While opposition leader Bharrat Jagdeo had shortlisted eight persons to be his nominees for the post of Chairperson of the Guyana Elections Com-mission (Gecom), only four of them have so far agreed to have their names submitted, sources say.
Jadgeo told Stabroek News on Tuesday that he was still working on compiling a new list of six persons and remained optimistic that he would meet the quota by the time President David Granger returns from his trip to the United Kingdom.
“I am still having a difficult time… a lot of people don’t want their names dragged into the public domain,” he said.
Sources close to the selection process told this newspaper that only four persons who were approached agreed to have their names submitted to the president for consideration. A source said that from 15 persons shortlisted by stakeholder groups that the opposition leader had consulted with, the list was narrowed to eight and Jagdeo expected that he would have gotten at least six acceptances.
However, this newspaper was told that the common sentiment among those who declined to be selected was that they did not want their names to be associated with not being “fit and proper” to hold the office.
Jagdeo told the press last week that if the other persons that have been shortlisted decided to decline his nomination, he would go back to the wider pool of candidates and continue the process.
Jagdeo would not commit to a specific deadline for submission to President Granger but had assured that “very soon” after he was done with consultations he would compile the list and send it off.
Two weeks ago, Jagdeo had told Stabroek News that while a list of six names was required, he had decided to add two more in the event that one of those nominated declined. “We shortlist eight because a couple of them may not take up the position so just in case they say no, we will still have the six,” he told this newspaper, while explaining that those shortlisted were “ranked.”
The process to select a Chairman of Gecom to re-place Dr Steve Surujbally, who had formally indicated to President Granger his intention to resign with effect from November 30, 2016, has been drawn out due to contention over the criteria for the nominees.
Granger had rejected Jagdeo’s first list of six names as it didn’t contain any candidate who was a judge, a former judge or eligible to be appointed a judge. Jagdeo had maintained that the list was valid but undertook to submit a second list.
Although committed to resubmitting a new list, Jagdeo has voiced concern that Granger’s criteria for candidates may not be legal or constitutional.
According to a submission on the “Qualities of the Chairman of the Guyana Elections Com-mission” that was sent by Granger to Jagdeo, and which was released by the Office of the Opposition Leader, the candidate should be a person who is qualified to be a High Court Judge and should have been an attorney for a minimum of seven years. It said that in the absence of candidates who do not meet these qualifications, “any other fit and proper person” should be appointed. In this regard, the statement specifies that such persons should have the following characteristics:
“a) that person is deemed to have wide electoral knowledge, capable of handling electoral matters because he or she is qualified to exercise unlimited jurisdiction in civil matters
- b) That person will discharge his or her functions without fear or favour, that is he or she will not allow any person or organization to influence him or her to compromise his or her neutrality;
- c) That person will discharge his or her functions neutrally, between the two opposing parties as he or she would have done in Court between two opposing litigants
- d) That person will not be an activist in any form (gender, racial, religious etc);
- e) That person should not have any political affiliation or should not belong to any political party in any form, apparent or hidden; and
- f) That person should have a general character of honesty, integrity, faithfulness and diligence in the discharge of his or her duty as Chairman.”
The first list submitted by Jagdeo did not include a judge; rather, it comprised candidates that he felt could qualify under the “fit and proper” proviso.
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.”
