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https://kiskadeewatch.com/guyana/gecom-says-it-has-made-no-finding-against-win-scrutineer-nominations/

GECOM says it has made no finding against WIN scrutineer nominations

Vishnu Persaud


—69 APNU+AFC appointees still being paid

The Guyana Elections Commission (GECOM) yesterday confirmed that it is continuing to pay 69 scrutineers appointed by APNU+AFC, but said this should not be interpreted as a decision that the We Invest in Nationhood (WIN) party or any other opposition party is not entitled to representation.

In a  statement responding to concerns raised by WIN, GECOM said the existing arrangement provides for the payment of scrutineers appointed on behalf of the combined parliamentary opposition.

The Office of the Opposition Leader has said none of the 69 scrutineers represents WIN or the Forward Guyana Movement (FGM), although those parties now hold 16 and one seat, respectively, in the National Assembly. APNU holds 12 seats.

GECOM said the dispute arose after Opposition Leader Azruddin Mohamed submitted a proposed list of scrutineers under Section 33D of the Representation of the People Act.

The commission said Mohamed wrote Chief Election Officer (CEO) Vishnu Persaud on June 3 and supplied supporting documents concerning the consultations undertaken and the proposed appointments. APNU subsequently objected to the proposal and disputed, among other things, whether “meaningful consultation” had taken place on the allocation and nomination of the scrutineers.

According to GECOM, Persaud advised Mohamed that he could not unilaterally implement the proposed list because Section 7A of the Representation of the People Act makes the CEO subject to the direction and control of the commission.

“The Chief Election Officer shall, notwithstanding anything in any written law, be subject to the direction and control of the Commission,” the provision states.

GECOM stressed that neither it nor Persaud had ruled that Mohamed’s consultations were invalid or inadequate.

Section 33D(2) of the Act allows the Opposition Leader to submit the list of scrutineers to be paid by GECOM on behalf of the combined opposition parties, following meaningful consultation with the other opposition parties represented in the National Assembly.

GECOM said Persaud informed Mohamed by letter dated June 5 that he was not authorised to determine whether the required meaningful consultation had taken place. The competing positions advanced by the opposition parties were matters for those parties to address and resolve, it said.

The correspondence submitted by Mohamed and APNU was therefore placed on the official record pending a conclusive decision by the commission.

Persaud reiterated his position on June 10, GECOM said, explaining that he could not act independently on a matter falling within the commission’s jurisdiction.

“It is therefore factually incorrect to suggest that GECOM determined that the WIN Party’s interests or nominations were rejected based on an adverse finding concerning the consultation process,” the statement said.

GECOM said the distinction between the administrative functions of its Secretariat and the statutory authority of the commission must be understood. It argued that Persaud’s decision not to implement the new list without the commission’s approval was not a refusal to act but compliance with the law.

The commission also defended Persaud’s handling of the dispute, saying he had responded to WIN’s correspondence with “alacrity, accuracy, specificity and professionalism” and had remained factual, professional and institutionally neutral.

WIN has maintained that Mohamed consulted the other parliamentary opposition parties and submitted an allocation reflecting the present composition of the opposition.

APNU Leader Aubrey Norton, however, told Kiskadee Watch on Thursday that talks on the scrutineers could proceed only if Mohamed withdrew his purported appointments and the process began afresh.

GECOM said yesterday that it remained committed to inclusivity, impartiality, transparency and adherence to the Constitution and electoral laws.

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