Nominees for GECOM chairperson … Granger asks for new list, Jagdeo to “respond” today
Jan 10, 2017 , http://www.kaieteurnewsonline....eo-to-respond-today/
The Office of the Leader of the Opposition was officially notified yesterday by President David Granger to submit a new list of nominees for the position of chairperson of the Guyana Elections Commission (GECOM).
President David Granger
According to the office yesterday, it has received a correspondence from the Ministry of the Presidency, in which President Granger officially informed the Leader of the Opposition, Bharrat Jagdeo that, “the six nominees are unacceptable within the meaning of the constitution”.
The President urged that a new list of persons who are “not unacceptable” be sent for his consideration, Jagdeo’s office said in statement yesterday.
“The Leader of the Opposition will be responding to the President tomorrow (today) and this communication will be made public,” Jagdeo said in a terse statement.
The development would come after Sunday’s comments by President Granger that the six names submitted late last month did not meet constitutional requirements.
GECOM’s Chairman Dr. Steve Surujbally, who served over a decade and a half, signalled his intention to step down as at November 30th, with the process to find a replacement commencing almost immediately. However, the choice is turning out to be anything but “normal”.
After consultations with a number of bodies, including religious and business ones, Jagdeo sent in his list last month, which included a prominent critic and former army chief.
The submissions were Major General (retd.) Norman McLean; private sector official and executive at Banks DIH, Ramesh Dookhoo; accountant and lawyer, Christopher Ram; Dr. James Rose, a former lecturer of the University of Guyana and Director of the Department of Culture; and the lone female, Ryhaan Shah, an author from Berbice, who is said to also be the President of the Guyanese Indian Heritage Association and a columnist. She worked briefly as the General Manager of the then Guyana state television station, GTV.
The list also included Lawrence Latchmansingh, who has done consultancy works for the United Nations Development Programme (UNDP) and the United States Agency for International Development (USAID).
President David Granger then requested Jagdeo to submit the curriculum vitae of the persons.
Opposition Leader, Bharrat Jagdeo
On Sunday, during the now annual media brunch at State House, Granger made it clear that the list submitted by the Opposition was not of nominees who met the requirements, as it asked for by the Constitution of Guyana.
He cited the section of the law, Article 161 (2) which addresses the process of choosing the chairperson:
”Subject to the provisions of paragraph (4), the Chairman of the Elections Commission shall be a person who holds or who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge, or any other fit and proper person, to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the Leader of the Opposition after meaningful consultation with the non-governmental political partied represented in the National Assembly. Provided that if the Leader of the Opposition fails to submit a list as provided for, the President shall appoint a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge.”
Granger said Sunday that the section mentions the word ‘judge’ four times, indicating that it is a requirement, and since there were no judges among the names, the list is invalid.
“So the only thing about the list is that it comprises six names.”
Responding to Granger’s statements on Sunday was former Attorney-General and PPP Member of Parliament, Anil Nandlall, who said that this is the first time that a President has rejected such a list since the Carter Formula for the appointment of the Chairman of GECOM was initiated in 1992.
Recognising that the President has a discretionary power to appoint a GECOM Chairperson if the list is unacceptable, Nandlall said that he hopes the President has been advised that no discretionary power, irrespective of how untrammelled it may appear to be ex-facie, is absolute.
“The law dictates that every discretionary power must be exercised within certain parameters. Over the years, the judiciary has been swift in rejecting the notion that unfettered discretion exists in law and has condignly rejected any unreasonable, capricious, or whimsical exercise of a discretionary power.”
“It is clear that Article 161(2) of the Constitution contemplates two categories of persons. Firstly, a High Court judge or an Appellate Court judge, a former High Court or an Appellate Court judge. Secondly, any “fit and proper” person. However, from whichever category the persons come, they must be acceptable to the President.”
“I think we are witnessing the first clear signal of an intention to rig the next elections. I believe these machinations will continue until the President conjures-up an interpretation of the Constitution which permits him to unilaterally appoint a Chairman of GECOM. For the sake of our nation, I hope I am wrong.”
With the PPP losing power in 2015 following early elections and after 23 years in power, the choice of a chairperson for GECOM is turning into something of a battleground for the Coalition Government and the Opposition.
GECOM is an independent body that is charged with management general and local government elections in the country.