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Court to hear Amanza’s challenge over ballot exclusion today
Presidential Candidate of FMG, Amanza Walton Desir
Kaieteur News – The constitutional challenge brought against the Guyana Elections Commission (GECOM) by a candidate of the Forward Movement Guyana (FMG) party will be heard today.
The Fixed Date Application filed on behalf of Krystal Hadassah Fisher, a national candidate of the Forward Guyana Movement (FMG) contends that GECOM’s exclusion of her party from ballots in Regions Seven, Eight, and Nine violates multiple constitutional rights.
According to Fisher, guarantees including the right to vote, equal suffrage, non-discrimination, and proportional representation. The case was rescheduled to be heard at the High Court by Chief Justice (Ag) Navindra Singh, today after a lawyer for applicant; Dr. Vivian Williams requested additional time to review the defence’s submission. Williams said that he merely received the submissions on Sunday night. The lawyer told the court he required more time to properly review GECOM’s defence, which he had not read due to travel.
In the matter, GECOM is represented by attorney Arudranauth Gossai, standing in for senior counsel Anthony Astaphan, while Attorney General Anil Nandlall SC appeared with Shoshanna Lall and Raeanna Clarke. Acting Chief Justice Singh, emphasising his intention to deliver a ruling within the week, agreed and cleared the court’s calendar for a full day of arguments.
Nandlall supported a speedy determination of the case, noting that the issues are rooted in “pure law” and that no additional evidence was required beyond GECOM’s affidavit.
The FMG filed legal proceedings against GECOM after discovering that the party was omitted from the national ballot in Regions Seven, Eight, and Nine. FMG, a party which is founded by politician and attorney, Amanza Walton Desir petitioned the High Court, seeking inter alia an immediate halt to the electoral process until the party’s candidates are properly included in the national ballots for the affected regions.
FMG has argued that the omissions not only disenfranchise voters in those regions, but also impact the party’s ability to secure votes and seats in the national assembly.
The court application seeks constitutional relief under Part 56 of the Civil Procedure Rules, claiming that GECOM’s actions violate Articles 59, 149, and 160 of the constitution, as well as provisions of the Representation of the People Act (ROPA).
Another new party the Assembly for Liberty and Prosperity (ALP), led by Simona Broomes, has similarly been omitted from the national ballots in Regions One, Two, Seven, Eight, and Nine. FMG argues that omission of approved parties from the ballots is a violation of constitutional rights: discriminates against electors in these regions are being denied their right to vote for approved national lists, violating Articles 59 and 160 of the constitution.
The party noted that the excluded regions are predominantly inhabited by indigenous Amerindian populations. Their exclusion, the affidavit claims, amounts to discrimination based on race and place of origin.
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