GECOM has power to craft recount protocol

Apr 20, 2020 News

…no need for COVID-19 task force – Nandlall

PPP Executive, Anil Nandlall

Attorney-at-law and executive of the People’s Progressive Party, Anil Nandlall, is resolute in his stance that the Guyana Elections Commission (GECOM) holds the independence to govern its own operations even in the midst of a public health crisis.
Nandlall was at the time addressing concerns over the involvement of the national COVID -19 Taskforce in GECOM‘s impending recount of votes cast at the national elections held on March 2, 2020.
In an impassioned statement via his personal blog, The Unruly Horse, Nandlall, a former Attorney General of Guyana, expressed apprehension at the proposal of the Task Force, which is headed by Prime Minister, Moses Nagamootoo.
He noted that the restrictive guidelines recommended by Nagamootoo will only serve as part of the tactic by the current regime to further delay the process.
Nandlall explained that he had written to the Chairperson of GECOM, Justice (Ret’d) Claudette Singh warning her against “ceding a large part of her responsibility in the exercise to some anomalous Task Force established by the Prime Minister.”
The lawyer said that his respectful admonishment was in keeping with the view that GECOM remains, exclusively, in charge of the process.
In his blog, Nandall said his views are fortified by the crystal language of Article 226 (1) of the Constitution “…in the exercise of its functions under this Constitution, a Commission shall not be subject to the direction or control of any person or authority.”
“GECOM is one of the Commissions to which this Article applies. It is undisputed that the Constitution is the supreme law of Guyana,” Nandlall said.
He added that the doctrine of constitutional supremacy mandates that any law, by-laws, regulations, guidelines or any decision or action made by any public authority, or any government or state agency which is inconsistent with and contrary to the Constitution, renders it unconstitutional, unlawful, null, void and of no effect.
“So, in so far as the task force purports to regulate the work of the Commission, it is unlawful and unconstitutional,” Nandlall held.
The lawyer further pointed out that the Judiciary is an institution that enjoys similar juridical corpus as GECOM.
“In recognition of this legal reality, the Judiciary has crafted its own COVID-19 protocols. It is in this same jurisprudential vein, that the Court of Appeal, recently, ruled that the High-Level CARICOM Team cannot supervise the recount, since to do so, would be to usurp the functions, as well as, subvert the independence of GECOM, enshrined by the Constitution.”
He continued it must be clear that the directions given by the taskforce are intended to discourage International Observers, including the CARICOM High-Level Team, from returning to Guyana to observe the recount.
“It will ultimately thwart the process. I urge the chairperson to unconditionally reject those directions. I am not unmindful of public health environment. However, GECOM must establish its own protocols, like the Judiciary.
“In so doing, it must be guided by the overriding principle that the recount must be concluded with every convenient speed. In relation to the persons travelling to Guyana for the recount, they can be tested in their home countries and tested upon arrival in Guyana. It is not rocket science.
The Chairperson can easily craft her own COVID-19 guidelines. This is what the Constitution contemplates,” the Attorney stressed.

Discover more from Kaieteur News

Subscribe to get the latest posts sent to your email.

Latest News