Court of Appeal by majority decision issues order for interpretation of `more valid votes cast’

In a case brought by Eslyn David, the Guyana Court of Appeal yesterday afternoon agreed by majority decision to issue an order  that  there  be  an  interpretation  of  the words “more votes are cast” in Article 177 (2) (b) of the Constitution of Guyana.

It is unclear what the immediate impact of this will be as the Guyana Elections Commission has concluded a recount that shows the PPP/C as the winner of the election. There is no pathway for GECOM to undertake any other assessment as it was on the verge of the declaration of a result.

President of the Court of Appeal panel, Justice Dawn Gregory and Justice Brassington Reynolds agreed that the order should be issued while Justice Rishi Persaud ruled that David’s application be thrown out in its entirety.

The Court of Appeal has since granted a three-day stay of its decision. It is likely that an application will be made to the Caribbean Court of Justice for this decision to be appealed.

The order for the interpretation of the words “more votes are cast”  – i.e. the validity of the votes cast – was the only one sought by David which was granted by the Court.

The court had been asked to decide on two main points of law—whether it had the jurisdiction to hear the case and whether the order issued by GECOM for the national recount of the votes granted the statutory body the power to decide on the credibility of the elections.

David had sought the following orders from the court:

2020. a)           A  Declaration  that  the  GUYANA ELECTIONS COMMISSION has  failed  to  act  in  accordance  with  the  terms  of  the  Order No.  60  of  2020  and  the  amended  Order  dated  the  29th day of  May,  2020,  in  that  the  GUYANA ELECTIONS COMMISSION  has  failed  to  determine a final credible count and or  the  credibility  of  the result  of  the  General  and  Regional  Elections held on the 2nd day  of  March,  2020,  as  required  to  do  by  Order  No. 60 of  2020  and  the  amended Order dated the 29th day of May, 2020.

1. b)           An  Order  that  there  be  an  interpretation  of  the words “more votes are cast” in Article 177 (2) (b) of the Constitution of Guyana.

2020. c)            An  Order restraining the Chief Elections Officer from complying with the Direction of the Chairman of the Guyana Elections Commission as set out in a Letter dated the 16th day of June, 2020,to submit to the Guyana Elections Commission an Elections Report under Article 177 (2) ( b) of the Constitution of Guyana without the Guyana Elections Commission determining the final credible count and or the credibility of  the General  and  Regional  Elections  held  on the 2nd day of March, 2020, as required by the Order No. 60 of 2020 and the amended Order of the 29th day of March, 2020.

2020. d)           An  Order  restraining the Chief Elections Officer from complying with the Direction of the Chairman of the Guyana Election Commission as set out in a Letter dated the 16th  day of June, 2020,  to submit an Elections Report under Section 96 of the Representation of the People  Act without the Guyana Elections Commission  determining the final credible count and or the credibility of  the result  of  the  General  and  Regional  Elections  held  on the 2nd day of March, 2020, as required by the Order No. 60 of 2020 and the amended Order of the 29th day of March, 2020.

2020. e)           An  Order restraining the Chief Elections Officer from submitting  to  the Guyana Elections Commission an Elections Report under Article 177 (2) (b) of the Constitution containing votes which are not credible within the meaning of Order No. 60 of 2020.

An  Order restraining  the Chief Elections Officer from submitting  to  the  Elections Commission an Elections  Report under Section 96 of the Representation of the People Act, Chapter 1:03  containing votes which are not valid and credible.