While the Commission of Inquiry (CoI) tasked with examining the events of the March 02, 2020 general and regional elections has been given a broad remit, it will pay particular attention to District Four which was the epicentre of attempts to rig the polls.
This information was contained in the terms of reference (TORs) released last evening. The Commission will initially have seven months to complete its work and hand over the report to President Irfaan Ali.
The CoI is a result of a promise by President Ali to investigate the attempt to rig the March 2020 polls. Five months after the March 2nd 2020 polls and after a series of legal battles, Ali was finally declared the winner of the presidential elections and subsequently sworn in as the country’s ninth executive president, on August 2, 2020.
After taking office, he promised the probe into the elections by an international team. He had also committed his government to pursue the necessary reforms to strengthen democracy and make the electoral process more transparent.
The Chair and Commissioners are tasked with inquiring and making recommendations, observations and findings arising out of their deliberations and in keeping with the TORs.
The Commissioners under the said Act are to inquire into the matters set out by President Ali and include an inquiry into and report upon the relevant circumstances and events leading up to, and the procedures following, the Regional and General Elections held in Guyana on the 2nd day of March 2020. The investigation is not limited to, but includes the counting, ascertainment and tabulation of votes polled and the public declaration of those results by the Returning Officer of Electoral District No. 4 and other election officers, as prescribed by sections 84 to 89 of the Representation of the People Act, Chap. 1.03.
The three Commissioners will also examine what attempts, if any, were made to obstruct, frustrate, subvert and prevent the counting, ascertainment and tabulation of votes polled and a declaration of the true results of Electoral District No. 4 as prescribed by sections 84 to 89 of the Representation of the People Act, Chap. 1:03, and by whom.
Recount
President Ali has also tasked the Commission to investigate what attempts, if any, were made to obstruct, frustrate, subvert and prevent a decision of the Guyana Elections Commission made on the 14th day of March 2020, to conduct a national recount of the votes polled at the elections and by whom. Additionally, the CoI will make recommendations at it deems fit and necessary in order to permit GECOM to discharge its statutory functions as prescribed by the relevant pieces of legislation.
As such, the President has directed that the “Commission shall render its report, findings and recommendations to the President, in writing, within seven months or within such other time as may be directed by the President”.
The document also stated that “the Inquiry shall be conducted continually at Georgetown and in such other places as the Commission may determine; AND I DIRECT that the Inquiry shall be held in public with reservation nonetheless to the Commissioners to exclude any person or persons as they deem fit, for the due conduct of the Inquiry, the preservation of order or for any other reason.”
It further added that the Commission shall commence its work at a time to be determined by the Chairman and that the Chairman shall take appropriate steps to ensure that the Commission completes its work and submits its report within the named deadline.
Additionally, the Commission shall establish and regulate its own procedure for the conduct of the Inquiry and shall be governed by the provisions of the Constitution, the Commissions of Inquiry Act, the High Court Act and any other relevant law. Meanwhile, the Commissioner of Police has been directed to detail Officers to attend upon the Commissioners’ request to keep them safe and to preserve order during the proceedings of the Commission, to serve summonses on witnesses and to perform such duties as the Commissioners shall direct.
The CoI is expected to shine the spotlight on blatant acts of rigging such as the reading of fake numbers from Statements of Poll and the use of a bedsheet which frustrated the validation process. It took five months before the final result could be declared.
Several key electoral officials – including Chief Election Officer, Keith Lowenfield and District Four Returning Officer Clairmont Mingo are before the court on criminal charges.
The TORs also call for an inquiry into the conduct of the Chief Election Officer, other Election Officers, and others in relation to the discharge of their statutory duties.
On Tuesday, Chief Magistrate Ann McLennan administered the oath of office to the Chair and members of the presidential Commission.
Chair, retired Trinidad Justice of Appeal Stanley John and Commissioners: former Attorney General, High Court Judge and Acting Justice of Appeal in the Eastern Caribbean, Godfrey P. Smith SC; and former Chancellor (Ag), of the Guyana Judiciary, Carl Singh took the oath of office in the Credentials Room at the Office of the President.
Former Chair and Chief Elections Commissioner of India, Dr S. Y. Quraishi was previously named as a member of the commission but he was not there at Tuesday’s swearing-in. He was also not named in the TORs.
To assist the Commission with its work, Dr Nasim Zaidi, former Chief Election Commissioner of India; and Dr Kwadwo Afari-Gyan, former Chairman of the Ghana Elections Commission will serve as resource personnel. Both of these men had been present as advisors during the elections under the auspices of the Commonwealth.
The chair of the Guyana Elections Commission (GECOM) and its commissioners are expected to be key witnesses.
