GEORGETOWN, Guyana, CMC – Acting Chief Justice, Navindra Singh, Monday said he would seek to provide a ruling later this week in a case in which the Forward Guyana Movement (FGM) is challenging what it describes as the unlawful exclusion of duly approved political parties from ballots in several regions ahead of the September 1 general and regional elections.
The High Court has rescheduled the matter to Tuesday after the lawyer for the applicant requested additional time to review the defence’s submission, which was received on Sunday evening. Monday’s court proceedings were attended by representatives of the European Union, the Organization of American States (OAS), and the Carter Center, who are monitoring next week’s elections.
The application is filed in the name of Krystal Hadassah Fisher against the Guyana Elections Commission (GECOM).
Attorney General Anil Nandlall successfully argued that since the applicant is seeking constitutional relief against the State, the Office of the Attorney General must be named a party.
Nandlall later told reporters that he declined to file an affidavit of defence and will rely on GECOM’s submissions, adding that the case is purely a matter of law and interpretation.
“It’s not a question of evidence,” he said, but a question of persuading the court of GECOM’s understanding of the Constitution and the Representation of the People Act (ROPA).
“We have a PR (proportional representation)system, in which you vote for a list of candidates, and you are afforded one vote per list, and that list of candidates must contest elections in the areas where the election is being contested.
“In Guyana’s case, there are ten geographic constituencies in which the election is being contested and you have to field a list on each of those geographic constituency, there is a minimum number of geographic constituencies that you are required to contest the election in to qualify to contest the elections…more fundamentally, the list that you are supporting must be contesting the election in the geographic constituency in which you are located or else you will not be able to cast your ballot for that list,” Nandlall told reporters.
According to the affidavit, both FGM and the Assembly of Liberty and Prosperity (ALP) party were approved by GECOM to contest the general elections. However, FGM’s name was not found on the ballots in Regions Seven, Eight, and Nine, nor ALP in Regions One and Two.
Fisher, a resident of Region Nine, claims that the exclusion of the parties from the ballot in that district violates citizens’ constitutional right to vote.
Her attorney, Dr. Vivian Williams, is asking the High Court to declare elections held without the full inclusion of qualified parties null and void, restrain GECOM from excluding any duly approved national list, and order the immediate inclusion of FGM candidates in the affected regions.
Williams later told reporters, “Where in the Constitution and where in the Representation of the People Act does it say that if a party does not contest a geographic constituency, it shall not appear on the ballots of that region?”
For its part, the FGM in a statement said, “the issue is not a mere technicality. It is about fairness, dignity, and ensuring every Guyanese—whether on the coast or in the hinterland—has an equal chance to participate in shaping the country’s future”.
But Nandlall had previously indicated that no right is absolute.
“While you have a right to vote, it’s not an absolute right to vote. Every right has qualifications and restrictions. Therefore, you have the right to vote, but you must be registered. You have a right to vote for a political party of your choice, of course, but that party must be contesting the elections,” he said then.
Justice Singh has committed to a swift ruling, which is likely to be issued by the end of this week.
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