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Jan 09, 2021 News
Kaieteur News – With the aim of strengthening Guyana’s electoral system, so that the fraud, corruption and gymnastics that occurred during the March 2 General and Regional Elections, as well as those events that ensued, Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, has revealed that works have begun on correcting those electoral loopholes and weaknesses.
During an interview on Kaieteur Radio’s Guyana’s Oil & You with senior Kaieteur News Journalist, Kiana Wilburg, the AG was asked about the importance of strengthening the ‘check and balances’ the citizens have at their disposal as it regards to changes in government. To this the AG reminded listeners of the People’s Progressive Party/Civics’ commitment to conduct “wide-ranging” reforms to ensure gaps are bridged, loopholes are closed and strengthening is exercised, on those weaknesses which “miscreants exploited and nearly succeeded in stealing government.”
To this, AG stated works have already begun in that regard, with the assembly of a small unit at the AG Chambers, now tasked with compiling requisite pieces of legislation, which will form the basis for the review. Following such, he went on to add that consultations will be held with the relevant stakeholders, who will all work on correcting the loopholes.
“And these are not constitutional changes that we are speaking about,” the AG pointed out, while adding that, “These are simple things like the Statements of Poll [which] must be used as the basis for tabulation of the results and that must be absolutely clear, so that one cannot substitute a spreadsheet, like what Mingo did—a spreadsheet that he concocted or that was concocted and was given to him with falsified numbers.”
As part of another fixed requirement, Nandlall said that the Guyana Elections Commission (GECOM) and political parties would be mandated to make online uploads of SOPs within 24 hours of receiving them. Failure and refusal to adhere to such will result in consequences, he noted.
“Then that [final] report that the CEO is required to produce by law—we have to clarify what that report must contain and we must have to make the language clear, so that no Chief Executive Officer (CEO) can reasonably or unreasonably prepare a report of his own. We must state in the law that invalidity of votes can only be determined at an election petition and no CEO or political party can decide if a ballot is valid or invalid outside of what is a spoilt or unspoilt ballot,” the AG articulated.
Corrections and discussions will also be conducted on whether a cyclical system can be stopped midway and commence a house-to-house registration process; and whether additional biometrics will be introduced into the law.
The AG also spoke about the misconduct of electoral officers under GECOM and how “very few offences” apply to them. He reminded that the laws in their current form define offences in relation to the conduct of the elector, such as voting twice or attempting to impersonate another. There is, however, no reciprocal list of offences in relation to election officers, Nandlall noted.
“And what we find in Guyana is that the election officers are the errant ones, not the electors. We have to create a series of offences {penalties} to imprison for life election officials who attempt to compromise the electoral machinery and process at any stage. And the higher the office the official holds, the greater the penalty imposed upon him,” Nandlall expressed.
Notably, GECOM’s CEO Keith Lowenfield, Deputy CEO Roxanne Myers, Region Four Returning Officer (RO) Clairmont Mingo, Information Technology Officer Enrique Livan, as well as other GECOM staffer, Shefferon February, have been charged with fraud, misconduct in office and breach of public’s trust. These charges are still before the court and are said to go to trial soon. Vice President (VP) Bharrat Jagdeo as well as the Private Sector Commission (PSC) have both called for the removal of these officers from GECOM before this year’s constitutionally-scheduled Local Government Elections (LGEs).
“That is a fundamental cornerstone of our agenda in government,” Nandlall said. “We know that because of our track record, because of our performance, because of our competence… we will not lose a free and fair election in Guyana. So it is in our interest to protect this democracy.”
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