…President says CJ ruling maintains his right to choose a fit and proper person
…to meet Jagdeo on third GECOM list

PRESIDENT David Granger is likely to meet with the Leader of the Opposition Bharrat Jagdeo within days to discuss the third list of nominees for the Chairmanship of the Guyana Elections Commission (GECOM).
The third list, submitted by Jagdeo more than five weeks ago, comprises former GECOM Chairman Major-General (retired) Joseph Singh, Attorneys Teni Housty and Sanjeev Datadin, businesswoman Annette Arjoon-Martins, Pastor Onesi La Fleur and former Magistrate, Krishendatt Persaud.

Speaking to reporters on the sideline of an event at State House on Wednesday, President Granger said he looks forward to having a meeting with the leader of the opposition, but said no date has been set. “I haven’t set a timeline, I don’t know about Mr. Jagdeo’s availability, but it is a busy week… [But] I look forward to meeting him very soon. I hope next week, if he is available, once he is available.”
In addition to reviewing the Curricula Vitae of the list of nominees, President Granger said he has been studying the “opinion” by the Chief Justice (ag), Roxanne George-Wiltshire and its implications for the decisions he will soon make.
“It was quite clear that among everything she has written, she has not interfered with the President’s right guaranteed by the Constitution to select a person who is fit and proper. And I think in that regard, I will continue to do what the Constitution calls upon me to do, select a person who is fit and proper,” President Granger told reporters.
He added: “Nothing the chief justice wrote has prevented me or inhibited my exercise of that authority or that power.”

Article 161 (2) of the Constitution of Guyana 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 (an) 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….”
Deliberating on Article 161 (2) of the Constitution, after the High Court was approached by businessman Marcel Gaskin for an interpretation, the chief justice stated that the Head-of-State has sole discretion on the determination of what is ‘fit and proper’ and as such, he is not obligated to select a person from the six names on a list of which he has determined positively that the persons thereon are unacceptable as fit and proper persons for appointment.

Justice George-Wiltshire, in her ruling, also 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 June, 2017, President Granger had rejected the second list of nominees for GECOM’s chairmanship on the basis that it was “unacceptable.” The first list was also rejected in January.

In March, the President had laid out the qualities that nominees for the position must possess. Among the requirements were, inter alia, that the individual must not be an activist of any form (gender, racial, religious, etc); that the person must have no political affiliation; and that the person should have the general characteristics of honesty, integrity, faithfulness, and diligence.
Jagdeo’s second list of nominees included: Justice of Appeal BS Roy (ret’d); Justice William Ramlal (ret’d); Oneidge Walrond-Allicock, attorney-at-law and a former magistrate; Kashir Khan, attorney-at-law; Nadia Sagar, attorney-at-law and Mr Gerald Gouveia.

The first rejected list of nominees included: Governance and Conflict Resolution Specialist, Lawrence Lachmansingh; Attorney-at-Law and Chartered Accountant, Christopher Ram; Retired Major-General, Norman Mc Lean; Business Executive, Ramesh Dookhoo; Indian Rights Activist, Rhyaan Shah and History Professor, James Rose.
GECOM has been operating without a chairman since February, 2017, following the retirement of Dr. Steve Surujbally, who had been at the helm of the commission for the past 15 years.