Friday, August 21, 2026
Village Voice News
ADVERTISEMENT
  • Home
  • News
  • Sports
  • Editorial
  • Letters
  • Global
  • Columns
    • Eye On Guyana
    • Hindsight
    • Lincoln Lewis Speaks
    • Future Notes
    • Blackout
    • From The Desk of Roysdale Forde SC
    • Diplomatic Speak
    • Mark’s Take
    • In the village
    • Mind Your Business
    • Bad & Bold
    • The Voice of Labour
    • The Herbal Section
    • Politics 101 with Dr. David Hinds
    • Talking Dollars & Making Sense
    • Book Review 
  • Education & Technology
  • E-Paper
  • Contact Us
No Result
View All Result
  • Home
  • News
  • Sports
  • Editorial
  • Letters
  • Global
  • Columns
    • Eye On Guyana
    • Hindsight
    • Lincoln Lewis Speaks
    • Future Notes
    • Blackout
    • From The Desk of Roysdale Forde SC
    • Diplomatic Speak
    • Mark’s Take
    • In the village
    • Mind Your Business
    • Bad & Bold
    • The Voice of Labour
    • The Herbal Section
    • Politics 101 with Dr. David Hinds
    • Talking Dollars & Making Sense
    • Book Review 
  • Education & Technology
  • E-Paper
  • Contact Us
No Result
View All Result
Village Voice News
No Result
View All Result
Home Columns

We may not like the CCJ ruling but must use same to move forward — Lincoln Lewis

Staff Reporter by Staff Reporter
July 14, 2020
in Columns, Letters
0
SHARES
0
VIEWS
Share on FacebookShare on Twitter

READ ALSO

Open letter to President Ali: Show Guyanese What 39.8% of Stabroek Block Oil Really Means

Guyana Leads The Caribbean With Fake Ph.Ds


By Lincoln Lewis

THE Caribbean Court of Justice (CCJ) was approached to weigh in on our electoral process. There was reservation among some, yours truly included, that the court could so do after the ruling made by our Court of Appeal (CoA). The judges said they can and on 8th July issued their judgement.
Resulting from the judgment is that the CoA operated outside of its jurisdiction, but the CCJ had jurisdiction to hear the case brought by the appellants. The court not only ruled that the chief elections officer (CEO) did not have the authority to invalidate any vote, but such is the purview of the High Court by the way of an election petition, as outlined in Article 163 of the Constitution of Guyana. This ruling is consistent with the position of the Chair of the Guyana Elections Commission (GECOM) in addressing concerns about voter impersonation and other anomalies found during the national recount.

Said “Court also notes that an Order issued by GECOM in any particular context can never determine how the Constitution is to be interpreted. It is a matter of elementary constitutional law that if ordinary legislation is in tension with the Constitution, then the courts must give precedence to the words of the Constitution and not the other way around.”

The CCJ clarified, stating that “With respect, the notion that Order 60 could either impact interpretation of the Constitution or create a new election regime at variance with the plain words of the Constitution is constitutionally unacceptable.” The Order issued by the GECOM is 60 of 2020 (4th May and amendment 29th May 2020), which created the framework for the recount. What the judgment is in effect saying is that the Order is of no effect.

Such judgment stands in countenance with Article 9 of the Constitution. Said article expressly states, “This Constitution is the supreme law of Guyana and, if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, be void.”

Back in March, Chief Parliamentary Counsel Charles-Fung-A-Fat-S.C advised against the Order, stating that “the provision that the Order is seeking to make has the effect of amending Section 84 of the Representation of the People Act and would therefore be ex post facto” (Guyana Chronicle, 18th March 2020-Chief Parliamentary Counsel advises GECOM against gazetting the order for recount- warns that such a move would supersede electoral laws, infringe on rights of electors). PPP/C Executive Member Anil Nandlall challenged Fung-A-Fat’s advice. In the said article Nandlall reportedly stated that the “GECOM is empowered by law to make almost any decision possible in relation to its role and the elections body.”

The Recount Order stipulated that votes will be tallied on Statements of Recount (SoRs). The Representation of the People Act, Cap 1:03, which lays out the requirements for conducting an election, requires tallying of votes on a Statement of Poll (SoP) and the process involving statutory officers. The two situations, even though dealing with tallying, operationally were diametrically opposite.

Whereas the CCJ sided with the chair on the proper authority (High Court) to enquire into and invalidate votes or an election, the court dissented with GECOM that it could create a “new regime” to address the difficulties that arose during the tabulation exercise. From the outset, the CEO sought to recommend administrative resolution with regard to tallying the votes of Region Four. This was ignored. It may be recalled he said, “If, at the end of the day, that doesn’t work, the CEO will be involved with his statement to have a resolution to the issue” (Demerara Waves, March 4, 2020- GECOM resolves vote-padding concerns, resume verification on Region Four).

We are where we are today in this binding situation because of several factors, not the least of which are poor decision-making and disrespect for the Rule of Law as evident from political and other leaders, the international community, and GECOM. I say this in full recognition that another push is being made to have the Chair of GECOM act in contravention of constitutional mandate and with disregard for the statutory and constitutional role of the CEO. The CCJ’s judgement as well as the Constitution and Laws of Guyana must be respected. No more or no less is expected.

ShareTweetSendShareSend

Related Posts

Letters

Open letter to President Ali: Show Guyanese What 39.8% of Stabroek Block Oil Really Means

by Admin
August 21, 2026

President Ali, Your announcement on Tuesday,18th August, that Guyana is now entitled to 39.8% of crude production from the Stabroek...

Read moreDetails
Letters

Guyana Leads The Caribbean With Fake Ph.Ds

by Admin
August 19, 2026

Dear Editor, For the past eighteen (18) months, a research organization, The Academic Research Foundation, has conducted in-depth research on...

Read moreDetails
Letters

Interrogating Cronyism in Education

by Admin
August 19, 2026

Dear Editor, Cronyism in education circles is palpable. Cronyism in education is not a localized problem; it is a widespread...

Read moreDetails
Next Post
Seating arrangement for students at the Bishops' High as they commenced the writing of the CSEC/CAPE examinations last Monday (MoE photo)

CXC commences under stringent COVID-19 measures


EDITOR'S PICK

Children of St.Aloysius Primary School acknowledging their Creator (Education Ministry photo)

Expanding Cash Grants to Children an Investment in the Future -BUYDG

December 1, 2024

Solid batting hands Red Force lead after John’s superb five-for

February 2, 2023
Minister of Public Works with responsibility for maritime, Juan Edghill

Boat with bodies vanishes

February 17, 2021
Minister of Human Services and Social Security, Dr Vindhya Persaud poses with some of the beneficiaries of the starter packs

120 women receive starter packs to boost their businesses

March 9, 2026

© 2024 Village Voice

No Result
View All Result
  • Home
  • News
  • Sports
  • Editorial
  • Letters
  • Global
  • Columns
    • Eye On Guyana
    • Hindsight
    • Lincoln Lewis Speaks
    • Future Notes
    • Blackout
    • From The Desk of Roysdale Forde SC
    • Diplomatic Speak
    • Mark’s Take
    • In the village
    • Mind Your Business
    • Bad & Bold
    • The Voice of Labour
    • The Herbal Section
    • Politics 101 with Dr. David Hinds
    • Talking Dollars & Making Sense
    • Book Review 
  • Education & Technology
  • E-Paper
  • Contact Us

© 2024 Village Voice