After hearing Senior Counsel Roysdale Forde argue that the Constitution gives only the Guyana Parliament the right to change the country’s electoral laws, the Court of Appeal reserved its judgement in the elections petition appeal case on Wednesday.
The Guyana Elections Commission (GECOM) used the Election Laws (Amendment) Act to implement Order 60 in 2020 to permit a countrywide recount of March 2 Election ballots.
Forde, who opposed the Recount Order that decided the recent elections, informed the Appellate Court that Section 22 of the Act is invalid.
“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 in accordance with Articles 65 and 170 in respect of the Electoral System,” he said.
Roxane George, the acting Chief Justice, rejected the petition filed by Claudette Thorne and Heston Bostwick on April 26, 2021, declaring that Section 22 of the Election Laws (Amendment) Act and Order 60 were not unconstitutional.
Yonnette Cummings-Edwards, Dawn Gregory, and Rishi Persaud are hearing the appeal.
Forde informed the court that Parliament, not GECOM, sets legislative policy.
He contended that Clause 22 unconstitutionally divests Parliament of a plenary legislative authority and unconstitutionally confers it on the Electoral Commission.
“It is our contention that Article 160 (3) (a) (4) of the Constitution specifies that Parliament is invested with the ability and an exclusive authority to pass laws if it so wishes to establish the method in which the election should be held.”
Forde claimed that Article 160 (3) (a) (4) is constitutional rather than plenary. He argued that Section 22 violates the Constitution.
He argued the Court that Section 22 and Order 60 violated the Constitution’s Separation of Powers due to their power.
President Irfaan Ali won the March 2020 regional and general elections after that recount.
Trinidad-based Senior Counsel Douglas Mendes, representing Vice President Bharrat Jagdeo and Attorney General Anil Nandlall, had requested the Appellate Court to dismiss the case.
The losing coalition opposition A Partnership for National Unity (APNU) wants to annul the election because the recount was unconstitutional.
