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March 27 2020

Justice Singh tells court Constitution mandates GECOM to act fairly; says recount must not be blocked

Justice Claudette Singh, the Chair of the Guyana Elections Commission (GECOM), in an affidavit to the High Court has made it clear that the Constitution mandates GECOM to act where there are questions over the fairness and transparency of the electoral process and that the Court should not prevent GECOM from carrying out a recount which the Chief Justice has already accepted as the remedy if there are discrepancies with the Region Four vote count.

APNU+AFC candidate Ulita Moore has asked the court to block the recount on the basis that GECOM cannot act on an agreement made between her leader President David Granger, Opposition Leader Bharrat Jagdeo and the Caribbean Community (CARICOM).

But in her affidavit, the GECOM chair said the decision of the recount was GECOM’s and that the CARICOM team was simply the mechanism to ensure transparency and not a case of political leaders usurping the functions of GECOM as an independent constitutional body.

In her affidavit, the GECOM chair noted that Article  161 (1) (b) of the Constitution provides clear and convincing authority for GECOM to take action it finds necessary and expedient to ensure impartiality, fairness and compliance with the provisions of the Constitution or any Act of Parliament.

She cited the Chief Justice’s recent ruling on the breach of the law by Returning Officer Clairmont Mingo, where the Chief Justice said that in today’s context, where persons are to exercise statutory duties they must do so transparently and that the Returning Officer’s statutory duties are laid out so as to “engender transparency and accountability and thereby to ensure impartiality and fairness.”

The full Commission, including the Chair, had agreed to the recount. In her affidavit, Justice Singh pointed to Section 162 (1) (b) of the Constitution which states that GECOM “shall issue such instructions and take such action as appear to be necessary or expedient to ensure impartiality, fairness and compliance.”

“Thus, once there is evidence that the electoral process was compromised, then to ensure impartiality, fairness and compliance with the Constitution the Commission is constitutionally mandated to intervene to ensure public confidence in the electoral process,” Justice Singh’s affidavit states.

As such, she said with or without the agreement of the President, Opposition Leader Jagdeo and CARICOM, the Commission has separate and independent powers under the Constitution to execute supervisory powers in respect to the electoral process.

“This means the Commission can order a recount,” Justice Singh stated in her sworn affidavit.

She further contended that any restrictive application of the Constitution confining it only to when the officer is acting, and not after, makes a mockery of the article (of the Constitution) and the spirit and intention of the Parliament.

“The intention of Parliament as to vest GECOM with independent supervisory powers to ensure fairness, transparency and impartiality of the electoral process.

“It is further submitted that Section 140 provides GECOM with a further protective shield to allow the body to act independently and unfettered to provide the nation with a credible electoral process.”

There have been arguments made that the matters being challenged belong to an election petition after the results are declared.

But Justice Singh argues that the electoral process is not yet completed since the word “election” means the whole process of an election which starts with the proclamation of the elections date to the issue of the result of the election.

Justice Singh argued that GECOM was in the process of exercising its constitutional supervisory functions when it was stopped by the Court.

Unlike the argument from the APNU+AFC applicant in the case, Justice Singh indicated that the agreement by the political leaders is not to be read as politicians taking over the process.

“The CARCOM Mission was simply the mechanism to give effect to the recount,” she stated.

To bolster her case, she cited the order which was prepared to be gazetted to carry out the recount.

“AND WHEREAS the declaration of results pursuant to Section 84 (1) of the Representation of the People Act Chapter 1:03 have been made but marred by controversy and challenged in legal proceedings in the High Court.

“AND WHEREAS the Guyana Elections Commission seeks resource in Section 22 of the Election Laws (Amendment) Act No 15 of 2000, to remove difficulties connected with the application of the Representation of the People’s Act Chapter 1:03 in implementing decisions related to the conduct of the recount of all ballots cast at the said election, the tabulation and declaration of results and supervision of the entire process by the High Level team….”

The order, Justice Singh, therefore argued, provides the reason for the necessary intervention by the Commission and “shows clearly that the CARICOM team was just the mechanism to assist in providing credible elections to the nation.”

She also noted the undertaking she gave to the Chief Justice on March 13, namely, “that the tabulation process was in progress and that should there be discrepancies in the Statements of Poll as called by the Returning Officer and those held by political parties then the discrepancy should be noted and at the end of the process if they could not be addressed then I will endeavour to facilitative a recount at the level of the Commission.”

The GECOM chair said that this undertaking was accepted by the court, which has concurrent or similar powers to that of the Chief Justice, the undertaking cannot now be injuncted or stopped.

As such, she argued that the current court should not fetter GECOM in the exercise of its constitutional role and functions.

She said that though the request by several parties for a recount was rejected by the Returning Officer, the Commission can intervene and correct this.

“Thus it would be unlawful for the court to direct the Commission on the way forward to complete the process where these issues are still outstanding,” Justice Singh states in her affidavit and said the process “must be completed in conformity with the law, fairness and impartiality…”

She urged the court to heed the words of then Chief Justice Desiree Bernard in a 2001 case when she stated: “In the present volatile situation which pervades our country, no effort must be spared to assure everyone that the process was fair and impartial. Lingering doubts that hang like a sword of Damocles over the head of the Commission must be removed. Confidence in the electoral process must be restored.”

