Chair of the Guyana Elections Commission (GECOM), retired Justice James Patterson needs to be cleared by his doctors before he can return to work. This is according to Public Relations Officer (PRO) Yolanda Ward.
Stabroek News reached out yesterday to Patterson, 85, who noted that he was “alright so far,” before directing all other questions to the PRO.
When contacted, Ward noted that the Chairman has been ill over the last two weeks but is currently at home resting in a stable condition after undergoing a series of tests on Sunday evening.
“His doctors have advised that he be on as much rest as possible,” Ward indicated, adding that Patterson is currently still undergoing evaluation from his doctors.
Asked when he was likely to be back at work, the PRO indicated that while the Chairman’s condition is nothing to be alarmed about he was awaiting “clearance from his doctors.”
Patterson has been absent from work since December 4 due to illness and commissioners have been informed, via a letter signed by Chief Election Officer Keith Lowenfield, that the next meeting will be on January 8th, 2019.
In his absence the commission has not been able to address several matters stemming from the recently held local government elections, including the findings of an investigation into irregularities related to proxy voting in the Township of Mabaruma.
The question of the impact the Chairman’s illness will have on the work of the commission and the secretariat which it directs is of concern to at least one Opposition-nominated commissioner, Sase Gunraj.
In an invited comment Gunraj noted that he wishes the Chairman a speedy recovery for his own sake and so that the work of the commission can proceed.
He reminded of the limbo which existed for almost a year after previous chair Dr. Steve Surujbally resigned and expressed concerns about what will be happening within the secretariat in the absence of weekly oversight from the commission.
“During that period before Patterson’s appointment we had the Deputy Chief Election Officer and at least one Assistant Elections officer sent home when in all likelihood the commission would’ve renewed their contract had it been functional,” Gunraj noted.
He reiterated that according to Article 226 (5) of the constitution a meeting of the commission cannot be held in the absence of a quorum which includes the chairman.
“The law states that a quorum includes the Chairman and no less than four commissioners; two appointed by the President and two recommended by the leader of the opposition. It further provides that the chairman can call a meeting for two days after any meeting where there is no quorum but the framers never envisioned a situation in which the Chairman is unavailable,” Gunraj explained.
However, Stabroek News has noted that Article 161 (7) provides for the appointment of a temporary chairman if the chairman is unable to perform his functions.
“If by reason of Illness, absence from Guyana or suspension… the chairman is unable to perform his functions a temporary chairman may be appointed in his place,” the article notes while Article 161 (8) further explains that anyone appointed in this manner shall hold the post “only for the period ending when the person in whose place he has been appointed resumes his functions or ceases to be the chairman.”
Patterson was unilaterally selected by President David Granger following a prolonged process which saw Granger rejecting three lists of nominees submitted by Opposition Leader Bharrat Jagdeo.
Government was criticized for appointing Patterson who at the time was 84 years old given that persons holding several constitutional offices were earlier that year sent home because of their age.
Subsequently PPP Executive Secretary Zulfikar Mustapha challenged Patterson’s appointment arguing that President Granger’s resort to the constitutional proviso in Article 161 (2) for the unilateral appointment of Patterson was unlawfully invoked.
Both the High Court and the Appeal Court disagreed with Mustapha who has since taken the matter to the Caribbean Court of Justice.
