— says U.S., urges dignity, respect in moving Guyana forward

UNITED States Ambassador (U.S.) to Guyana Perry Holloway on Friday opined that the court is the best option to resolve the ongoing dispute on the selection of the chairman of the Guyana Elections Commission (GECOM) by President David Granger.
In a statement to the media, the U.S. envoy said his embassy has been following closely the recent developments surrounding the appointment of Justice James Patterson as GECOM Chair by President Granger last week.
“I recognise, however, that there has been serious disagreement over the recent appointment of the GECOM chairman. While we urge everyone to engage in democratic dialogue to discuss differences of opinion, we stress that the courts is [sic] the ultimate and best option for any legal disagreement in a functioning democracy,” said Ambassador Holloway.

The ambassador said too that the matter “is too important for all for it to languish in the legal system, so a quick resolution to any court challenge is necessary.”
In this vein, he called for all stakeholders to “act with dignity and respect” in moving Guyana’s democratic development forward.

“I recognise that as in any democracy, the constitution of the Co-operative Republic of Guyana is the supreme law. I am confident that everyone, in spite of personal or political differences, wants to uphold this foundational document and to act within it, and I encourage everyone to do so,” said Ambassador Holloway.
Last week, President Granger appointed Justice Patterson, an 84-year-old retired High Court Judge Chairman of the Elections Commission. His appointment was made after meeting with Leader of the Opposition, Bharrat Jagdeo. It was during that meeting that Jagdeo was informed that the third list of nominees he had submitted was also rejected by the President.
President Granger has maintained the person appointed to the post must be “fit and proper” in accordance with Article 161 of the Constitution of Guyana.
He said too that in light of the failure of Jagdeo to present him with a list that is not unacceptable, he decided that it would be in the public interest to resort to the proviso in the Constitution under Article 161: 2, which permits him to act independently and appoint a person of the judicial category to be chairman of the elections body.
“That is the person who is presumptively fit and proper,” he stated last week. The President said he could not discuss his reasons for rejecting the third list of nominees which included Major- General Joseph Singh, Attorneys, Teni Housty, and Sanjeev Datadin; former Magistrate Mr. Krishnadatt Persaud; Pastor Onesi La Fleur and Annette Arjoon-Martins, but stated that the list was unacceptable.

CHALLENGE
However, the opposition People’s Progressive Party (PPP) has indicated that it has filed a “constitutional challenge” to the President’s appointment. The party through its leader has declared that the presidential appointment of Justice Patterson is unconstitutional, unlawful, illegal, null and void and of no effect.
The challenge also declares that Justice Patterson is unqualified to be appointed chairman of GECOM in accordance with Article 161 (2) of the constitution.
“We are seeking an order rescinding, revoking or quashing the appointment of Patterson as chairman,” said PPP member, Anil Nandlall.

“We are seeking an order removing him from office, and we are seeking an order directing the President to choose a person from the 18 names submitted to him by the opposition leader, or for the court to make any appropriate order as the court sees fit,” he told media operatives gathered in the corridor of the High Court moments after filing the challenge.
The application was filed by PPP Executive-Secretary, Zulficar Mustapha. The opposition through its leader has also indicated that it will withdraw all forms of participation with government. Something the President said will not be in the best interest of the country.
Jagdeo has said too that his party would move to the Caribbean Court of Justice (CCJ), if needs be, to reverse the appointment, which he believes to be a breach of the constitution of Guyana.

The President’s appointment of Justice Patterson has also resulted in the resignation of Major- General (ret’d) Joseph Singh as an advisor to the President and Chartered Account and Attorney, Christopher Ram from all government posts.
But notwithstanding the political pressures, the APNU+AFC administration stands firmly by the President’s decision.

“I cannot agree with him, I acted constitutionally and I think he must accept that decision, I have not broken the constitution in any way,” the President said. Similarly, Minister of State, Joseph Harmon, defended President Granger’s action, noting that he “has the constitutional right to do what he did, and if the opposition wants to go to court, we have the Attorney General’s chambers that will deal with that.”
President Granger relied on Article 161 (2) of the Constitution of Guyana which states: “…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…”

WITHIN RIGHT
Businessman Marcel Gaskin had approached the High Court for an interpretation of the article, which resulted in acting Chief Justice, Justice Roxanne George-Wiltshire, confirming that the President was within his right to do so; that acting on his own deliberate judgment, it is he who must determine whether a person is ‘fit and proper.’
Justice George-Wiltshire, in her ruling, had advised that there was no legal requirement for the President to state reasons for rejecting a list.

The Alliance For Change (AFC) is in full support of President David Granger’s decision to appoint Justice James Patterson Chairman of the Guyana Elections Commission (GECOM).
President Granger appointed Justice Patterson as Chairman of GECOM late Thursday night hours after informing Opposition Leader Bharrat Jagdeo that his third list of nominees for the post was unacceptable.
Meanwhile, the AFC has supported President Granger’s position while expressing regret that after three rounds of consultations and submissions, the three lists fell short of the constitutional requirements.

“The party recognises that the necessity had arisen for the President not to further delay the appointment of a chairman,” the AFC said in a statement, noting that it had no role to play in the selection process.
The party chided the opposition leader for what it terms as “the reckless and unpatriotic stance of non-cooperation and civil disobedience,” while noting that he will be held personally accountable for the consequences of any civil unrest which may ensue.
Photo saved as Holloway, Granger, Jagdeo