Therefore, the GECOM Chair said the application to block the recount should be rejected and the Commission should be permitted to execute its constitutional role and functions with or without the CARICOM agreement.

Replies sorted oldest to newest

The Opposition Leader Bharat Jagdeo and the supporters of the PPP/C ,read what Justice Singh said ,instead of discrediting .

Justice Singh have to know the declaration of Region 4 is correct.

The Honorable Justice Claudette Singh have class ,regardless her mother was selling sugar cake ,many mothers have chosen menial jobs ,to educate their children and teach the moral principles one must adhered to in life.

Django
Last edited by Django
Django posted:

The Opposition Leader Bharat Jagdeo and the supporters of the PPP/C ,read what Justice Singh said ,instead of discrediting .

Justice Singh have to know the declaration of Region 4 is correct.

Leh we see bai. The proof is in the pudding. Leh we see dem do the recount without any shenanigans and go from there. Dutty Singh has made several statements since being appointed Chairperson and she has failed to honor all of them. Leh we see what she do next.

FM

I have not seen anything from Singh so far to convince me that she has class. But I hope you are right and her class finally gets displayed and she put an end to all the nonsense that has taken place under her nose for nearly 4 weeks now.

FM

That Totaram fool should read this excerpted from above.

"But Justice Singh argues that the electoral process is not yet completed since the word “election” means the whole process of an election which starts with the proclamation of the elections date to the issue of the result of the election."

FM
ksazma posted:

I have not seen anything from Singh so far to convince me that she has class. But I hope you are right and her class finally gets displayed and she put an end to all the nonsense that has taken place under her nose for nearly 4 weeks now.

I know ,i know  very difficult to giver her credits ,you have already made some condemning post.

Django
Last edited by Django
Django posted:
ksazma posted:

I have not seen anything from Singh so far to convince me that she has class. But I hope you are right and her class finally gets displayed and she put an end to all the nonsense that has taken place under her nose for nearly 4 weeks now.

I know ,i know  very difficult to giver her credits.

She will get the credit when I see some actions from her. Her talking is worthless especially since she has not kept any of her words since she became the Chairperson.

FM
ksazma posted:
Django posted:
ksazma posted:

I have not seen anything from Singh so far to convince me that she has class. But I hope you are right and her class finally gets displayed and she put an end to all the nonsense that has taken place under her nose for nearly 4 weeks now.

I know ,i know  very difficult to giver her credits.

She will get the credit when I see some actions from her. Her talking is worthless especially since she has not kept any of her words since she became the Chairperson.

To date the Honorable Justice Claudette Singh ,GECOM Chair have not, abdicate from the Constitutional Duties she swore to uphold.

Django
Django posted:
ksazma posted:
Django posted:
ksazma posted:

I have not seen anything from Singh so far to convince me that she has class. But I hope you are right and her class finally gets displayed and she put an end to all the nonsense that has taken place under her nose for nearly 4 weeks now.

I know ,i know  very difficult to giver her credits.

She will get the credit when I see some actions from her. Her talking is worthless especially since she has not kept any of her words since she became the Chairperson.

To date the Honorable Justice Claudette Singh ,GECOM Chair have not, abdicate from the Constitutional Duties she swore to uphold.

We talking about her words. I will leave the examination of her behavior toward her constitutional duties for the constitutional lawyers.

In a few days we will see where she means what she said to the judge.

Another thing, if she is such a learned and honorable judge, why did it take Gunraj's communication to her to get her to alter her affidavit as well as switch from Boston to this lawyer chick?

FM

We have been hearing this and that for 25 days. Fulfill the constitutional mandate!  It’s not like pulling a rabbit out of a hat. Ms Singh has not engendered confidence in her role in this process. It’s been a mockery thus far.

Baseman
Baseman posted:

We have been hearing this and that for 25 days. Fulfill the constitutional mandate!  It’s not like pulling a rabbit out of a hat. Ms Singh has not engendered confidence in her role in this process. It’s been a mockery thus far.

Follow the process ,political parties don't direct the Commission how to perform their duties,the PPP/C have to right to barge in the GECOM command Center.

Django
Last edited by Django

Fine Django, if you want to call it barge in, then thats your prerogative. However, the question is why did they barge in? That is the answer that people does not want to answer because it will open a can of worms.

Ace
Django posted:

What role the mouth man Sase Gunraj one of the minions of Bharat Jagdeo , plays in the court proceedings ?

His letter to Singh prompted her to abandon her first affidavit and replace it with the one you posted above.

FM
Django posted:
Baseman posted:

We have been hearing this and that for 25 days. Fulfill the constitutional mandate!  It’s not like pulling a rabbit out of a hat. Ms Singh has not engendered confidence in her role in this process. It’s been a mockery thus far.

Follow the process ,political parties don't direct the Commission how to perform their duties,the PPP/C have to right to barge in the GECOM command Center.

STFU you bloody liar!!  No shame!

