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Chief Justice dismisses challenges to electoral laws by Ram, Bandu
Chartered Accountant and attorney, Christopher Ram
Kaieteur News – Chief Justice (ag), Roxane George has dismissed the legal challenges brought against Guyana’s electoral laws by chartered accountant and attorney, Christopher Ram and leader of the United Republican Party (URP) in Guyana, Vishnu Bandu.
Ram and Bandu had filed separate challenges proportional representation (PR) electoral system and sections of the Representation of the People’s Act (RoPA).
For his challenge, Ram had moved to court seeking to, inter alia, modify the RoPA and the laws of Guyana to give individuals the right to stand to elect independent candidates to contest general elections.
The Fixed Date Application (FDA) filed by the Ram’s attorney, Kamal Ramkarran, sought a declaration that on a true and proper interpretation of Article 160(2) (a) of the constitution, those individuals, including himself, have the right to stand for and elect persons who stand for elections to the national assembly as independent candidates in geographical constituencies.
Leader of the United Republican Party (URP) in Guyana, Vishnu Bandu
Bandu contended that Article 160 permits a political party to contest the elections and Article 147 guarantees him a fundamental right to participate in an election in any manner that he feels fit, but the provision of the Representation of the People’s Act, restricts him in a particular way.
However, Chief Justice (CJ) George found that both applications lacked merit and failed to show any constitutional breach in the manner in which political parties are required to contest national elections.
The CJ noted that there was no evidence to support the claim that the electoral system, particularly the requirement that parties contest both geographical and top-up seats, violated any aspect of human rights provisions.
The judge further rejected arguments made by the applicants who claimed that the system created unconstitutional barriers for smaller or individual candidates seeking to participate.
“Section 11C, which is not challenged, clearly establishes that one cannot focus on contesting only geographical constituencies. That would affect the proportionality granted by the system,” the CJ outlined.
In his remarks following the ruling, Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall said the cases may have been filed to delay the upcoming elections.
“This one was clearly intended to delay the elections, I think…but they realised when they read our answer and our submissions, I believe that they felt quickly that they can’t achieve that objective…and we managed to persuade the chief justice to determine the case long before the elections so that one can’t say we have this hovering over our head going into the elections,” the AG said.
Thankfully, he said, Chief Justice (ag) George recognised the flaws in the arguments.
“So, the court in the end dismissed [the] application as well, [and] found it to be without merit…eventually we were able to persuade the chief justice that both applications were frivolous, vexatious, and without merit, and they were dismissed with costs awarded,” he noted.
Both applicants have been ordered to pay costs of $500,000 each.
Bandhu was ordered to pay $250,000 to the attorney general’s office and the remaining sum to the Guyana Elections Commission.
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