…says proposal was made to President during talks
OPPOSITION Leader, Bharrat Jagdeo disclosed that he has proposed to President Granger the amendment of the constitution guiding the selection of a Guyana Elections Commission (GECOM) Chairperson, to “broaden the pool” of nominees to include non-Guyanese.
Speaking at a public meeting in Enmore, East Coast Demerara on Wednesday the former President acknowledged that one of the conditions of the Carter Center Formula is to have the chairman as someone who has deep knowledge in electoral matters. “Where are we going to find this person in Guyana?” he questioned and commented, especially people who are not political. “It’s almost impossible to meet that condition.”
Jagdeo related to the gathering that another part of the Carter Center formula confines the selection to Guyanese nominees but since there is hardly anyone to fill that position, the former President advanced a joint amendment of the constitution to “broaden the pool” of nominees. “We can search around the world, so my list can feature some of the best people from around the world,” he explained and further noted, “So that was one of my suggestions, and we will explore that.”
While further relating his engagement with the President, he highlighted that President Granger has also suggested the establishment of a “Search Committee”, since both parties were at loggerheads. Here, he justified his disapproval of this proposal by explaining what he expressed to the President. He explained that if he and the People’s Progressive Party Civic (PPP/C) should agree to this search committee, then President Granger will be part of selecting and submitting the PPP/C’s nominees and thereafter choose too. According to him, this action would violate the “spirit” of the Constitution.
The Former President noted that he and his party are engaging in explorations in good faith, but they want to ensure that the fairness of the entire electoral process is preserved. The Opposition leader also acknowledged that many of the PPP/C’s supporters are confused as to why he agreed to submit a third list after the first two lists were rejected.
To this end, he noted that he is presented with only three options due to an agreement between government and the opposition. His first option is to present another list of candidates acceptable by both parties; his second is to work with the government to collaboratively appoint someone impartial or thirdly, to allow the unilateral appointment of the chairman by the President. “Nevertheless, we are prepared to work to ensure that we have a chairman,” he said.
Article 161 (2) of the Constitution stipulates that the Opposition Leader must submit a list of six nominees for the position of GECOM Chairman, of which no candidate must be unacceptable. The list must exemplify satisfactory, constitutional and fair characteristics.
The President however has the right the reject the list without reason, Jagdeo explained but opined that President Granger has unreasonably denied both lists which he believes are suitable. “If he says to submit a third list, we have to submit it,” Jagdeo said while adding that failure to do so will result in a unilateral appointment of the GECOM Chairman.
Additionally, Jagdeo noted that if President seeks to unilaterally appoint someone of his choice, it will be unconstitutional and illegal and the PPP/C alongside its supports will fight the decision in the court and on the streets. “We have to fight to make sure what happens at GECOM is satisfactory to all people of Guyana,” he said.
President Granger had made it clear that Jagdeo must submit a list that matches the criteria set out in keeping with Article 161 (2) of the Constitution of Guyana for the selection of a ‘fit and proper’ person to fill the post of Chairman of the Guyana Elections Commission (GECOM). The Head of State in an interview with the Press and Publicity Unit of the Ministry of the Presidency said that the list must include six persons who are all qualified so that the choice is not limited.
Article 161 (2) of the Constitution states that, “ …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.”