The President is out to appoint a Gecom Chairman of his choice
Jun 16, 2017 , http://www.kaieteurnewsonline....irman-of-his-choice/
Dear Editor,
The identification and selection of a suitably qualified and competent individual to serve as Chairman of the Guyana Elections Commission (Gecom) must concern all Guyanese regardless of their political preference. We must ensure that the electoral wrongs of the 1970s and 1980s are never repeated and the political and democratic gains of the period October 1992 to May 2015 are not undermined or jeopardized.
Section 161(2) of our revised Constitution clearly sets out the eligibility requirements and the process that must be followed in the selection of the individual who will have to shoulder the responsibility of overseeing Guyana’s electoral machinery and personnel.
Any attempt to undermine the process as set out in the Constitution would only undermine public confidence in the fairness of future elections regardless of assurances that they were transparent. This can result in political chaos. No amount of political machinations must be allowed to cloud or corrupt the clear language of the Constitution. Where clarity is needed, it is the Court that must provide that clarity.
Much has been said and written with respect to President Granger’s rejection of twelve (12) Nominees submitted on two lists which the Leader of the Opposition Cde Bharrat Jagdeo submitted to him. Indeed, the President’s announcement that he rejected the Opposition Leader’s first list because the constitutional preference is for a judge or former judge has been considered unacceptable by a majority of Guyanese. Our constitution does not limit the eligibility requirement to a judge or former judge or someone with judge like attributes, but allows also for the consideration of “Any other fit and proper person”.
No specific reason has been advanced by the President for his rejection of the second list of nominees which the Opposition Leader submitted. It could only be assumed that the second list also did not meet ‘the characteristics” of the Gecom Chairman as outlined by the President, characteristics that definitely go outside those set out in the Constitution.
Mr Jagdeo’s second list of nominees came out of extensive consultation with civil society, though not a requirement of our Constitution, but in the interest of our democracy. It does include several former judges and a practising attorney at law, all of whom were obviously rejected by the President as being unsuitable.
Many believe that the President will reject every list submitted by the Opposition Leader irrespective of the qualifications, experience and attributes possessed by the candidates proposed by Mr Jagdeo; as the President has already identified his own candidate and is determined to unilaterally appoint him/her as Gecom Chairman. But the President must knowthat his rejection of the twelve Guyanese proposed by the Opposition Leader as being fit and proper to hold the position of Gecom Chairman brings the character and reputation of these prominent and respectable Guyanese into question; even as it brings into question the discretion, utility or futility of submitting a third list. The President must prove us wrong.
The process and arrangement for selecting and appointing the Gecom Chairman has worked well from 1992 until now. Ambassador Rudy Collins, Senior Counsel Mr Doodnauth Singh, Major General (retd) Joseph Singh and Dr Steve Surujbally were all selected and appointed following this process. All were on lists of nominees submitted by the PNC/R when in opposition. None of them was a serving or former judge while two of these lists did include the name of David Granger; not a judge or former judge or person possessing judge-like qualities.
There is no guarantee that a third list would identify the unique heavenly candidate that the President seeks. If the stalemate in the appointment of the Gecom Chairman does lead to the unilateral appointment of a Chairman of the Guyana Elections Commission, all that thousands of the Guyanese people have successfully fought for and won in terms of electoral gains will be placed in serious jeopardy. Even now I ask myself what is the motive behind the government’s determination to reinterpret specific sections of the Constitution, more especially the sections that deal with election matters.
The President’s intent is obviously to unilaterally appoint a Chairman of his choice to head Gecom. Furthermore, he may have, in all probability, identified this person. But it must not be that the President can simply reject the names and the recommendations of the Leader of the Opposition arising out of the several consultations with civil society and choose and appoint someone of his choice without offering some explanation re his refusal to concur with the choice of the opposition. Do you not think Mr President that the Guyanese people deserve an explanation?
No President from Hoyte to Ramotar has refused to name someone from the list submitted by the opposition. In fact, they all went through the process of appointing a Chairman of Gecom with relative ease; within the spirit and intent of the framers of the Constitution and devoid of any conflict. In the process, the expectations of a majority of the Guyanese people were met.
And so even the assurance of the Minister of State Joseph Harmon that ‘the General and Regional Elections scheduled for 2020 will be conducted as required by the Constitution of Guyana’; does very little to allay the fears and concerns of the Guyanese people that the constitutional Office of Chairman of the Guyana Elections Commission be filled with some urgency; as the work of the Commission was being stymied.
We owe it to ourselves and our children to ensure our Constitution is followed. At present Mr Granger has only succeeded in arousing the suspicion of a significant number of the Guyanese voters with respect to his intention and agenda on this important electoral matter.
The Opposition Leader’s acquiescing to again engage civil society with a view to preparing and submitting to the President a third list of Nominees must be seen as a determined effort by him to keep the wheels of our democracy turning; notwithstanding the fact we are running out of choices among those qualified and interested in the Office of Chairman of Gecom.
Even now the ‘assembling of a high level team representing the President and the Leader of the Opposition to explore modalities to bring a resolution to the matter in the event that the third list is rejected’ offers very little hope. I am concerned that those who presided over the political and the concomitant social and economic chaos of the 1970s and 1980s and who now seem to be positioning themselves to return for ‘a long haul’ are denied that opportunity.
Norman Whittaker
