On May 11th at 3:30 pm, acting Chief Justice Roxane George SC will deliver her ruling on the action filed by A Partnership for National Unity (APNU) Chief Scrutineer Carol Smith Joseph who had moved to the High Court to challenge the Guyana Elections Commission’s method used in compiling the voters list which was to be used in the Local Government Elections (LGE) which had previously been slated for March 13th.
Joseph filed her urgent-hearing application back in December of last year.
The elections were not held in March but have now been set for June 12th.
Chief Justice George announced the date for her ruling yesterday afternoon following a hearing for clarifications she had regarding submissions from lawyer for the Guyana Election Commission (GECOM); Kurt Da Silva.
The fixed date application filed by Joseph’s attorney Roysdale Forde SC, seeks 21 declarations from the High Court.
Joseph is asking the court among other things to declare that GECOM acted unlawfully in not compiling the Preliminary List of Voters for Local Government Elections in accordance with the Local Authorities Act and the Chief Election Officer and/or the Commissioner of National Registration’s action of extracting a List of Electors pursuant to GECOM’s order was unlawfully prepared pursuant to Section 5 (6) of the Elections Law (Amendment) Act.
The Chief Scrutineer is arguing that GECOM, in its preparation of the current voters list did not act in accordance with the law and the constitution mandate. Through this claim she is alleging that the registration of electors was not done as the act outlines.
“The process employed by the Commission to prepare a Register of Voters for use at the next Local Government Elections has deprived the Electors and or voters of the opportunity to object to persons on the Register of Voters in the manner provided for in and contemplated by Local Authorities (Elections) Act Cap. 28:03,” one of the grounds on which she is arguing the case states.
She contended further that the electoral body has failed to comply with Sections 12, 13, 19, 20, 22 and 23 of the Local Government Elections Act. This, she said in her application cannot be the grounds on which GECOM issues a final Voters List in accordance with the Local Government Elections Act, that is to say, a List which was subjected to the statutory processes set out in the aforementioned Sections and most importantly and significantly a Claims and Objections period.
“By failing to comply with the aforesaid provision of the Local Authorities Elections (Amendment) Act Cap. 28:03, the Commission has acted in dereliction of its duty under the said Act, and moreover in dereliction of its constitutional duty to ensure that registration of Electors are conducted in accordance with law,” it further stated.
The Court is further being asked to direct GECOM, as provided for in Article 162 of the Constitution, to compile a Register of Voters which imposes and/or implies a duty to compile a reasonably accurate and credible Register of Voters.
She also wants the court to determine that the Register of Voters extracted for use at LGE is not reasonably accurate or credible thereby making the same unconstitutional, unlawful, null, void and of no legal effect.
Following indications that legal action would be taken over the manner of the compiling of the lists for LGE, GECOM had taken steps to put itself in order.
