GEORGETOWN, Guyana, CMC – The Court of Appeal Wednesday reserved its ruling in the elections petition appeal case after hearing Senior Counsel Roysdale Forde argue that the Guyana Parliament is the only institution vested with the power by the Constitution to modify the country’s, Electoral Laws.
In 2020, the Guyana Elections Commission (GECOM) brought Order 60 into effect to facilitate a national recount of the votes cast at the March 2 Elections. In doing so, the Commission relied on the Election Laws (Amendment) Act.
But Forde, who was arguing against the Recount Order that led to an outcome of the last elections, told the Appeal Court that Section 22 of the Act conflicts with the Constitution and is therefore unconstitutional.
“We submit that the conferral of such power on GECOM, the power to issue orders to modify Electoral Laws, where in the opinion of GECOM there is a difficulty in the application of electoral laws constitute an abdication of part or portion of the constitutional authority conferred on the Parliament of Guyana by the Constitution to pass laws by Articles 65 and 170 in respect of the Electoral System,” he said.
On April 26, 2021, the acting Chief Justice, Roxane George, dismissed the petition that Claudette Thorne and Heston Bostwick had filed, ruling that nothing was unconstitutional about Section 22 of the Election Laws (Amendment) Act and or Order 60.
Chancellor of the Judiciary Yonnette Cummings-Edwards and Justices of Appeal Dawn Gregory and Rishi Persaud is hearing the appeal case.
Forde told the court that it is the function and responsibility of the Parliament to formulate legislative policy and not GECOM.
He argued that Section 22 constitutes the unconstitutional divestment of a plenary legislative power vested in Parliament. The conferral of the whole legislative power on the Elections Commission is unconstitutional.
“It is our submission that Article 160 (3) (a) (4) of the Constitution provides that Parliament by our Constitution is conferred with the authority and an exclusive authority to enact legislation if it so desires to determine how the election shall be held.”
Forde argued that Article 160 (3) (a) (4) is not an ordinary plenary legislative power but a constitutional one. He told the Court that Section 22 encroaches upon the Constitution.
He also told the Court that Section 22 and Order 60, by their amplitude of power, contradicted the doctrine of the Separation of Powers inherent in the Constitution.
Based on the results of that recount, President Irfaan Ali was declared the winner of the controversial March 2020 regional and general elections and elected to Office.
Trinidad-based Senior Counsel Douglas Mendes, who is representing Vice President Bharrat Jagdeo and Attorney General, Anil Nandlall, had, in earlier submissions, urged the Appeal Court to dismiss the appeal.
The coalition opposition, A Partnership for National Unity (APNU), which lost the election, is seeking to nullify the entire polls because the recount was illegal.
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