The Merits of the Appeal
(a)
[36]
The Electoral System
Guyana boasts a hybrid presidential system.28 The system is based on proportional
representation. Parliament consists of the President and the National Assembly.29
When there is an election, the Constitution provides for the casting of a single ballot
by an elector. Persons vote for the election of the members of the National
Assembly.30 Ballots are cast by eligible electors in favour of lists of candidates
vying for seats in the Assembly.31 Each elector’s single vote may be cast in favour
of any of such lists.32 Each list of candidates shall designate not more than one of
those candidates as a Presidential candidate.33 No separate ballot is cast for any
Presidential candidate. Up to the time a Presidential candidate is declared to be the
President, save that such a person is designated as a Presidential candidate, that
person’s status is essentially hardly different from that of any other candidate
contesting a seat for the National Assembly. An elector voting at the election in
favour of a list is deemed to be also voting in favour of the Presidential candidate
named in the list. 34 Thus, an elector’s single ballot serves to determine both election
of members to the National Assembly and also election of the President.
[37]
The Presidential candidate on the list for which more votes have been cast than any
other list is deemed to be elected as President, and the Chairman of GECOM must
so declare35. Both the allocation of seats in the National Assembly36 and the
identification of the successful Presidential candidate37 are determined on the sole
basis of votes counted and information furnished by returning officers under the
Representation of the People Act.
28
See Tracy S Robinson, Arif Bulkan and Adrian Saunders, Fundamentals of Caribbean Constitutional Law (Sweet & Maxwell 2015112
et seq.
29
Constitution (n 1), art 51.
30
Constitution (n 1), art 60.
31
Constitution (n 1), art160(1)(a).
32
Constitution (n 1), art 160(1)(b).
33
Constitution (n 1), art 177(1).
34
ibid.
35
Constitution (n 1), art 177(2)(b).
36
RPA (n 8), s 96(1).
37
Constitution (n 1), art 177(2).