PPP GECOM Commissioners refuse CEO’s request for Commission declaration meeting

Election 2020 results

…assert that attendance be in contempt of court

Despite mounting international pressure and ongoing legal proceedings in the High Court, Chief Elections Officer (CEO) Keith Lowenfield is forging ahead with the final declaration process for the March 2 elections results – a move, which the Opposition-nominated Commissioners at the Guyana Elections Commission (GECOM) have condemned and refuses to comply with.

Most of the political parties as well as all of the electoral observation missions, both local and overseas, have deemed Thursday’s declaration of results from Region Four (Demerara-Mahaica) to be lacking credibility and transparency. This was after the Returning Officer (RO), Clairmont Mingo, abandoned the verification process and went ahead and reportedly declared the results for the region.
Already, several local, regional and global bodies, as well as individual countries, have warned against the final declaration of the results of the elections and subsequent swearing-in of a President until the verification process of the Region Four results is resumed and completed in the presence of the contesting political parties and observers.
The Opposition People’s Progressive Party/Civic (PPP/C) has since moved to the courts to get the verification to resume and following hearing from parties on Saturday, Chief Justice (ag) Roxane George is expected to rule today on whether the court has jurisdiction to hear the injunctions granted by High Court Judge, Justice Navindra Singh, on Thursday to block the declaration of the Region Four results as well as the final elections results.
However, in an e-mail dated Saturday, March 7, 2020, and addressed to the GECOM Chair, (ret’d) Justice Claudette Singh, the CEO informed that the final report for submission is ready and a meeting should be fixed with the seven-member Commission.
The e-mail, seen by Guyana Times, states: “Dear Madam Chair, I have received declarations from Returning Officers for General and Regional Elections 2020 from Districts 1 – 10. In accordance with Cap 1:03 Section 99, I have prepared the final report for submission to the Commission. In this regard, a request is made for a meeting of the Commission at your earliest convenience.”
All of the six GECOM Commissioners – both Government and Opposition nominated – were copied on the mail sent to the Chair.
However, in a joint statement on Saturday night, the three Opposition Commissioners – Sase Gunraj, Bibi Shadick and Robeson Benn – insisted that complying with the request of the CEO would be breaching the court’s orders.
“We consider this invitation to meet as a flagrant attempt to breach the Order of Court… and a naked attempt by the Chief Elections Officer, Keith Lowenfield, to suborn us to breach an Order of Court and exposing us to liability for contempt of court. As holders of a constitutional offices, we are at all times obligated to obey the Constitution and other laws of Guyana and we consider this invitation to meet as not only a violation of our duty to uphold the Constitution but also an invitation to subvert the course of justice,” the missive stated.
The Opposition-nominated Commissioners reiterated their unconditional position that Section 84 of the Representation of the People Act, Chapter 1:03 of the Laws of Guyana was not complied with by the Returning Officer and therefore the purported declaration of the votes recorded for each list of candidates is invalid, null, void and of no effect.
“For the foregoing reasons, we will not respond to any such or further invitations from the Chief Elections Officer, Keith Lowenfield or Chairman of Guyana Elections Commission, Justice Claudette Singh, while the court proceedings are still extant,” the Commissioners insisted.
The Court Order issued by Justice Singh on Thursday states: “IT IS HEREBY ORDERED AND DIRECTED THAT an Injunction be and is hereby granted restraining the Returning Officer, Clairmont Mingo, Election District Number Four, in the Cooperative Republic of Guyana, and/or the Chief Elections Officer, Keith Lowenfield, and the Guyana Elections Commission (GECOM), jointly and severally, either by themselves, their servants and/or their agents, and/or by each of them, from in any manner whatsoever, declaring the votes recorded for each List of Candidates, for the said district before first complying with, or ensuring the compliance of the process set out in Section 84 of the Representation of the People Act, Cap 1:03., Laws of Guyana.”
Another order states: “IT IS HEREBY ORDERED AND DIRECTED THAT a Mandatory Injunction be and is hereby granted compelling the Returning Officer (RO), Clairmont Mingo, Election District Number Four, in the Cooperative Republic of Guyana and/or the Chief Elections Officer, Keith Lowenfield, and the Guyana Elections Commission (GECOM), jointly and severally, either by themselves, their servants and/or their agents, and/or by each of them to comply with the letter and spirit of Section 84 of the Representation of the People Act, Cap 1:03., Laws of Guyana, forthwith and then to declare the votes recorded for List of Candidates for the said district…”
The final order obtained states: “IT IS HEREBY ORDERED AND DIRECTED THAT an Injunction be and is hereby granted restraining the Guyana Elections Commission (GECOM), either by itself, its servants and/or agents, and each and every one of them, from in any manner whatsoever, declaring the total number of valid votes of electors for each List of Candidates recorded in the Guyana National and Regional Elections 2020, until and unless the Returning Officer, Clairmont Mingo… and/or the Chief Elections Officer, Keith Lowenfield complies with and ensures the compliance of the process set out by the provision, letter and spirit of Section 84 of the Representation of the People Act, Cap 1:03., Laws of Guyana.”
The Opposition-nominated Commissioners pointed out in their joint statement that these orders were served on all six members of the Commission. They added that they are also aware that several attempts were made to effect service on the GECOM Chair, Lowenfield and Mingo.
As a matter of fact, it was pointed out that during Saturday’s hearing of the matter in the High Court, an appearance was entered in the court proceedings on behalf of the Chief Elections Officer and the Returning Officer – indicating that they are aware of the matter before the court.