GECOM stalemate – Not a single judge or SC
Opposition Leader, Bharrat Jagdeo
Opposition Leader, Bharrat Jagdeo

…Jagdeo breaks precedence by not nominating a single legal luminary

President David Granger

It is the first time from since 1992 that the Opposition Leader here has submitted a list of persons to be selected as chairman of the Guyana Elections Commission without at least one of them being qualified as a judge or a senior counsel. And though Article 161(2) of the Constitution leaves room for a non-judge to be selected under the ‘fit and proper’ description it is the President who determines this, Attorney General, Basil Williams has said.

Amid the stalemate over the selection of a chairman, Opposition Bharrat Jagdeo on Tuesday requested an “urgent” meeting with President David Granger to reconcile “any differences of opinion which may exist” as it relates to appointing a new chairman.
On Monday, by way of a letter, President Granger informed Jagdeo that the six nominees submitted for the post are unacceptable and urged him to submit a new list. In his letter to the Opposition Leader, the President said that the CV’s of the persons whose names were submitted “do not seem to conform to the requirements of Article 161(2)” of the Constitution, which states that only persons who are Judges, qualified to be Judges, or former Judges of, either a court having unlimited jurisdiction in civil and criminal matter or, a court having jurisdiction in appeals from any such court.

However, the Opposition Leader in his response to the President on Tuesday noted that the President’s interpretation of the law is different from his [Jagdeo]. “In the circumstances, I hereby request that Your Excellency clarify what you interpret the qualifications are of the persons to whom Article 161(2) of the Constitution refers. I am of the considered view that an urgent meeting will immeasurably assist in reconciling any differences of opinion which may exist on this issue,” Jagdeo wrote.

In his response to the President, Jagdeo also took note of President Granger’s remarks at State House on Sunday, where he read Article 161(2) of the constitution, which states that only persons who are Judges, qualified to be Judges, or former Judges of, either a court having unlimited jurisdiction in civil and criminal matter or, a court having jurisdiction in appeals from any such court, can fill the post.

But according to Jagdeo, the very section of the constitution also speaks about “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.”

Interpretation flawed
Meanwhile, the People’s Progressive Party (PPP) of which Jagdeo is also the General Secretary is of the view that President Granger’s interpretation of Article 161(2) of the Constitution is flawed.

The opposition party also believes that the President’s rejection of the list of nominees submitted by Jagdeo is a rejection of the voices of the various organisations that were consulted by Jagdeo.

History of GECOM Chair
The statement further noted that a brief review of the history of those who have held the Office of Chairman of Elections Commission from 1992, under the current constitutional or a similar formula, illustrates that only Doodnauth Singh SC, possessed legal qualifications. All the others were deemed qualified under “the fit and proper person” category and according to the PPP, these persons include: Rudy Collins, a Career Diplomat; Edward Hopkinson, a Geologist; Joseph Singh, a retired Army General and Dr Steve Surujbally, a Veterinary Doctor.

“Significantly, Mr. Joseph Singh and Dr. Steve Surujbally, were appointed from lists submitted by the Opposition Leader, Mr. Desmond Hoyte, a Senior Counsel. Additionally, the following persons who do not possess legal qualifications were on lists submitted by Mr. Hoyte to the President for appointment as Chairman of the Guyana Elections Commission: Edward Hopkinson, Charles Liburd, Joe Singh, Dennis Craig, David Granger, Gem Fletcher and Harold Davis. It is to be noted that the last five names along with Justice Rudolph Harper, were the names submitted by Mr. Hoyte, to President Jagdeo in 2000. Only Mr. Harper, possessed legal qualifications on that list.”

However, the PPP did not state that in all of the lists submitted to the sitting President since the Carter formula was introduced in 1992, there was a former judge on it.
In 1991, then Opposition Leader Dr. Cheddi Jagan submitted the following list to then President Desmond Hoyte.

1. Ambassador Rudy Collins
2. Jules DeCambra
3. Joey King
4. Sir Edward Luckhoo
5. Bryn Pollard
6. David Yankana

Ambassador Rudy Collins was named GECOM Chairman by President Hoyte.

In 1995 when the tables had turned the then Opposition Leader Hoyte submitted the following list to then President Dr. Jagan.

1. Justice Rudolph Harper
2. Edward Hopkinson
3. Randolph Kirton
4. Ambassador Charles Liburd
5. Justice James Patterson
6. Doodnauth Singh

Mr. Singh was nominated by Dr. Jagan and sworn in as GECOM Chairman.

In 2000, Mr. Hoyte once again submitted a list to Mr. Jagdeo who had been elevated to the presidency. This list was as follows:

1. Prof. Dennis Craig
2. Harold Davis
3. Dr. Gem Fletcher
4. Brig. David Granger
5. Justice Rudolph Harper
6. Maj. Gen. (Rtd) Joe Singh

Maj. Gen. Singh was named as GECOM Chairman by Mr. Jagdeo.

After the resignation of Maj. Gen. Singh following the March 2001 elections, Opposition Leader Hoyte submitted another list to then President Jagdeo.

This list was identical to the one previously submitted, save for one change – Maj. Gen. Singh’s name was replaced by Dr. Steve Surujbally who was appointed GECOM Chairman by then President Jagdeo.

1. Prof. Dennis Craig
2. Harold Davis
3. Dr. Gem Fletcher
4. Brig. David Granger
5. Justice Rudolph Harper
6. Dr. Steve Surujbally

Justice Harper, a former Chief Justice, puisne judge and Justice of Appeal, features on all three lists submitted by Mr. Hoyte. In 1991, the list submitted by Dr. Jagan included attorneys-at-law, Edward Luckhoo and Bryn Pollard (who is also a former Chief Parliamentary Counsel) and Joey King. The only person with legal expertise in the list submitted Jagdeo is chartered accountant Christopher Ram who became a lawyer in 2009.

Jagdeo had submitted the names of the six nominees for the post of GECOM Chairman late last month, and said there were extensive consultations with civil society organisations before the party drew conclusions. Those recommended by the PPP/C were Governance and Conflict Resolution Consultant Lawrence Lachmansingh; Business Executive Ramesh Dookhoo; former Chief of Staff of the Guyana Defence Force, retired Major General Norman Mc Lean; Attorney-at-Law and Chartered Accountant, Christopher Ram; businesswoman Rhyaan Shaw; and former University of Guyana Vice Chancellor, Professor James Rose.

SHARE THIS ARTICLE :
Facebook
Twitter
WhatsApp
All our printed editions are available online
emblem3
Subscribe to the Guyana Chronicle.
Sign up to receive news and updates.
We respect your privacy.