The newly appointed Bar Council of the Guyana Bar Association (GBA) yesterday expressed concern at the non-appointment of a Guyana Elections Commission (Gecom) chairman and said that the vacancy ought to be filled urgently.
In a press release issued yesterday, the GBA said that it noted with “deep concern that there has not yet been agreement on the appointment of the Chairman of the Elections Commission. It is of paramount importance that this constitutional office be urgently filled… the position has been vacant since November, 2016.” Dr Steve Surujbally was the last chairman.
The Bar Council said that it was its considered view that the power created by Article 161 (2) of the Constitution to decide on the selection or non-selection of a person for appointment is a public law power, subject to the standards applicable to judicial review of such power.
Article 161 (2) of the Constitution states, “Subject to the provisions of paragraph (4), the Chair-man 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.”
The release said that in keeping with the Constitution, “the decision made must be objectively reasonable….” It added that although the issue of the interpretation of Article 161 (2) was before the Chief Justice for her consideration, it was noted that the President had invited the Leader of the Opposition to a meeting on the issue.
“It is hoped that this will lead to a speedy resolution of the matter of urgent national importance,” the release said. The meeting is scheduled to be held on Monday at 6 pm at State House.
It was revealed last Friday that President David Granger had rejected Opposition Leader Bharrat Jagdeo’s second list submitted on May 2. This list comprised retired judges BS Roy and William Ramlal, attorneys Oneidge Walrond-Allicock, Nadia Sagar and Kashir Khan and businessman Gerry Gouveia in keeping with certain criteria outlined by Granger. The first list was submitted in January, but was rejected.
“I have examined the Curricula Vitae of the six persons in light of the criteria defined in my letter to you dated 2017.03.14. I have found the list to be ‘unacceptable’ within the meaning of the Constitution and of those criteria,” Granger stated in a letter to Jagdeo on June 2.
Later, a statement from the Ministry of the Presidency stated that Jagdeo must now submit a third list of nominees and Granger was quoted as saying that he was prepared to work with him.
“I’m prepared to work with the Leader of the Opposition for as long as it takes to have somebody selected who fits the criteria, satisfies the Constitution and is one that the people of Guyana could be happy with. I’m prepared to work with the Leader of the Opposition for as long as it takes, but I’m not going to give the people of Guyana the appointment of a person, who is not fit and proper in accordance with the Constitution or criteria, which have been laid out,” he said.
The ministry said Granger made it clear that the list must include six persons, who are all qualified so that the choice is not limited. “Every member of the list suggested must conform to the criteria and you cannot put on the list, a person who does not conform… I must be given a choice. I don’t believe that the second list gave me the range of choice that the people of Guyana deserve,” he said.
“We examined the qualifications very closely and in the end it was clear that the list as a whole did not conform to the criteria as laid down in the Constitution or the list of criteria, which was established… I expect that he would go back to the drawing board and produce a list, which conforms to those criteria. I’m quite serious. It’s an important appointment and I think it must be taken seriously,” he also said.
The ministry said Granger recognised that a Chairperson needed to be appointed as local government elections are imminent and in preparation for general elections.
Jagdeo had publicly said that he would provide a third list if needs be, even as he had expressed confidence that the second list of nominees met the criteria outlined by the President.
