THE unilateral appointment of Justice (retired) James Patterson as Chairman of the Guyana Elections Commission (GECOM) by President David Granger is in keeping with the Constitution, People’s National Conference Reform (PNCR) General-Secretary Amna Ally has said.

Tuesday, the PNCR came out in full support of the President at a time when the Opposition – the People’s Progressive Party (PPP) has moved to the High Court to challenge Justice Patterson’s appointment.
According to the PPP, the presidential appointment of Justice Patterson is unconstitutional, unlawful, illegal, null and void and of no effect.
But the PNCR is standing firmly at the side of the President, who is also the party’s leader. In a statement, the political party said for several months, President Granger made valiant efforts to consult and have open dialogue with Opposition Leader Bharrat Jagdeo regarding the requirements as stipulated under the Constitution for the selection of nominees for the post.

Ally said it is unfortunate that the three lists of nominees submitted by the Opposition Leader were proven to be unacceptable.
“According to the Constitution, the President has the discretion to determine the person who is duly qualified for the position and has a duty to appoint that person. Justice (retired) James Patterson has been deemed to be fit for the post in accordance with Article 161 (2) of the Constitution which states that, ‘the Chairman of the Guyana 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,’” the PNCR general-secretary stated.
The party also wasted no time in condemning the opposition leader and the PPP for adopting a non-cooperative approach towards the government, stating that it is reckless and threatens the stability of the nation’s democracy.

“We urge all Guyanese to deter from any such action and let us all work together for the betterment of this great nation of ours,” the PNCR general-secretary urged, while adding that the party looks forward to the commencement of preparatory work for the 2018 Local Government Elections.
In a separate statement, the National Congress of Women (NCW) – an arm of the PNCR – endorsed President Granger’s decision.

TIMELY DECISION
“Before we explore the legalities and propriety of the actions of His Excellency, we wish to bring to the remembrance of the Guyanese population that the Guyana Elections Commission had been without a chairperson since November 30, 2016 when Dr. Steve Surujbally served his last day,” said NCW as it made its case in support of the President.
Referencing Article 161 (1) of the Constitution, which stipulates that the GECOM Chairman be a full-time employee, NCW opined that the absence of a chairman was a particular and specific circumstance that negatively affected the confidence of the Guyanese people in the democratic process.

“Cognisant of this fact, His Excellency in accordance with 161 (2) engaged the leader of the opposition for the submission of persons not unacceptable to His Excellency for selection as chairman of the Guyana Elections Commission,” the organisation stated.
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.

“Provided that if the leader of the opposition fails to submit a list as provided for, the President shall appoint a person who holds or 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.”

It was pointed out that the first list submitted on December 21, 2015 comprised Rhyaan Shah, Christopher Ram, Ramesh Dookhoo, Major-General (retired) Norman Mc Lean, Lawrence Lachmansingh and Professor Dr. James Rose.
The second list submitted on April 29, 2017, comprised Captain Gerald Gouveia, Retired Justice William Ramlall, Oneidge Walrond-Allicock, Kashir Khan, Nadia Sagar and retired Justice of Appeal B.S. Roy.
The third list submitted on August 25, 2016, comprised Teni Housty, Sanjeev Datadin, Annette Arjoon-Martins, Major-General (retired) Joseph Singh, Pastor Onesi La Fleur and former Magistrate Krishendatt Persaud.

“It is apposite to note that after the submission of the first list, His Excellency had cause to remark on the suitability of the chairperson ‘that person will not be an activist in any form (gender, racial, religious etc)’ and ‘that person should not have any political affiliation or should not belong to any political party in any form, apparent or hidden,’” the women arm of the PNCR pointed out.
According to the NCW, the President went above and beyond the call of duty.

INCREDIBLE RESOLVE
“His Excellency afforded the opposition leader three opportunities to submit a fit and proper list with fit and proper individuals over a period of 11 months demonstrates incredible resolve and commitment to the democratic principles we hold dear,” the organisation stressed.
Turning its attention to the ruling made by Chief Justice Roxanne George-Wiltshire in July in the matter of Marcel Gaskin vs. The Attorney General, the NCW pointed out that according to the ruling, there is no legal requirement for the President to state reasons for rejecting a list.

It was noted too that according to that ruling, the President had sole discretion in determining who is fit and proper; in determining whether the list submitted was not unacceptable to him; and the President did not have to wait for the submission of a second list after the first was deemed unacceptable and could have appointed a chairman having rejected the first list.
“It is the considered view of the NCW that His Excellency acted judiciously in accordance with the Constitution of this great republic. Furthermore, we of the National Congress of Women share the belief of all right-minded Guyanese that had his Excellency not acted now then there would have been a widening of the chasm between good governance and accountability of the Executive Arm of Government to act in such timeliness as our Constitution mandates,” the women arm stated.

COMMENDATION IN ORDER
The Guyana Youth and Student Movement (GYSM) on Tuesday commended the strength and leadership of President David Granger in appointing Justice Patterson as the New Chairman of the Guyana Elections Commission (GECOM).
“It is without hesitation that the young people of the PNCR fully support President Granger’s decision; we find it comforting to know that our electoral process will be presided over by someone of such strong character, integrity, experience and intellectual standing as Mr. Patterson.”
Underscoring the importance of democracy, the youth arm of the PNCR said it is pleased that the President in assessing the looming constitutional crisis, acted in the best interest of all Guyanese and showcased his commitment to ensuring our elections are ascribed the respect and importance it is due.
“We have no doubt that Justice Patterson will carry out his duties with the same dedication and diligence he has so proudly portrayed throughout his years serving this great country for so many years,” the GYSM said.