Any decision by Court of Appeal in David case is appealable to the CCJ as of right

This was Published on June 22, 2020

Dear Editor,

There appears to be a mistaken view that any decision by the Court of Appeal in the case brought by Eslyn David seeking to stop the declaration of the results of the March 2 elections is unappealable. That view is simplistic and wrong. Put shortly, the view is that the term “exclusive jurisdiction” used in Article 177 to describe the powers of the Court of Appeal, makes any decision by it unappealable.

Holders of that view may even consider that section 4 (3) of the Caribbean Court of Justice Act supports their position. That sub-section contains another exclusion of jurisdiction with the following words: “Nothing in this Act shall confer jurisdiction on the Court to hear matters in relation to any decision of the Court of Appeal which at the time of entry into force of this Act was declared to be final by any law.” In other words, cases before the CCJ Act came into force constituted settled law and outside of the reach of the CCJ.

The situation changed radically after the Act came into force, opening the doors of appeal from a wide array of cases and matters. Exclusivity was no longer assured as Article 133 of the Constitution makes clear. That Article provides that “Parliament may make such provision as it deems fit authorising any court established or to be established, as the final court of appeal for the Caribbean to be the final court of appeal for Guyana.”

And Parliament did just that. Section 6 of the CCJ Act states that “an appeal shall lie to the [Caribbean] Court from decisions of the Court of Appeal as of right (emphasis added) in [among other things], any civil or criminal proceedings which involve a question as to the interpretation of the Constitution or in in any proceedings that are concerned with the exercise of the jurisdiction conferred upon the High Court relating to redress for the contravention of the provisions of the Constitution for the protection of fundamental rights.”

In my view therefore, there is no question that any decision by the Court of Appeal in the David case is appealable to the CCJ as of right. 

Yours faithfully,

Christopher Ram

I would caution against any attempt to undermine the country’s main revenue agency

This was Published on June 19, 2020

Dear Editor,

I read with surprise a social media post alleging that “tons of documents” were removed from the Guyana Revenue Authority (GRA) and destroyed.

The GRA has procedures for the disposal of documents and records and I find the story that several trucks were escorted by GRA enforcement ranks during broad daylight more than a bit implausible. What I can respond to directly however, is the statement in the post that staff were instructed to leave the building at 4 PM. It just so happens that I arrived at the Camp Street building at 4:10 PM and witnessed there numerous staff when I arrived and a lesser number when I left at about 4:45 PM.

Even making allowance for the liberality of social media, I think it is really sad that the careers and reputation of anyone, including professionals like Commissioner-General Godfrey Statia, could be so easily impugned. It makes me recall how badly the  former Commission-er General, the late Mr. Khurshid Sattaur was treated by the Granger administration on its assumption of office and how unceremonious was his departure. I understand that as an act of fraternity and professional courtesy, Statia, on his assumption to the top position in the GRA, sought to rectify the injustice done to Sattaur. 

For this country to move forward, we have to discourage character assassination and personal spite. And importantly, I would caution against any attempt to discredit and undermine the country’s main Revenue agency which is an inevitable consequence of the type of post we witnessed on Wednesday. 

Yours faithfully,

Christopher Ram 

GECOM Chair should seek to enable consensus on the way forward

This was Published on June 16, 2020

Dear Editor,

Fifteen weeks following the March 2, 2020 general and regional elections, it seems that the process is coming to a close. This is despite the release of two conflicting reports submitted to the Guyana Elections Commission within the space of two days: the first by the Chief Election Officer Keith Lowenfield who has a statutory function under the Representation of the People Act and the other by the CARICOM Scrutinising Team. Guyana owes a debt of gratitude to the three individuals who slogged away for thirty-three days without interruption or any sign of flagging to help restore trust in our electoral system. President Granger praised then as “the most legitimate interlocutor on the Guyana situation” and the members of the team as competent to produce work of an international standard. Granger publicly expressed the wish that he would like them to succeed.

It was clear that Keith Lowenfield went way outside of his remit as set out in the recount Order and made findings and conclusions that had no legal basis, even though his report was endorsed by no less a luminary than Attorney General Basil Williams. I want to believe that Lowenfield made an innocent mistake in failing to understand what a summary is or the scope of his report. Mr. Lowenfield is not an attorney and is probably not aware of the provisions of Article 163 which makes the High Court the exclusive arbiter of matters relating to elections. More troublingly however is that Lowenfield felt it was in his power to disenfranchise close to 275,000 voters or 60% of those who voted. He does not understand the principle of presumption of legality and the onus and burden of proof. Had he been better advised those legally elementary mistakes could have been avoided as well as the ridicule being thrown at him.

