Fisher v. GECOM -The State’s Procedural Defense: When Legal Technicalities Trump Democratic Access

The Attorney General’s response to the Fisher v. GECOM case reveals a troubling preference for procedural barriers over democratic participation. In submissions filed September 24, 2025, the state’s legal team advances arguments that, while technically sound, fundamentally undermine the constitutional promise of inclusive democracy that should define modern Guyana [6]. Rather than addressing the core democratic deficit identified in our previous analysis—that 120,000 Guyanese voters were denied their full electoral menu—the Attorney General seeks to dismiss the case on jurisdictional grounds, effectively silencing legitimate concerns about ballot access without substantive consideration [5, 6].

The government’s primary strategy centers on a jurisdictional challenge that would prevent the Court of Appeal from even hearing the merits of the democratic inclusion arguments. By invoking Article 163 of the Constitution, the Attorney General contends that only the High Court, sitting as an elections court, can adjudicate such matters [1, 6]. This approach represents a concerning retreat from judicial oversight of electoral practices. While the Constitution establishes specialized election jurisdiction, the rigid interpretation advanced by the state would create an impermeable barrier to the constitutional review of electoral decisions that affect fundamental voting rights. The practical effect would be to insulate GECOM’s decisions from meaningful appellate scrutiny, precisely when such oversight is most needed to protect democratic participation.

The Attorney General’s revelation that the Forward Guyana Movement failed to submit candidate lists for Districts 7, 8, and 9 exposes a critical flaw in Guyana’s electoral framework rather than justifying the exclusion [6]. The state argues that FGM “excluded themselves” by not complying with Section 11B of the Representation of the People Act, but this perspective ignores the broader constitutional imperative for proportional representation “throughout Guyana” as mandated by Article 160 [1, 6]. The current system creates an artificial connection between geographic candidate lists and national proportional representation, effectively disenfranchising voters based on their location. A party approved for national elections should not be able to deny voters in specific regions the opportunity to support that party’s national platform simply by choosing not to field local candidates.

The government’s strict interpretation of statutory law fundamentally misunderstands the relationship between electoral procedures and constitutional rights. While the Attorney General correctly notes that political participation requires compliance with legal frameworks, this compliance should facilitate rather than restrict democratic access [6]. The Representation of the People Act should be interpreted in harmony with the constitutional principles of equal suffrage and proportional representation, rather than as a mechanism for creating geographic voting inequalities. When statutory requirements conflict with constitutional guarantees of democratic participation, the Constitution must prevail.

Most concerning is the state’s apparent indifference to the democratic consequences of its position. The Attorney General’s submission treats the exclusion of 120,000 voters from their preferred electoral choice as merely a technical matter of party compliance, ignoring the fundamental principle that democracy is strengthened when more voices are heard, not fewer [6]. This perspective reflects a cramped view of constitutional democracy that prioritizes administrative convenience over citizen participation. The government’s argument that affected voters “still have a choice of other parties on the ballot” fundamentally misses the point that meaningful democracy requires access to the full spectrum of approved political options, not just those that happen to meet arbitrary geographic requirements.

The international context further undermines the state’s position. The International Covenant on Civil and Political Rights, to which Guyana is bound, requires that electoral systems avoid “unreasonable restrictions” on voting rights [4]. The current practice of excluding nationally approved parties from regional ballots based on candidate list submissions appears to constitute precisely such an unreasonable restriction. Democratic best practices worldwide emphasize expanding ballot access rather than contracting it, recognizing that robust democracy depends on maximizing voter choice rather than minimizing it.

The Attorney General’s reliance on precedents about statutory appeals and jurisdictional limits, while legally relevant, sidesteps the fundamental constitutional questions at stake [6]. Cases like Chung v AIC Battery and Healey v Ministry of Health address technical questions of appellate jurisdiction but do not address the broader democratic principles that should guide the interpretation of electoral law. The state’s heavy reliance on such precedents suggests a preference for legal formalism over substantive constitutional analysis, an approach that ill-serves Guyana’s democratic development.

Perhaps most troubling is the government’s failure to propose any solution to the democratic deficit its position creates. Even if the current electoral framework technically permits the exclusion of parties from regional ballots, the state offers no vision for how Guyana might evolve toward a more inclusive system that honors both constitutional principles and practical electoral administration. The absence of constructive engagement with democratic reform suggests a concerning level of satisfaction with the status quo, regardless of its impact on citizen participation.

The Fisher v. GECOM case ultimately presents a choice between two visions of Guyanese democracy. The appellant’s position, despite its legal vulnerabilities, suggests a more inclusive system where constitutional principles of equal suffrage and proportional representation are fully implemented. The state’s response, while procedurally defensible, represents a retreat from democratic ambition that prioritizes administrative convenience over citizen empowerment. For a nation committed to widening the circle of democracy, the choice should be clear: electoral laws must serve democratic participation, not constrain it.

The Court of Appeal now faces a critical decision that will define the trajectory of Guyanese democracy. It can embrace the narrow, procedural interpretation advanced by the state, effectively immunizing electoral exclusions from constitutional review. Alternatively, it can recognize that true democratic inclusion requires electoral systems that maximize, rather than minimize, citizen choice, even when such systems challenge existing administrative practices. The stakes extend far beyond the immediate parties to encompass the fundamental question of whether Guyana’s democracy will expand to embrace all its citizens or contract to serve only those fortunate enough to live in the right constituencies.

References

1. Constitution of the Co-operative Republic of Guyana, available at: https://www.constituteproject.org/constitution/Guyana_2016
2. INews Guyana, “Not GECOM’s fault FGM did not submit lists for all regions; no legal breach detected – lawyer argues,” August 26, 2025, available at: https://inewsguyana.com/not-gecoms-fault-fgm-did-not-submit-lists-for-all-regions-no-legal-breach-detected-lawyer-args/
3. Guyana Chronicle, “High Court throws out FGM’s challenge to ballot exclusion,” August 29, 2025, available at: https://guyanachronicle.com/2025/08/29/high-court-upholds-gecoms-decision-to-exclude-fgm-alp-from-ballot-in-some-regions/
4. International Covenant on Civil and Political Rights (ICCPR), Office of the United Nations High Commissioner for Human Rights, available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
5. Filed Written Submissions by the Appellant, Krystal Hadassah Fisher v. The Guyana Elections Commission (GECOM) and The Attorney General of Guyana, Court of Appeal Civil Appeal No. 126/2025
6. AG’s Submissions on Jurisdiction, Krystal Hadassah Fisher v. The Guyana Elections Commission (GECOM) and The Attorney General of Guyana, Court of Appeal Civil Appeal No. 126/2025, September 24, 2025.

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