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July 9 2019

Source

Opposition Leader Bharrat Jagdeo Monday night said he was prepared to nominate more persons for the post of Guyana Elections Commission (GECOM) Chairman, but threatened to pull out of talks with President David Granger if there is bad faith.

“We are acting in good faith but if the government does not act in good faith, then we will be put in a situation where we will have not to participate in this process,” Gail Teixeira told a news briefing.

Attorney-at-Law Anil Nandlall, who is one Jagdeo’s representatives in the talks, gave government an ultimatum for committing to consider Jagdeo’s nominees. “That does not augur well for the continuation of the process…we will not be persuaded that the government is acting in good faith”, he said.

Nandlall came very close to saying that Granger’s suggested names are aligned to the People’s National Congress Reform, the largest party in the governing coalition. “Look at those names of persons who are highly politically connected to the government,” he said.

The eight persons nominated by the Head of State are retired justices Stanley Moore and Claudette La Bennet, Economist Dr. Aubrey Armstrong, former PNC/R executive members Stanley Ming and Kaddim Khan, former GECOM Chairman (ret’d) Justice James Patterson, former Solicitor General, Kim Kyte and Georgetown Public Hospital Corporation (GPHC) Chairperson and Attorney, Kessaundra Alves.

Moore is a former Home Affairs Minister in the People’s National Congress (PNC) government, Armstrong had chaired an arbitration tribunal that had awarded huge salary increases to public servants.

Through his representatives—Juan Edghill, Gail Teixeira and Anil Nandlall—Jagdeo lamented Granger’s refusal to consider his 11 nominees but instead submitted eight names.

They accused the President of breaching last weekend’s agreement that he, through his delegation, would consider the Opposition Leader’s 11 nominees. Instead, Jagdeo’s representatives said Granger’s representatives said the President gave them no instruction to proceed with the 11.

“Without the President offering an objection where we could bring six of the eleven, we don’t see the need for eight other names,” Edghill said.

Teixeira and Nandlall lamented that Jagdeo’s nominees were dispatched to the Ministry of the Presidency since Saturday afternoon. They highlighted that the Opposition Leader is not constitutionally bound to give reasons for refusing names floated by the President. The Caribbean Court of Justice, in declaring Granger’s unilateral appointment of Patterson as unconstitutional, has said the President is obliged to give reasons in keeping with transparency and openness.

The two sides are due to meet again on Tuesday when they might consider all 19 names.

The Opposition Leader’s nominees are Annette Arjoon-Martins, retired Justice of Appeal B S Roy, Gerry Gouveia, Retired Major General and former GECOM Chairman Joseph Singh , Attorney-at-Law Kashir Khan, former Senior Magistrate, Krisndatt Persaud, Governance consultant Lawrence Lachmansingh, Retired Major General Norman McLean, Onesi La Fleur, and private sector executive Ramesh Dookhoo. Singh had resigned as a Presidential Advisor after President Granger had deemed him unfit and improper for the GECOM chairmanship.

Gouveia, Khan and Dookhoo are perceived in some circles as being too cozy with the Jagdeo-led opposition People’s Progressive Party (PPP).

Back in 2009, McLean and Sita Ramlall had been charged with forgery of documents purporting to represent the adoption of a female child. The United States embassy had picked up the alleged offence and had called in Guyanese police. Two years later in 2011, the charges were dismissed by then Magistrate, Fazil Azeez.

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Django posted:

July 9 2019,  Source

Attorney-at-Law Anil Nandlall, who is one Jagdeo’s representatives in the talks, gave government an ultimatum for committing to consider Jagdeo’s nominees. “That does not augur well for the continuation of the process…we will not be persuaded that the government is acting in good faith”, he said.

Perhaps, Granger and associates are completely unaware that it is the Leader of the Opposition who has the sole responsibility to submit a list of candidates for the GECOM Chairman.

ONLY when the Leader of the Opposition FAILS to submit a list of candidates, then the President can unilaterally name/select a Chairman.

Guyana Constitution -- Section 161 (1) & (2) ...

161 (1) There shall be an Elections Commission for Guyana consisting of a Chairman, who shall be a full time Chairman and shall not engage in any other form of employment, and such other members as may be appointed in accordance with the provisions of this article.

(2) 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 consultatal political parties 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.

FM

Demerara_Guy,

What's the need to plaster article 161 ?  there are no deviation.

From the list of names presented , the two groups will weed out the undesirables and come up with six names, which the Opposition leader will submit to the President. Further there is a probability the President and Opposition Leader will have discussions on the six names, where one will be chosen to head GECOM.

Django
Last edited by Django

Quite simply ....

1. Leader of the Opposition PERSONALLY submits the list of candidates.

2. President considers the list for selection of GECOM Chairman.

 Selecting/weeding out persons from the list may take place between the Leader of the Opposition and the President after the list is presented.

FM
Demerara_Guy posted:

Quite simply ....

1. Leader of the Opposition PERSONALLY submits the list of candidates.

2. President considers the list for selection of GECOM Chairman.

 Selecting/weeding out persons from the list may take place between the Leader of the Opposition and the President after the list is presented.

Of course he will !!!  and the President considers the list of six names, currently there are recommendations to arrive at the nomination of GECOM chairman, hence the current process of selecting six names from a pool of names,presented by the Opposition Leader and the President.

Django
Last edited by Django
Demerara_Guy posted:

President providing his individuals for the Leader of the Opposition to include in the list for eventual submission.

That was recommended and agreed by the Opposition Leader, due to the current debacle of nominating the GECOM chairman.

Django
Last edited by Django
Demerara_Guy posted:

Refer to the specific sections of the Constitution referenced above to see the approved process.

Constitution always rules.

Seems we are going around a circle, please read the Judgement from the CCJ.

Django
Demerara_Guy posted:

Quite simply ....

1. Leader of the Opposition PERSONALLY submits the list of candidates.

2. President considers the list for selection of GECOM Chairman.

 Selecting/weeding out persons from the list may take place between the Leader of the Opposition and the President after the list is presented.

Please cease with your nonsense.  If Jagdeo submits a list of criminals Granger is NOT under obligation to select one.

FM
caribny posted:
Demerara_Guy posted:

Quite simply ....

1. Leader of the Opposition PERSONALLY submits the list of candidates.

2. President considers the list for selection of GECOM Chairman.

 Selecting/weeding out persons from the list may take place between the Leader of the Opposition and the President after the list is presented.

Please cease with your nonsense. 

If Jagdeo submits a list of criminals Granger is NOT under obligation to select one.

If ... if ... IF ... your focus on IF ...

Process is simple, as succinctly stated ...

If the submitted candidates are not approved, President communicates the decision and the Leader of the Opposition needs to resubmit another list.

FM

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