The CARICOM Scrutinising Team has now made his own report into a series of amateurish mistakes and it is now up to GECOM how to reconcile the two. Both reports are now being “deliberated on” by GECOM whose chairperson coincidentally is a retired judge. Despite the origin of their appointments, she and the other six commissioners are under oath to honour, uphold and preserve the Constitution. She more than they would recognise that they do have a fiduciary obligation to the electorate and to conduct themselves without fear or favour, affection or goodwill.

As it is the Commissioners are political appointees under an independent chairperson. It would be truly unfortunate and unhelpful to our democracy if the chairperson is forced to use a casting vote and it would go some way in restoring trust in the factions of the electorate if the chairperson can persuade her fellow commissioners to avoid a vote and rather come to an agreement by consensus. As a long-standing Judge she no doubt has years of experience in the adversarial court system and persuading rival sides to compromise. 

But there is one person who carries an even greater role and influence and that is the APNU+AFC Presidential candidate David Granger. The elections were hard fought but it is time to bring it to an end. It is in the nature of competitive politics that one side seeks to persuade the electorate that it is more deserving of their vote than the other side. While defeat is always painful, it must never be dishonourable and Granger will go a long way in restoring his credibility and the dignity of the high office he holds if he would call the PPP/C’s presidential candidate to congratulate him, wish him well but signify to him that the Opposition is a legitimate part of the head table called the National Assembly.

Granger must rest assured that all the young people whose voices came to the fore were fighting not for the PPP/C but for democracy.

The impending end of the electoral cycle solves only one of our country’s problems. We still have to deal with the coronavirus and now we are told that our Treasury is empty. The World Court will soon be engaged in our long-festering issue with Venezuela. Our differences should end at our borders and both President-elect Irfaan Ally and outgoing President Granger as nationalists must both work towards the preservation of our sovereignty and territorial wholeness.

There is a lot resting on the shoulders of the GECOM commissioners and they need to put political differences aside and put Guyana first. But with Granger rests the opportunity and the duty to place the national interest over partisan interest. 

Yours faithfully,


Christopher Ram

Lowenfield’s outlandish report can cost this country its democracy

This was Published on June 14, 2020

Dear Editor,

Forty years and one day ago, the people of Guyana witnessed the assassination of one of the country’s greatest sons, Dr. Walter Rodney, the inspirational voice of the WPA. The unmistakeable hands of PNC Founder Leader Forbes Burnham, through the instrumentality of the Guyana Defence Force, were found on the figurative trigger. What caused Burnham to proceed to such an extreme measure was that his series of rigged elections had been exposed internationally, much to his embarrassment. With the security of unchallenged power, Burnham and his PNC pursued policies which ruined the economy of the most resource-rich country of the Caribbean. It required the support of the Americans and the British to facilitate the return of democracy in Guyana. It required the intervention of the IMF, the World Bank and other donor agencies and countries to restore viability to the Guyana economy.

We seem destined for another assassination. This time not of a single or a few persons, but of a nation, of democracy, of the right to vote and to have that vote counted. In an act of extreme cynicism, historian David Granger and wannabe heir to the Burnham curse, chose the anniversary of Burnham’s assassination of Rodney to make his own mark on history.

In the culmination of a move by Granger four years ago to hijack the elections machinery by the unlawful installation of former judge James Patterson as the head of GECOM, the Chief Election Officer Keith Lowenfield gave Granger his wish by declaring that he could not ascertain that “the recount results meet criteria of fair, credible elections”. Here is a man who has been employed by GECOM for approximately two decades, who has supervised the spending of around fifteen billion dollars ($15 billion), admitting that he is incapable of carrying out his basic function. His incompetence however has implications beyond $15 billion. It will cost this country its democracy. 

From the top, there was Vincent Alexander who steered through the recount Order that made APNU+AFC agents into unsworn witnesses and Lowenfield the one-man tribunal. And there was the Deputy Elections Officer brought in by Patterson to carry out the `work’ from the inside with able assistance from Aubrey Norton and others from the outside. Of course, Lowenfield and his deputy were not short of cues from Granger and his paid defilers of democracy.

A cursory read of Lowenfield’s report could easily have been taken from Granger’s hymnbook. Just one night before Lowenfield chose to submit his report – he was working on it for an almost forty biblical days – Granger had told a radio interview that there were 7,929 instances of irregularities – approximately three per polling station – and that those directly affected the validity of 257,173 votes or more that 56% of the votes cast in the elections! This is precisely Lowenfield’s line as the following extract from his report shows:

“A total of eighty-six boxes stand affected due to a total of three hundred and thirty-eight anomalies and/or alleged voter impersonation. In other words, approximately 75% of all votes cast for general elections are associated with boxes that stand to be impacted due to either anomalies and/or voter impersonation. Specifically, 3% of the votes cast were impacted by anomalies, while 55% were impacted by voter impersonation, and 17% impacted by both anomalies/irregularities and voter impersonation”.

