The Opposition, A Partnership for National Unity and Alliance For Change (APNU+AFC), expressed the view that the legal ruling of acting Chief Justice Roxanne George-Wiltshire SC on the Voters List has had unintended consequences.
At the press conference Wednesday the Office of the Leader of the Opposition said the ruling has, however, jeopardised Guyana’s democracy and political stability. The immediate jeopardy, the Opposition noted, is the increasing bloating of the National Register of Registrants (NRR), and the List of Electors to the point where the number of names on both lists will soon surpass the total national population.
This is unacceptable, the opposition said, and reminded they repeatedly stated elections using a bloated list would always be untrustworthy and contentious as such a list could be and has been used in election fraud.
The full statement on the issue follows: –
THE ABSENCE OF A RESIDENCY TEST PUTS GUYANA’S DEMOCRACY AND POLITICAL STABILITY IN GRAVE DANGER
The decision of the Chief Justice in August 2019 on the constitutionality of removing the names of non-resident citizens from the existing National Register of Registrants (NRR) must be understood as a pure legal matter. The Chief Justice decided the case based on the laws of the country as they are currently written. She found that, although our statutes (such as the National Registration Act) specify residency as a requirement for registration, the Guyana constitution, the country’s supreme law, did not provide the necessary cover. As such, all pre-existing clauses in our secondary legislation that mandate a residency test have been nullified.
The unintended consequences of the Chief Justice’s pure legal ruling, however, jeopardise Guyana’s democracy and political stability. The immediate jeopardy is the increasing bloating of the NRR and the List of Electors to the point where the number of names on both lists will soon surpass the total national population. This is unacceptable. We have repeatedly stated that elections using a bloated list would always be untrustworthy and contentious; as such a list could be and has been used in election fraud.
The nullification of the residency requirement, however, poses another danger. A case could now be made that all adult Guyanese citizens have a right to register and to vote regardless of where they live in the world. Even more, a court could accept the argument that GECOM must do all in its power to ensure these non-resident citizens can exercise this right without undue burden, such as finding the time and money to travel to and from Guyana.
In a nutshell, we are looking at the possible re-introduction of overseas or external voting. For a variety of reasons (democratic, financial, administrative, political, and historic) Guyana must urgently shut the door on this possibility. To this end, parliament must now take up its role and responsibility. Parliament must urgently address the unintended consequences of the Chief Justice’s straight legal ruling. Parliament must seek to prevent the political dangers the absence of a residency test will provoke. Parliament must ensure that elections in Guyana are accurate, credible, and can win the public trust.
Since around 1985, the residency requirement has reflected the will of the people of Guyana. It has birthed several clauses in the National Registration Act and has guided several rounds of fresh registration. A national consensus has even emerged on the need to have periodical house-to-house registration to ensure a credible voters list. This national consensus resulted in GECOM’s decision to produce a fresh National Register of Registrants (NRR) every seven years to ensure a clean voters list. This commitment should be honoured.
Therefore, the failure of the PPP to join with the Opposition to amend the law to restore the residency test is A BETRAYAL OF THE PEOPLE OF GUYANA. The PPP has refused to respect the will of the people for its own narrow political ends. The people must not let them benefit.
