Attorney General Basil Williams and his opposition shadow Anil Nandlall are finally expected to meet next Wednesday to discuss the criteria for nominations to fill the vacancy of Chairperson of the Guyana Elections Commission (Gecom) as was recommended by President David Granger.
Leader of the opposition PPP/C Bharrat Jagdeo yesterday told a news conference that Nandlall informed him that Williams has identified next Wednesday for the meeting. The two were expected to meet earlier but could not agree on a date.
Jagdeo yesterday said that he will await the outcome of the meeting then decide on the “next course of action.” He said he believes that his party’s interpretation of the constitution, which is shared by many others and the one he believes is the valid, will prevail.
In keeping with his duty under the constitution, Jagdeo had submitted a list of six nominees to Granger, who rejected it while highlighting the legal qualifications stipulated by the constitution.
Article 161 (2) of the constitution states, “Subject to the provisions of paragraph (4), 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.”
Since then, there have been many arguments supporting both the president’s interpretation and that of Jagdeo, who has argued that the constitution does not restrict the candidates to a judge or a person qualified to be appointed to judgeship.
The immediate past Chairman Dr. Steve Surujbally does not fit the criteria but falls under the category of “or any other fit and proper person.”
Granger himself was nominated for the post under the same proviso by then Opposition Leader Desmond Hoyte, but has since said that any breaches that may have occurred in the past must not be repeated.
