– stresses 5M fine for the offence and 3 years imprisonment if found liable
Attorney General and Minister of Legal Affairs Mohabir Anil Nandlall has taken note of the threats made by Opposition Leader Aubrey Norton to stop persons who speak a foreign language from voting, thereby illegally interfering in the electoral process.
The AG said on Tuesday that this utterance by the opposition leader was a threat of “a serious offence”.
Minister Nandlall said the that it was solely within the mandate of the constitutional body, the Guyana Elections Commission (GECOM) to determine who is eligible for registration, once they meet the criteria established by the Constitution.
According to the minister, Norton’s threats must be taken seriously because of the events of the last 2020 elections when APNUAFC Administration attempted to rig the general election, using all forms of elections skullduggery.
The AG noted that Norton appeared to be encouraging polling agents to prevent any non-English speakers, irrespective of their voting eligibility, from casting their ballots.
“This is the height of recklessness and irresponsibility and anyone who lends themselves to this process will face the full brunt of the law” the minister said while speaking on his weekly social media programme, “Issues in the News”.
The AG made it clear that presiding officers are also liable to be charged for these and similar offences since they are in charge of the polling station, and if they do not take steps to advert criminal conduct, they will also be held liable and could be prosecuted.
Sections 78a and 78b of Guyana’s amended Representation of the People Act (ROPA) clearly state that anyone who interferes with a person’s right to vote or purposely misleads a voter, is eligible to face serious legal consequences including a fine of up to five million dollars together with a prison term of three years.
These sections further state that for a period of five years after being convicted offenders are barred from voting or being elected to any elective position.
Further referencing the law, Minister Nandlall pointed out that “ROPA specifically provides for persons who can’t speak English to use the aid of an interpreter to vote.”
Minister Nandlall said the Act was amended as a pre-emptive action against predictable threats such as these.
The minister also explained that the constitution permits Commonwealth citizens residing in Guyana for one year the ability to vote regardless of their fluency in English.
Considering these legal provisions, Norton’s threats of deferring voters who do not speak English, are considered illegal and not in line with democratic principles.
As elections season comes nearer, Minister Nandlall encourages Norton to retract his statement and apologize for undermining the free and fair nature of democratic elections.