‘I’ll appoint a fit and proper chairperson’

President David Granger has reiterated his position that he will appoint a “fit and proper” Chairperson to head the Guyana Elections Commission (GECOM).
While speaking to reporters following a ceremony at State House on Wednesday, the Guyanese Head of State acknowledged the recent ruling of Chief Justice (ag), Roxanne George-Wiltshire. The case was brought to the courts by businessman, Marcel Gaskin who had approached the High Court to interpret Article 161 (2) of the Constitution of Guyana.
Justice George-Wiltshire ruled that persons nominated to be selected as Chairman of GECOM do not have to be judges, former judges or persons qualified to serve as a judge. She also ruled that while the President has the ultimate say on who is fit and proper to serve in the post, and could also reject the list of nominees, he should provide reasons as to why specific persons are unsuitable.
On Wednesday, the President said that the Chief Justice gave her judgment based on her perception of the law. He said he will continue to act based on his perception of the Constitution of Guyana. He said he will not do what the constitution does not require him to do.

Asked whether he believed someone with a judicial background should be appointed to the post of GECOM Chair, the President said he does not believe what the Chief Justice said in her ruling “has diminished my regard for the word and spirit of the Constitution.” He maintained that the person must be independent and impartial.
In his application, Gaskin had questioned whether the list of persons for appointment as GECOM Chair to be submitted by Jagdeo must include a judge, former judge or person qualified to be a judge; the President is required under the constitution to state reasons for deeming each of the six names on the list as unacceptable; the President is obliged to select a person from the six names on the list unless he has determined positively that the persons are unacceptable as fit and proper for appointment and whether a finding of act by the president that one or more persons on the list is not fit and proper renders the entire list as unacceptable.

The Government argued that the Chief Justice vindicated its position that it is the President who must determine whether the list of nominees submitted by the Opposition Leader is acceptable. The Chief Justice also confirmed in her ruling that it is the President, acting in his own deliberate judgment, who must determine whether a person is ‘fit and proper.’
Justice George-Wiltshire, in her ruling, advised that there is no legal requirement for the President to state reasons for rejecting a list, though it is her belief that in the furtherance of democracy and good governance, he should, since Article 161 (2) speaks to the need for dialogue and compromise.
In a statement, the government said that the President has made consultation and dialogue priorities by meeting with the Opposition Leader and other members of the Opposition as recent as June 12, 2017. They had previously met on March 8, 2017.
“After the first list had been rejected on Constitutional grounds, the Head of State and Mr. Jagdeo engaged in a period of consultations, with legal representatives from the People’s Progressive Party (PPP) meeting with the Attorney General and Minister of Legal Affairs, Mr. Basil Williams, to ensure that there was a clear understanding of the requirements as stated in the Constitution,” the statement noted.
Subsequent to the ruling, Opposition Leader, Bharrat Jagdeo told the media that he is likely to appeal in part, the decision of Justice George-Wilshire on the interpretation of Article 161 (2) of the Constitution of Guyana relative to the selection of a Chairman. The Opposition Leader was a named party to the case brought by city businessman Marcel Gaskin, who has also indicated that he instructed his lawyers to file a Notice of Appeal on Justice George’s decision.