— nominates Teixeira, Nandlall to represent him during negotiations

LEADER of the Opposition, Bharrat Jagdeo, re-submitted 11 names to the Ministry of the Presidency for consideration for the chairmanship of the Guyana Elections Commission (GECOM), from the three lists of 18, he had originally submitted.

The names of the 11 nominees were submitted on Saturday in a fresh round of consultation for the nomination and appointment of a chairman of GECOM following the Caribbean Court of Justice’s (CCJ’s) landmark ruling that the appointment of Justice (ret’d) James Patterson, in October 2017, was flawed.

During a high-level meeting last Thursday, President David Granger and the Opposition Leader agreed that the latter can submit names from the three lists of 18, which were rejected before the appointment of Justice Patterson. It was also agreed that their respective technical teams would hammer out the names of persons for the post of GECOM chair before the Opposition Leader formally submits a list of six nominees to the President in accordance with Article 161 (2) of the Constitution.

In a letter, seen by Guyana Chronicle, addressed to the Director General of the Ministry of the Presidency on Saturday July 6, 2019, Opposition’s Spokesperson, Gail Teixeira, on behalf of the Opposition Leader, presented an “appropriately adjusted” list of names for consideration.

Those nominees are: Conservationist, Annette Arjoon-Martins; retired Justice of Appeal, B.S Roy; Chairman of the Private Sector Commission (PSC), Gerry Gouveia; retired Mayor General, Joseph Singh; Attorney-at-Law, Kashir Khan; former Senior Magistrate, Krishnadatt Persaud; conflict resolution specialist, Lawrence Latchmansingh; retired Major General, Norman McLean; Onesi La Fleur, PSC executive Ramesh Dookhoo; and retired Puisne Judge, William Ramlall.

“The Ministry of the Presidency would already have the Curriculum Vitae (CVs) for each nominee on record since the Opposition Leader submitted these in 2017,” Teixeira told Harmon in her correspondence.

The Opposition spokeswoman said Jagdeo nominated her and Attorney-at-Law Anil Nandlall to consult with the President’s team during the period of consideration.

“With regards to the establishment of a smaller group to meet, I wish to inform you that the Opposition Leader has selected two persons – myself, Gail Teixeira, and Anil Nandlall, M.P., to represent him in these discussions. We look forward to the submission of the President’s selection of his representatives as soon as possible,” Teixeira informed the director-general.

WILLINGNESS TO MEET
She indicated the Opposition Leader’s willingness to meet with President Granger at any time, noting that he is prepared to join the smaller group meetings, if required.

“In conclusion, I reiterate our hope, and particularly that of the Leader of the Opposition, that the meeting between the Government and the Opposition will commence on Monday July 8, 2019,” Teixeira said.

Article 161 (2) of the Constitution states that the Commission’s chairman “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 parties represented in the National Assembly.”

President Granger last Thursday recommitted to appointing a Chairman for Elections Commission in keeping with the requirements of the Constitution. He also committed to adhering to the guidelines outlined by the CCJ in its landmark ruling on the appointment of a chairman for GECOM, which requires consultation not only with the parliamentary Opposition parties but with the President and the Opposition Leader before a formal submission of six names is made to the President.

In October 2017, President Granger had appointed Justice (ret’d) Patterson, Chairman of the Elections Commission after he had found that the three lists of 18 names submitted by the Opposition Leader were unacceptable to him. He had activated the proviso within Article 161 (2).

“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 of who is qualified to be appointed as any such judge,” a section of Article 161(2) states, placing in the hands of the President, the power to appoint a chairman of GECOM outside of the list provided by the Opposition Leader, once that list is unacceptable.

NO ARBITRARY REJECTION
However, President of the CCJ, Justice Adrian Saunders, in handing down the ruling, said the President could not have rejected the lists because they were simply unacceptable to him.

“In our view, employment of the double negative, ‘not unacceptable’, signals that an onus is placed on the President not to find a nominee unacceptable merely because the nominee is not a choice the President would have himself made. By a majority, the court found, the President should only find a nominee unacceptable for some good reason on objective ground,” Justice Saunders said.

He explained: “If a President were permitted, capriciously or whimsically, without proffering a good reason, to reject eligible nominees, this would frustrate the proper working of the Constitution, defeat the intention behind the amendment to Article 161(2) and pave the way for unilateral presidential appointment.”

According to the CCJ, the President and the Opposition Leader ought to have met prior to the submission of the list, and consulted on names, noting that such a move would have allowed for consensus and the submission of a list of six persons who would have reached the eligibility requirements.