Baseman
Django posted:

GECOM Command Center

This was when Mingo was declaring the form 24 which the CJ ruled was illegal. That form 24 had Vulga Vulva's yaaazie vulva on it. How the heck did that happen? And you swear that APNU did interfere with Mingo's malfeasance.

FM
Last edited by Django
Ace posted:

Fine Django, if you want to call it barge in, then thats your prerogative. However, the question is why did they barge in? That is the answer that people does not want to answer because it will open a can of worms.

He knows the truth, just being an arrogant bully like his PNC handlers! 

Everyone calling for a transparent verification or recount. That’s standard procedures in such discrepancies.  Just do it. 

Baseman
Django posted:
Baseman posted:

We have been hearing this and that for 25 days. Fulfill the constitutional mandate!  It’s not like pulling a rabbit out of a hat. Ms Singh has not engendered confidence in her role in this process. It’s been a mockery thus far.

Follow the process ,political parties don't direct the Commission how to perform their duties,the PPP/C have to right to barge in the GECOM command Center.

All six of GECOM commissioners are from political parties.

FM
ksazma posted:
Django posted:

GECOM Command Center

This was when Mingo was declaring the form 24 which the CJ ruled was illegal. That form 24 had Vulga Vulva's yaaazie vulva on it. How the heck did that happen? And you swear that APNU did interfere with Mingo's malfeasance.

Why do you even give him credit with a response. The man has no shame!!

Baseman
Last edited by Django
Baseman posted:
Django posted:
Baseman posted:

We have been hearing this and that for 25 days. Fulfill the constitutional mandate!  It’s not like pulling a rabbit out of a hat. Ms Singh has not engendered confidence in her role in this process. It’s been a mockery thus far.

Follow the process ,political parties don't direct the Commission how to perform their duties,the PPP/C have to right to barge in the GECOM command Center.

STFU you bloody liar!!  No shame!

So what the video says ?

Django
Ace posted:

Fine Django, if you want to call it barge in, then thats your prerogative. However, the question is why did they barge in? That is the answer that people does not want to answer because it will open a can of worms.

Every action have a process to resolve .

Any way that's how backward politicians operates.

Django
ksazma posted:

Django has really damaged his reputation on this matter. It must be really tough for him to deny what everyone else saw. really sad turn of fortune.

Damage my foot !!! Read y'all post on the thread.

Also take a peek here

https://www.cartercenter.org/n...0/guyana-032020.html

Django
Last edited by Django
Baseman posted:
Ace posted:

Fine Django, if you want to call it barge in, then thats your prerogative. However, the question is why did they barge in? That is the answer that people does not want to answer because it will open a can of worms.

He knows the truth, just being an arrogant bully like his PNC handlers! 

Everyone calling for a transparent verification or recount. That’s standard procedures in such discrepancies.  Just do it. 

Let's explain a few things to arrogant folks , there are no handlers ,it's just in their heads.

Django
Last edited by Django

Fundamental issues ...

1. Discrepancy in the process to tabulate the votes for Region 4 and the other nine regions.

2. Official declaration of the votes are not made by GECOM.

3. GECOM Chairman clearly stated that where there are discrepancies in the vote count, the matter must be properly addressed. This remains as an outstanding issue.

4. GECOM Chairman clearly stated that Guyana Election Commission can order a recount because of the issues on hand.

From the above, it follows that ...

--- Region 4 votes must be completed according to established process.

FM
Baseman posted:
ksazma posted:
Django posted:

GECOM Command Center

This was when Mingo was declaring the form 24 which the CJ ruled was illegal. That form 24 had Vulga Vulva's yaaazie vulva on it. How the heck did that happen? And you swear that APNU did interfere with Mingo's malfeasance.

Why do you even give him credit with a response. The man has no shame!!

For this reason and more, I don’t respond to him directly. He has no shame. 

 

FM
Django posted:
Baseman posted:
Django posted:
Baseman posted:

We have been hearing this and that for 25 days. Fulfill the constitutional mandate!  It’s not like pulling a rabbit out of a hat. Ms Singh has not engendered confidence in her role in this process. It’s been a mockery thus far.

Follow the process ,political parties don't direct the Commission how to perform their duties,the PPP/C have to right to barge in the GECOM command Center.

STFU you bloody liar!!  No shame!

So what the video says ?

FM
Django posted:
ksazma posted:

Django has really damaged his reputation on this matter. It must be really tough for him to deny what everyone else saw. really sad turn of fortune.

Damage my foot !!! Read y'all post on the thread.

Also take a peek here

https://www.cartercenter.org/n...0/guyana-032020.html

Bai you and those two fools Totaram and Rochelle are the only ones claiming that Mingo's tabulation on March 13, 2020 was done using the all of the official GECOM SOPs correctly and completely. I would be surprised if Mits would agree with you on this one.

FM
Baseman posted:

The man has no credibility and no shame. Even Mars question the behavior of GECOM and the count. Dominic Gaskin broke ranks with his FIL and his own Govt in which he was a minister.

What's your purpose on GNI ? is it to disparage members ?with gutter language ? Member Bibi Haniffa,seems to be correct with some of her statements. What sort of character tugs on shirt tails ?

Django
Last edited by Django

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