Election rigging is treason

Aug 06, 2021 Features / Columnists, Peeping Tom

Kaieteur News Election rigging constitutes treason. This is the firm opinion of Dr. Munyonzwe Hamalengwa, a Zambian Professor of Law.
This is what he said, “There is no reason whatsoever why theft of an election in any country, through rigging, with incontrovertible evidence proving the same, should not attract the charge of treason.
He notes that, “Theft of an election is a fraudulent usurpation of power by an illegitimate government that has been turfed out of power by the country’s voters. It is a coup d’état to unconstitutionally and illegally cling to power by the incumbent government.”
He views as immaterial the fact that no violence may have been employed. He argued that violence is embedded in the very fact of rigging an election.”
Dr. Hamalengwa says, “Election theft by rigging has grievous aggravating factors and must constitute treason. A coterie of individuals with planning and deliberation aforethought, sometimes over a lengthy period of time, organised to engage in the overt and covert actus reus (action) with requisite mens rea (intention) to violate the constitution and electoral laws of their country.”
He goes on to argue that where individuals who participate in the conspiracy to violate the constitution and electoral laws of the country, would have sworn to follow and uphold the constitution and laws of the country and would have been found to have violated that very oath, this constitutes betrayal of the constitution and laws of the country. And for him that is treason.
At present, a number of persons are before the court for acts of fraud in relation to the elections of March 2, 2020. Regardless of the outcome of those cases, there still needs to be addressed this issue of whether anyone committed treason in relation to those elections, that is whether there was an attempt at an electoral coup d’état.
The President under questioning has said that there will be a Commission of Inquiry into the elections. By now, more than one year after the attempt at electoral rigging, the country is no wiser as to when this Commission of Inquiry (CoI) will take place.
The United States Capitol, the seat of Congress, was stormed by rioters on January 6 in what is viewed as an attempt to ensure that the democratically elected President of that country did not assume office. The inquiry into that riot has commenced with emotional testimony.
The United States will not allow those involved in that plot to escape easily. They will face the full brunt of the law, and that includes former President, Donald Trump.
In Guyana, all that the people are receiving is the usual blow-blow from the President. It is time that he comes out definitively and sets a timeline for the launch of the inquiry.
The many persons and groups who defended democracy during the period March to July last year should pressure the government to initiate the CoI into the elections.
This country came very close to political anarchy. This country almost was returned to the status of political dictatorship – something that horrified those who lived under such a system.
It must have also frightened the entire Caribbean Community. They too must have been fearful of the dreaded consequences of elections rigging reaching their shores.
What took place in Guyana between March and July last year must not go unpunished.
The government keeps harping about “Never again!” However, it seems to be slothful in moving towards establishing a CoI into the matter. Could it be that it is contemplating a charge of attempted treason or some related offence under the common law?
If the government is still committed to a CoI, it should move with haste to establish one. The sessions can be held virtually which would mean that the Commissioners to be appointed would not have to be physically present in Guyana, unless they need to see something. The evidence can be taken virtually and this would reduce tremendously the costs of the inquiry.
But costs should be immaterial. There would have been a greater cost to the economy and to the country if this diabolical plot had persisted.
Those involved, including the political masterminds, must be brought to justice. It is nice to hear the government say “Never again!” But unless those involved are convicted, they will try it again.

(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)

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