CJ to rule on ‘residency of voters’ case on March 28

Chief Scrutineer of the People’s National Congress Reform (PNCR) Carol Joseph in December 2024 filed an application in the High Court seeking to repeal amendments to the National Registration Act which removed the requirement of residency for citizens to vote.

Arguments were presented before Chief Justice (ag) Roxane George on Monday. Joseph is represented by Attorney Dexter Todd while the State is represented by Attorney General Anil Nandlall.

During his weekly programme “Issues in the News”, Nandlall explained that the amendments to the law sought to “bring the law in conformity with the constitution.”

He noted that though the Constitution was changed in 1980, the law was amended until 2022. Prior to these changes, the Guyana Elections Commission (GECOM) removed names from the National Register of Registrants (NRR) or halted the registration process if address verification failed.

“It is settled law that the constitution does not require a person to be resident in Guyana to be qualified to vote or qualified to register. That was changed in 1980. Prior to that, you had to have been resident in Guyana,” the Attorney General explained.

He pointed out that a ruling in favour of Joseph will return the law to its previous state.

“We changed the law and the lawyer is asking the court to interpret the law that we just changed so it can read what it was before the change. The lawyer is inviting the court to repeal what parliament just enacted…again that is a demonstration of these people’s mentality, nothing they can do right,” he contended.

Joseph wants proof of residency to be required when registering to vote. Among other things, Nandlall submitted to the court that this amounts to a judicial review of the constitution, a power the court lacks.

The Chief Justice is expected to deliver her decision on March 28.