Dear Editor,
The input by the esteemed Professor Justice Duke Pollard into the disquiet regarding the interpretation of Article 161 (2) on who should be among the list of nominees to be appointed Chairman of the Guyana Elections Commission (Gecom) is timely and most welcome. The input of this gentleman, who served at the region’s highest court (Caribbean Court of Justice), should be heeded in arriving at a list that President David Granger can find consistent with the extant article to be “not unacceptable” to him.
I extract specifically the
articulation made by Prof Pollard, in which he expressly states: “In this context the applicable criteria of choice are clear, to wit, a judge with specified experience, a person qualified to be such a judge, or ‘other’ fit and proper person. The employment of the pronoun ‘other’ speaks volumes and must be interpreted to mean that such ‘other fit and proper person’ must possess the characteristics of the two-named preceding persons. In effect, such person must possess the generally accepted distinctive characteristics of a judge, namely, autonomy of decision-making, considerable jurisdictional reach, impartiality, integrity and the disposition to act judicially.”
What we are being advised, in addition to the three categories to be identified, is also what should constitute a “fit and proper person.” It must be noted the distinction made for that person as possessing the “characteristics” of a judge or eligible to be a judge, which is markedly different from possessing certification to be. Thereafter Prof Pollard proceeded to identify what these “distinctive characteristics” are as noted in the excerpt.
When then President Desmond Hoyte and Minority Leader Cheddi Jagan entered into an agreement defining the procedure for the appointment of a Chairman to Gecom the names submitted by Jagan to Hoyte reflected an array of persons falling within the three categories. When Hoyte, as Leader of the Opposition, was tasked with the responsibility to submit nominees during the Cheddi Jagan and Bharrat Jagdeo presidencies, he did likewise.
Having had smooth transitions of Gecom chairman in the past, the nation can return to this experience given that the formula was tested and proven. Let me reiterate my position that it was a welcome sign when the President requested Leader of the Opposition Bharrat Jagdeo to resubmit a list, which apparently is his effort to make the consultative process work. Both constitutional leaders hold a responsibility to this society to make the process work.
The Leader of the Opposition is urged to re-submit a list that includes the three categories, as was done by his predecessors, which would allow the President the latitude to identify a candidate.
Prof Pollard is the most credible legal voice on this matter, given his track record, and his wisdom must be seriously considered. He offers to those who are constitutionally required to find a candidate a pathway for doing so. The moment must be seized.
Yours faithfully,
Lincoln Lewis
