majority, held that under Article 177(4) it was entitled to entertain the Application.
In their reasons delivered orally, Reynolds J took the view that a new election
regime had indeed been created by Order 60; that the Constitution established
separate elections for members of the National Assembly on the one hand and, on
the other hand, the election of the person deemed to be President; and that Order
60 required that both a quantitative and qualitative assessment of the reports and
the summary of observations be submitted to the Commission. Gregory JA found
that Order 60 had sufficient force to impact the interpretation of the words in Article
177(2(b) of the Constitution. Both judges concluded that the words in Article
177(2)(b) that referred to ‘more votes are cast’ must be interpreted to mean ‘more
valid votes … cast within the meaning of Order 60’.12 Although in their written
opinions received by the Court on 30 June the words ‘within the meaning of Order
60’ are omitted, Gregory JA nevertheless held that the words ‘if more votes are
cast’ are ‘subject to the terms of Order 60’.13 Both judges ordered that ‘the words
“more votes are cast” in Article 177(2)(b) … must be interpreted to mean “more
valid votes are cast” in relation to the March 2, 2020 Elections’ (emphasis added).14
It is on the basis of this presumed need for interpretation of the Constitution that
the majority assumed jurisdiction in this matter under Article 177(4) of the
Constitution.
[16]
Persaud JA dissented from his colleagues in the majority. He held that the Court of
Appeal did not have jurisdiction to entertain Ms David’s Application. He
considered that Parliament had not made any provisions ‘for giving effect to the
provisions’ of Article 177(4), as required by Article 177(5). His further opinion was
that no genuine question was raised in the Application concerning the validity of
the election of the President. The Application was also premature because Article
177(4) contemplates that before it can be triggered there should be an elected
President. In any event, the jurisdiction to embark on an evidence-based assessment
12
See Transcript of Proceedings, David v Chief Elections Officer (Guyana CA, Civil Appeal No 41 of 2020, Gregory and Persaud JJA
and Reynolds J, 22 June 2020).
13
David v Chief Elections Officer (Guyana CA, 22 June 2020) [34] (Gregory JA).
14
David v Chief Elections Officer (Guyana CA, 22 June 2020) [37] (Gregory JA); David v Chief Elections Officer (Guyana CA, 22 June
2020) [102] (Reynolds J).