CJ dismisses legal challenge to PR electoral system; costs awarded to AG, GECOM

Chief Justice (acting) Roxane George has dismissed the legal challenges brought against Guyana’s Proportional Representation (PR) electoral system by Christopher Ram and Vishnu Bandhu.

She ruled that the application lacked merit and failed to show any constitutional breach in the manner in which political parties are required to contest national elections.

Delivering the decision on Tuesday, the CJ concluded that there was no evidence to support the claim that the electoral system, particularly the requirement that parties contest both geographical and top-up seats, violated any aspect of Article 25 or related human rights provisions.

She noted that the Constitution of Guyana and the Representation of the People Act (ROPA) work in tandem to give effect to the country’s electoral structure, which has been in place for decades.

The judge emphasised that this system is part of a carefully balanced representational framework established through constitutional reform and public consultation.

“Section 11C, which is not challenged, clearly establishes that one cannot focus on contesting only geographical constituencies…To do so…would affect the proportionality granted by the system,” the CJ outlined.

The judge further rejected arguments made by the applicants who claimed that the system created unconstitutional barriers for smaller or individual candidates seeking to participate.

Meanwhile, the court has ordered Ram to pay $500,000 in costs to the Guyana Elections Commission (GECOM) while Bandhu was ordered to pay $250,000 to GECOM and $250,000 to Attorney General Anil Nandlall.

In awarding costs, the judge labeled the case a misuse of judicial resources.

Nandlall had previously condemned the legal challenge, calling it a “fishing expedition.” He had asserted that the Constitution clearly outlines the electoral framework and that no court challenge can override it without a constitutional amendment.

“We reject frivolous lawsuits from those who cannot gather the public support needed to contest through proper channels,” Nandlall stated on one of his weekly programmes, ‘Issues in the News’.