Let the courts decide! …Regional private sector wants political leaders to allow courts to decide

GEORGETOWN, Guyana, Jun 30, CMC – The CARICOM Private Sector Organization (CPSO) is appealing to the leadership of the two main political organisations here to allow the courts to determine the outcome of the disputed March 2 regional and general elections in Guyana.

“The CPSO appeals to the leaders of both parties to have recourse to the Court of Appeal or the Caribbean Court of Justice (CCJ), if the latter finds that it has jurisdiction to hear and determine the issue concerning the validity or invalidity of the disputed votes.

“This moment of great uncertainty could potentially exacerbate divisions in Guyana. However, the moment can be seized instead to bring Guyana together responsibly and to take action on building stronger governing institutions. We have faith and confidence that the leaders of both the ruling party and the opposition recognize the need for their leadership to be validated by the voice of the people of the Cooperative Republic of Guyana; and that must be ruled upon by an independent and trustworthy institution,” it said in a statement. The Trinidad-based Caribbean Court of Justice (CCJ), Guyana’s highest court, is due to sit on Wednesday to determine whether or not it has jurisdiction to hear the appeal filed by Opposition Leader, Bharrat Jagdeo, and Irfaan Ali, the presidential candidate of the People’s Progressive Party/Civic (PPP/C)..

The two filed a Notice of Motion before the CCJ for several reliefs, including an interpretation of the words ‘more votes are cast’ in Article 177(2)(b) of the Constitution of Guyana. The Court of Appeal in its decision ordered that the words are to be interpreted as meaning ‘more valid votes are cast’. The Court also ordered the decision be stayed for three days. The applicants, who were added as respondents before the Court of Appeal, claim that the decision was wrong for many reasons, including that the Court of Appeal did not have the jurisdiction to hear and determine the Notice of Motion.
In its statement, the CPSO, which acts as the “apex” Institution for the private sector in the 15-member Caribbean Community (CARICOM, with a mandate to contribute to the full implementation of the CARICOM Single Market and Economy (CSME), said it views the “current impasse over the elections as an opportunity for Guyana to recognize and choose a fair, inclusive, and righteous path forward. “The CPSO is a non-political organization and takes no sides in the outcome of the elections. We wish to express our concern for, yet confidence in the democracy of the Cooperative Republic of Guyana. The strength of all democracies lies in the hands of the institutions and leaders who guide and protect them,” the CPSO said.

It said that there has “clearly been a breakdown in the election process and systems in Guyana and the current dispute should serve to increase our resolve to strengthen the governance and operations of the Guyana Elections Commission (GECOM) to ensure that never again would an election in Guyana be enveloped in such dispute over the validity of the results”.

The private sector group said it has taken note that the ruling coalition, A Partnership for National Unity (APNU) “has declared victory based on a June 23rd report issued by the Chief Elections Officer which showed 171,825 of the votes deemed valid for the ruling party and 166,343 of the votes deemed valid for the opposition PPP/C party. “However, over 115,000 votes were deemed invalid, which if counted would show the opposite result as reported by independent observers. The current conundrum is set up for rejection and invalidation of any result that eventually prevails.” It questioned how the deadlock can be broken reminding that “In any election, parties compete on the basis that the outcome must be accepted as the will of the people. “While each side accuses the other of trying to manipulate the result, ultimately it is the will of the people that confers legitimacy on any winner to lead the country. Since, the electoral process in Guyana has clearly demonstrated its vulnerability to interference, the CPSO believes it is vitally important to the legitimacy of any declared winner and for the sake of the people and the economic future of Guyana, for the Courts to rule on the recount of votes (including the issue concerning the validity or invalidity of the disputed votes).” The private sector group warned that “a failure to lawfully and definitively resolve this issue will leave some 50 per cent of the people in Guyana certain that the elections were stolen by one party or the other.”