Lowenfield thinks that his outlandish findings that 56 out of every 100 votes have been tainted by impersonation are more credible than the outstanding work on Elections Day by all the GECOM officials, APNU+AFC officials, party officials and domestic and international observers. According to Lowenfield, APNU+AFC has 125,000 untainted votes while the PPP/C has 56,000 votes! In a mathematical act of insanity, Lowenfield is disenfranchising about six out of every ten voters. He was Granger’s man and like Gregory Smith did for Burnham, he has worked beyond the call of duty. Mingo is now the lesser of two mischief makers. He made the APNU+AFC the winner via a fraudulent declaration of Region 4. Lowenfield has made the APNU+AFC the winner based on the entire country. Based on Lowenfield’s report, his APNU+AFC actually earned more untainted votes than the PPP/C: 125,000 to 56,000. He has disenfranchised 60 per cent of the voters in the elections. Lowenfield was part of the Mingo fraud by elevating to the Commission Mingo’s fraudulent Region 4 declaration to which the world was exposed. Mingo’s place in the hall of infamy remains assured, now, Lowenfield has joined him, unmasking the real deal.

To show his unashamed bias, Lowenfield accepted without evidence or inquiry, every single allegation or challenge made by the APNU+AFC during the recount. At the same time, his report does not even acknowledge that the other contesting parties had objected to or rebutted many of those spurious and unfounded allegations. In fact, there are reports that many GECOM officials refused to include on the Observation Reports the rebuttals to the APNU+AFC’s made-up allegations. 

If GECOM Chair Claudette Singh does not intervene to stop Lowenfield’s inchoate attempt at assassinating elections in Guyana, Guyana will suffer from the absence of free and fair elections perhaps for decades to come. Unless she and her commissioners act to reverse Lowenfield’s finding, June 13’s claim for being a day of national disgrace in Guyana is doubly assured.

Yours faithfully,

Christopher Ram 

A movement once famous for its values and Rodneyite principles is now deeply involved in attempt to rig 2020 elections

This article was Published on May 24, 2020

Dear Editor

Today, the Working People’s Alliance will mark the 40th anniversary since its leader Walter Rodney was killed. A Commission of Inquiry (COI) found that he was murdered at the hands of the PNC and its agents. I was the WPA’s Counsel along with Moses Bhagwan (in absentia) and took my instructions from Tacuma Ogunseye, Jocelyn Dow, Dr. David Hinds, Desmond Trotman, Eusi Kwayana and to a lesser extent Dr. Rupert Roopnaraine. Despite the passage of more than thirty years, the evidence provided to me was no less compelling or riveting. In his evidence, Ogunseye told the COI that Mr. Burnham was prepared not to lose power at all costs, and that he was “prepared to do anything to maintain that power”. As the French would say, “plus ca change……”

There were stories of photographs of these persons and their cars featuring in a PNC issued Recognition Handbook; of Roopnaraine and Nigel Westmaas having to seek shelter from Burnham’s goons in the cane fields of West Demerara; of Burnham mockingly promising to send Rodney to the Olympics for outrunning those same goons; of Burnham’s wicked plot to recruit Gregory Smith to kill Rodney and then sending Smith by GDF plane to French Guiana; of the opportunistic issue of passports by the Immigration Department; of the attempted public murder of leading member Dr. Josh Ramsammy in which a top PNC strongman still with us was named by the WPA; and of the killings by Burnham’s police of leading WPA members including Ohene Koama and Edward Dublin. Incidentally I borrow the term “goon” from the WPA’s official publication Dayclean. 

But the WPA was not cowed and the courage of Andaiye, Bonita Bone, Dow, Karen De Souza, Hinds, Ogunseye and Roopnaraine and hundreds of unsung heroes, employed and unemployed, academics and labourers, men and women, young and old, all risking their lives for democracy, for Rodney, for each other and for Guyana will long be remembered. When Burnham thought he had covered all the tracks it was a simple woman – Pamela Beharry – who exposed the plot. It was as Dickens would say, the best of times and the worst of times.

I played a minor role in the WPA from 1986 to 2016 but was invited to meetings of the Executive of the Party. For several elections I was associated with fundraising for the WPA and for the 2015 elections specifically, Maurice Odle and I were responsible for fund raising while Kidackie Amsterdam and I were responsible for upgrading the WPA’s facilities in Queenstown and the preparation and distribution of the Party’s paper Dayclean. Both from my knowledge and observation, the WPA has departed from the high standards with which it has always been associated – a party of high principles. 

