of the electoral process, we must be reminded of the very difficult public health environment occasioned by the Coronavirus Disease 2019 (COVID-19).

I appeal to the public to remain calm and to implement all the advisories relating to personal hygiene, social distancing and overall infection prevention and control.

Replies sorted oldest to newest

If not the laws of Guyana, whose laws should govern the recount?  Those who think Pres. Granger would substitute Chaterjee's or anybody else's rules for the recount have another think coming.  

T

 No one can ever trust a GECOM that has self destructed. These include the GECOM Chair, Chief Elections Officer and all GECOM staff. Granger is getting CARICOM to complete his dirty fraud, while he himself will be micro-managing the recount operations. Who would trust CARICOM-not me. They are opportunistic and slimy.

FM

The RACIST Pig David Hinds says calling one side Riggers is not good for reconciliation. This Racist PIG is saying that those who did NOR RIG should also be called Riggers. These Bastards are either retarded or talking to dumb PNC supporters!!

Nehru

‘National recount illegal’

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– Legal luminaries say proposed terms of reference has no legal basis
…assert GECOM’s sole remit to supervise elections

A NATIONAL recount of the votes cast during the March 2 General and Regional Elections under the supervision of the Caribbean Community (CARICOM) would be a complete breach of the Constitution and the Electoral Laws of Guyana, legal luminaries are now arguing. They have pointed to the fact that the Guyana Elections Commission (GECOM) is the sole authority responsible for the supervision of elections here.

“There is no legal basis in the Constitution or Representation of the People Act, Cap. 1:03, to conduct such a recount; to do so will be tantamount to a usurpation of the functions of GECOM to independently supervise these elections, and equally GECOM would be abdicating its responsibilities to conduct elections,” the group of concerned legal luminaries told Guyana Chronicle.
Last Saturday, Chairman of CARICOM and Prime Minister of Barbados, Mia Mottley announced that President David Granger and the Leader of the Opposition, Bharrat Jagdeo have agreed to a national recount under the watch of a high-level CARICOM team but the concerned lawyers said the proposed Terms of Reference (ToR), to govern the process, has no legal basis.

“The proposed Terms of Reference should it be implemented would amount to a blatant breach of the Constitution and the laws of the Co-operative Republic of Guyana. Therefore, the proposal cannot be supported,” they argued.
In justifying their position, the lawyers said after careful deliberation and consideration of the constitutional and statutory provisions governing GECOM and presiding and returning officers, it was found that the Elections Commission is the sole authority responsible for the independent supervision of Elections in Guyana. These provisions, they said, are laid out in Articles 62 and 162 of the Constitution.

The Legal luminaries further pointed to two other provisions in the Constitution that bar CARICOM from supervising the national recount of the votes cast in the 10 Electoral Districts.
1. In accordance with Article 162 (1) (a), the Commission shall exercise general direction and supervision over the administrative conduct of all elections of members of the National Assembly.
2. In accordance with Article 226 (1) and (7), in the exercise of its functions the Elections Commission shall not be subject to the direction or control of any other person or authority.
Aside from the supervisory provisions, the legal luminaries submitted that the Representation of the People Act clearly states that declarations made by the respective Returning Officers are final as no lawful request for a recount was made. In the case of Regions Two, Three and Four, requests for recounts in those districts were all denied. On these grounds, the lawyers iterated that there is no legal basis in the Constitution or Representation of the People Act to conduct such a recount.

Abide by constitution
While President Granger has agreed to a national recount, he made it clear that the proposed initiative must be executed in accordance with the Constitution of Guyana.
“…the CARICOM Initiative should operate within the legal framework of the Constitution of Guyana and respect the role of the Elections Commission and the rulings of the Supreme Court. It will not act independently,” President Granger said on Sunday.
In his communication with the CARICOM Chair, President Granger indicated that the ToR governing the recount process should be crafted by GECOM and not CARICOM but the legal luminaries are maintaining that CARICOM’s role as a supervisory body amounts to a breach of the Constitution and the Electoral Laws.
Nonetheless, in iterating his commitment to the rule of law and the Constitution, President Granger said he respects the integrity and autonomous nature of the Elections Commission, and will abide its declarations and the rulings of the Court. He said in the absence of such declarations, GECOM must be allowed to do its work as it seeks to bring the electoral process to an end.The Head of State was keen on noting, however, that the General and Regional Elections were conducted peacefully and in accordance with the Constitution and Laws of Guyana on March 2, 202 but the events that followed it thereafter marred the excellent work of the Elections Commission.
“Confusion ensued at the Office of the Returning Officer for District Four in the wee hours of Wednesday, 4th March 2020 as a result of an invasion of the premises by political elements. Statements following the events of 4th March by the observer missions also created uncertainty in the minds of the citizenry. The Opposition People’s Progressive Party (PPP), so far approached the Supreme Court on three separate occasions to obstruct the work of the Elections Commission,” President Granger summarized.
He said those actions coupled with the calls for recount, allowed for the Supreme Court to determine the way forward.
K

Who are these legal luminaries? Where were they when Granger was raping the Constitution following the NCM and consequent decision by the ICJ? Question: Did the Constitution contemplate that GECOM itself would be involved in rigging and corruptly, raping and destroying the very provisions that gave it the authority to operate and conduct free and fair elections? These legal luminaries are APNU\AFC legal fraudsters and thugs who have protected and allowed this Party corruption to go unabated.

 

 

 

 

 

 

FM

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