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Apr 28, 2020 News
A live stream of the recount for the world to see isn’t just a good decision. It is the ultimate boost of public confidence in the credibility of the process.
So says Opposition nominated Commissioner, Robeson Benn, who penned a letter, expressing disappointment at some of the decisions made by Guyana Elections Commission (GECOM) Chair, Justice Claudette Singh.
These include her decision not to have the national recount streamed live to the world.
The Chair premised her refusal on Section 90 of the Representation of the People Act, which she said do not permit her to live stream the count.
Benn is on the side of arguments made against the Chair’s claim, explaining that he and his colleagues nominated by the Opposition, are of the view that the lack of a live stream would see the recount being conducted under circumstances less transparent and, therefore, less credible than should be.
Not only this. He said that it would be the ultimate confirmation of the process, should the process be live streamed.
Benn said that the current situation requires the dispassionate performance of constitutional and professional duties, without fear or favour, by all concerned so that democratic governance is restored.
A domestic observer of the March General and Regional Elections, the Private Sector Commission (PSC) has argued that the Guyana Elections Commission (GECOM) has the authority to take action as it sees fit to ensure the fairness and impartiality of the process.
That authority is rooted in Article 162 of the Constitution, which states that the electoral commission “shall issue such instructions and take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of this Constitution or of any Act of Parliament” where the Commission’s general direction and supervision over the electoral process are concerned.
Another provision that grants GECOM the authority to ensure the recount’s streaming is not hindered by Section 90 is Section 22 of the Election Laws (Amendment) Act, which speaks to GECOM’s authority over ‘Removal of Difficulties’. So says Attorney-at-Law Christopher Ram.
It states “If any difficulty arises in connection with the application of this Act, the Representation of the People Act or the National Registration Act or any relevant subsidiary legislation, the Commission shall, by Order, make any provision, including the amendment of the said legislation, that appears to the Commission to be necessary or expedient for removing the difficulty; and any such order may modify any of the said legislation in respect of any particular matter or occasion so far as may appear to the Commission to be necessary or expedient for removing the difficulty.”
Both of these provisions have been cited by Commissioner Vincent Alexander as grounds for GECOM to conduct the recount itself.
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