Having played a major role in the weakening and the eventual downfall of the Burnham dictatorship, the WPA has spent the last five years practising some of the very evils for which so many of its rank and file valiantly fought the dictatorship. Unfortunately, no sooner was it given executive power than it willingly accepted the direction that it should use its ministry (Education) and Department (SOCU) to find jobs for its supporters as the AFC was doing at Public Infrastructure and Information. In exchanging its principles for power, it willingly accepted disrespect and indignities from Granger who refused to practise power sharing in his Coalition, leaving the likes of David Hinds and Clive Thomas to fret continually. Despite Roopnaraine’s contribution of the best speeches in the 2015 election campaign, the WPA accepted the rejection of Roopnaraine’s appointment to the Environment Ministry on spurious grounds. I know this because I was a witness to those grumblings.

As time went by, the WPA became tolerant of corruption, incompetence and wastage on a scale unprecedented in Guyana. It witnessed the rapid decline of GuySuCo caused partly by the Granger Administration’s failure to follow the recommendations of a Commission of Inquiry of which Clive Thomas was a co-Chair and author of a major section of the report. It remained silent. Egregiously, the “Doctor” party appeared incapable of calculating the majority of 65 – all because of its embrace of jobs and perks.

I must say this: I have not heard of any accusations of financial improprieties being levelled against the party members in Government. On the other hand, none including Clive Thomas and Rupert Roopnaraine, both famous for their intellectual prowess, has stood out for competence or outstanding performance. Dr. Maurice Odle as Chairman of NICIL is another long-standing member and he will find it difficult to escape responsibility for the many failures of NICIL which bears a large share of the blame for GuySuCo’s near demise. 

The women of the WPA were always a formidable set of individuals including Andaiye, Bonita, Vanda and Danuta Radzik and Karen De Souza and individually and collectively made a tremendous contribution to the Party. It might be an overstatement to say they were a balancing influence in the WPA but it does appear that their departure many years ago weakened the Party. This was exacerbated by the departure from Guyana of a whole coterie of the Party’s leadership including Kwayana, Moses Bhagwan, Rohit Kanhai and Nigel Westmaas. I recall driving up to Buxton to pick up Kwayana the morning he left Guyana and of his dissatisfaction with  Ogunseye’s role in relation to the violence which had erupted on the lower East Coast.

A movement that was once famous for its values and Rodneyite principles is now deeply involved in the attempt to rig the 2020 elections. It has been silent on the attempt by the Region 4 Returning Officer to rig the elections in favour of the APNU of which the WPA was at one time the second largest party. Judging by their public roles, the leading active members of the Party are Desmond Trotman, Tacuma Ogunseye and David Hinds. The first holds the PNC line in GECOM, Ogunseye remains committed to the romantic notion of a liberation struggle and Hinds’ dismissal of elections moves him sharply away from the WPA’s embrace of multicultural relationships and free and fair elections and closer to the promotion of an increasingly strident brand of African rights.

Hinds as a political commentator and agitator can benefit from his other role – that of an academic. He should do some additional reading on democracy and elections and I strongly recommend to him Staffan Lindberg’s book “Democracy and Elections in Africa”, a passage of which was cited in a recent Malawi elections petition case. This is what Lindberg said:

“While there are many views on what democracy is – or ought to be – a common denominator among modern democracies is elections … But elections are also and more importantly an institutionalized attempt to actualize (sic) the essence of democracy: rule of the people by the people. Every modern definition of representative democracy includes participatory and contested elections perceived as the legitimate procedure for the translation of the rule by the people into workable executive and legislative power…”.   

The WPA in the pre-democracy era propounded and embraced as a foundational principle People’s Power which must surely recognise the will of the people expressed in their vote. Hinds wants to reject that vote – to destroy the ballot boxes. He wants power sharing but refused to engage me on a Globespan programme on his definition of power sharing. Hinds who is seen as a leading WPA spokesperson must recognise that Rodney’s party’s power sharing call arose in a pre-democracy era. The WPA subsequently supported inclusionary democracy in Articles 13 and 149 C of the Constitution. What WPA’s spokespersons, including Hinds, are now advocating is the abandonment of these Articles so that their party can stay in power – by any means necessary, to use Ogunseye’s words – as Burnham did from 1968 to 1985. 

And just as an afterthought, this power sharing call by Hinds and his colleagues only arose because the vote count showed his Coalition as losing the elections as confirmed by the recount. There are some truths which the WPA seems to want to avoid. That is not what Rodney stood for and was killed for. The WPA should let him rest in peace. I fail to see how they can now celebrate him.

Yours faithfully,

Christopher Ram