Fisher v. GECOM-The Uncontested Vote: A Constitutional Challenge to Guyanese Democracy

A legal battle with profound implications for the future of Guyanese democracy is currently before the nation’s highest courts. The case, Krystal Hadassah Fisher v. The Guyana Elections Commission (GECOM) and The Attorney General of Guyana, challenges a long-standing electoral practice that prevents citizens in certain regions from voting for political parties that have been approved to contest national elections [1]. At its core, the appeal argues that this practice contravenes the fundamental principles of equal suffrage and proportional representation enshrined in Guyana’s Constitution. The outcome of this case could reshape the country’s electoral landscape, either by reinforcing the existing system or by widening the circle of democracy to ensure that every Guyanese citizen, regardless of their geographic location, has an equal voice in the nation’s future.

The controversy centers on what the appellant’s legal team describes as an “electoral menu” problem. As Dr. Vivian M. Williams argued in his written submissions, “some voters in Guyana are not being presented with the full electoral ‘menu’ because of where they live, despite the Constitution guaranteeing equal suffrage and nationwide proportional representation” [5]. This metaphor captures the essence of the democratic deficit at the heart of the case. While some Guyanese voters can choose from all six approved political parties, others are limited to only four or five options based solely on their geographic location.

The legal challenge brought by Ms. Krystal Hadassah Fisher, a candidate on the national list for the Forward Guyana Movement (FGM), centers on the interpretation of Guyana’s Constitution and electoral laws. The case arose after GECOM excluded FGM and another party, the Assembly for Liberty and Prosperity (ALP), from the ballots in several administrative regions where they had not submitted lists of candidates to contest for Regional elections. This exclusion affected a significant number of voters, with an estimated 49,522 electors in Regions 7, 8, and 9 being unable to vote for FGM. A total of approximately 120,000 voters across all affected regions and parties were denied the opportunity to vote for the party of their choice for National Geographic seats. The appellant’s legal team, led by Dr. Vivian M. Williams, argues that this practice violates several articles of the Constitution, including the right to vote, the principle of proportional representation, and the protection against discrimination. The government, represented by the Attorney General, contends that GECOM’s actions were lawful and that the parties excluded themselves by failing to comply with the requirements of the Representation of the People Act (ROPA).

The High Court, in a ruling on August 29, 2025, dismissed the challenge, finding that GECOM had acted lawfully. The court’s decision is now under appeal, and the case will be heard by the Court of Appeal of Guyana. The outcome of this appeal will have significant implications for the future of Guyana’s electoral system and the ability of all Guyanese citizens to participate fully in the democratic process.

The Democratic Deficit: Inclusion, Proportionality, and the Right to a Meaningful Vote

The legal arguments in the Fisher case raise fundamental questions about the nature of democracy in Guyana. The country’s Constitution, in Article 13, explicitly states that the “principal objective of the political system of the State is to establish an inclusionary democracy.” This principle of inclusion is at the heart of the appellant’s case, which argues that excluding any approved political party from the ballot in any region of the country creates a democratic deficit. The practice, in effect, creates a two-tiered system of citizenship, where some Guyanese have a greater say in the governance of their country than others. This is not just a matter of abstract legal theory; it has a real and tangible impact on the lives of the approximately 120,000 voters who were denied the opportunity to vote for their preferred party in the recent elections.

The principle of proportional representation, which is enshrined in Article 160 of the Constitution, is also at stake in this case. Proportional representation is a system designed to ensure that the composition of the legislature reflects the diversity of political opinion within the electorate. By excluding certain parties from the ballot in specific regions, GECOM is distorting the principle of proportionality and making it more challenging for smaller parties to secure representation in the National Assembly. This is particularly concerning in a country like Guyana, where there are deep-seated ethnic and political divisions. A truly proportional system would help to ensure that all voices are heard in the political process, not just those of the largest parties.

The international legal framework for democratic elections also supports the appellant’s arguments. The International Covenant on Civil and Political Rights (ICCPR), to which Guyana is a signatory, guarantees the right to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage [4]. Article 25 of the ICCPR explicitly requires that every citizen shall have the right to participate in the conduct of public affairs and to vote in genuine periodic elections without unreasonable restrictions. The practice of excluding parties from the ballot in certain regions appears to constitute such an unreasonable restriction, particularly when it affects over 120,000 voters.

The appellant’s legal team has also cited significant jurisprudence from Guyana’s own courts that supports their position. In Esther Perreira v Chief Election Officer (1998), Justice Singh emphasized that “the right to vote is a constitutionally guaranteed right, and any statutory provision that derogates from or dilutes rights conferred by the Constitution” must be strictly construed in favor of the elector [5]. Similarly, in Ram v Chief Elections Officer (2019), Chief Justice George affirmed that “the right to be registered to vote and the right to vote are sacrosanct and fundamental,” noting that this right is “more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live” [5].

The constitutional analysis becomes even more compelling when examining Article 160’s specific language, requiring that votes be cast “throughout Guyana” in favor of lists of candidates. The appellant argues that this phrase must be given its “ordinary and natural meaning,” which would require that electors everywhere in the country must be able to vote for the same set of approved lists. The current practice effectively fragments the franchise into ten unequal compartments, undermining Article 160’s explicit requirement that proportionality be assessed based on votes “throughout Guyana,” not just within individual geographic constituencies [5].

A Crossroads for Guyanese Democracy

The Fisher v. GECOM case represents a critical juncture for Guyana. The nation stands at a crossroads, with one path leading toward a more inclusive and representative democracy, and the other toward a system that perpetuates geographic and political exclusion. The Guyana Business Journal believes that the path of inclusion is the only one consistent with the nation’s constitutional principles and its international obligations. The arguments presented by the appellant offer a compelling vision of a more democratic Guyana, where every citizen, regardless of their location, has an equal opportunity to participate in the nation’s political life. We urge Guyanese to seize this opportunity to expand the circle of democracy in Guyana and ensure that the country’s electoral system more accurately reflects the will of its people.

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

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