After two days of deliberation, Chairperson of the Guyana Elections Commission, Justice (ret’d) Claudette Singh has concluded that the commission does not have the jurisdiction to determine the legality of an election and it is for the Court of Law to determine its validity.
This decision was made in accordance with Article 163 (1) (b) of the Constitution according to Chairperson.
“Justice Singh asserted that the Commission does not have the powers of a Court of Law to examine and re-examine witnesses or to procure official documents to determine the truth of the allegations contained therein.”
Further, the Chairperson requested the Chief Elections Officer, Keith Lowenfied to prepare a report to ascertain the results of the elections under section 96 of the Representation of the People Act.
Justice Singh reminded in her statement that the commission cannot annul an election given that no specific power was conferred to the commission.
“A perusal of Articles 162 and 163 of the Constitution shows that the Articles clearly and sharply separate the functions of GECOM and the High Court respectively in matters of electoral process.”
See Statement below