(GECOM, 16.Jun.2020) — After considerable deliberations at the Commission on the report submitted by Chief Election Officer(CEO), Mr. Keith Lowenfield on the National Recount of votes cast in the 2 March, 2020 General and Regional Elections, Chairperson of the Commission, Justice Claudette Singh has requested for the CEO prepare a report to ascertain the results of the elections under Section 96 of the Representation of the People Act, Chapter 1:03 and in keeping with Order No. 60 of 2020 and its addendum dated 29 May, 2020.
In her decision to the Commission on 16thJune, 2020, 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.
The Chairperson posited that she is of the opinion that some of the allegations are of a serious nature and must be addressed. However, Article 163 (1) (b) of the Constitution confers on the High Court the exclusive jurisdiction to determine the validity of an election.
She explained that In order to give itself the authority to conduct the national recount, GECOM resorted to Article 162 (1) (b) of theConstitution to take such action as appear necessary or expedient to ensure impartiality and fairness.
In light of the foregoing and in keeping with Order No. 60 of 2020 and its addendum dated 29th May, 2020, Justice Singhrequested for the Chief Election Officer to prepare and submit to the Commission a report to ascertain the results of the elections under Section 96 of the Representation of the People Act, Chapter 1:03.The CEO is expected to present the report to the Commission soon.