INTERPRETATION of the law surrounding the appointment of a chairman for the Guyana Elections Commission (GECOM) should be done by the Caribbean Court of Justice (CCJ), Opposition Leader Bharrat Jagdeo has contended. 

Jagdeo was mandated by law to submit a list of six names not found to be unacceptable by the President who has the final decision to make.

But having submitted his first list last month, Jagdeo’s nominees failed to find favour with the President who said that the list was “unacceptable.”

Jagdeo has nominated History Professor James Rose and Indian rights activist Rhyaan Shah, both of whom have openly supported the opposition party; along with Attorney-at-Law and Chartered Accountant, Christopher Ram; Governance and Conflict Resolution Specialist, Lawrence Lachmansingh; retired Major- General, Norman Mc Lean; and Business Executive, Ramesh Dookhoo.

On Sunday, President Granger told journalists at a media brunch that the qualifications of these six people do not match the criteria as set out in the Constitution of Guyana.

“The list that was sent to me was unacceptable,” he told members of the media
Article 121 (2) of the Constitution states that, “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 parties represented in the National Assembly.”

According to Jagdeo at a press conference at Freedom House on Thursday, the intent of including “or any other fit and proper person” in the act, was to broaden the category from which the chairperson could be nominated and subsequently appointed.

CLEAR
“The President said the Constitution is quite clear and it is clear to me too, that outside of judges, others can be appointed to the post,” Jagdeo said.

He argued that previous practice will also show that this definition was understood in the manner he describes, since several past Presidents, including Desmond Hoyte, SC, had submitted four lists comprising individuals who were not judges or did not have the qualifications to become a judge.

The Opposition Leader pointed out too that President David Granger himself, even at one point in time, had accepted nomination by Hoyte, even though he (Granger) was not from the legal fraternity.

President Granger has since said regardless of what had obtained in the past, the responsibility is now vested with him as President of Guyana and the provisions of the Constitution will be followed.

He noted that any breaches that may have occurred in the past must not be allowed to persist.

“So the point is, even if the Constitution had been breached, or a nomination been made in breach of the Constitution — 10 or 20 years ago — there is no need to repeat it, so that’s not a precedent. I am accepting now as President that the constitutional provisions must be applied,” the Head of State said on Wednesday.

And having his list rejected by the President, Jagdeo said he has written to the Ministry of the Presidency, seeking clarity on what constitutes “fit and proper.”

Jagdeo said he has also requested an “urgent” meeting with the President to reconcile “any differences of opinion which may exist on this issue.” This request was made via his letter which was dispatched on January 10, 2017.

And despite not receiving a response, Jagdeo has contended that the President does not want to meet with him.

“It’s interesting that I’ve never requested a meeting with the President in two years and he’s refusing to meet with me,” he told reporters.

The Opposition Leader went on to state that the law is not for the President to interpret, and as such, if he is granted the opportunity to meet with the Head-of-State, he would recommend that the matter be taken to the Trinidad-based Caribbean Court of Justice (CCJ).

“I don’t think we will get the meeting, but I would have proposed to him that we approach the CCJ to get an interpretation.”