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THE GECOM IMBROGLIO

Apr 02, 2017 Editorial, Features / Columnists

Recently, the spotlight has been on the appointment of a new chair of the Guyana Elections Commission (GECOM). The selection of a Chairman for GECOM dates back to the 1991 formula presented by former US President Jimmy Carter. It states that the Chair shall be appointed by the president from among a list of six persons acceptable to the president and submitted by the opposition after consultation with the public and other political parties.
Article 162 (2) of the Constitution states that the Chairman of GECOM shall be a judge, former judge, or someone qualified to be appointed a judge, or any other fit and proper persons to be appointed by the President. However, no judge or former judge has been appointed, although the names of judges were submitted on earlier lists. Everyone else who was appointed fell into the “fit and proper person” category.
After the resignation of the Chairman of GECOM late last year, President David Granger, in accordance with the Constitutional requirements, had asked the leader of the opposition to submit a list of six names from among whom he will choose a successor. It was the first time that the opposition was asked to submit a list. On all previous occasions, all of the lists were submitted by the PNCR when in opposition. On two occasions, the name of Brigadier David Granger, now President was on the list.
The names submitted by Mr. Jagdeo appeared to be unacceptable and were rejected by Mr. Granger. The list was deemed improper by the president. In the past, there was no rejection of the entire list because they had at least one person who was acceptable to the president.
Contrary to the views of the opposition, the Constitution gives the President the power to determine who is best suited to hold such an important position. But was it wise for him to reject all the names on the list which appeared to be highly partisan?
The person holding such a sensitive office has to be as non-partisan as possible. It is clear that the leader of the opposition did not do a thorough search or approach the issue with non-partisan lens. When in office, the PPP was never placed in a position to reject all six candidates because the lists submitted by the PNC included persons who were not affiliated to political parties. It seems that Mr. Jagdeo acted in a partisan manner and expect the President to accept it.
It seems that GECOM has found itself mired in allegations and counter-allegations between the opposition and the government whether justifiable or not, could damage its image. After meeting with the President to iron out the misunderstandings, Mr. Jagdeo has agreed to submit another list. But if it is rejected again, the President may be inclined to make a unilateral appointment. If so, the Constitution requires that he appoints a judge or former judge because he has not left himself much room to maneuver.
If he decides to go the unilateral route he will inevitably be accused of having wanted to name his own appointee all along. However, the opposition has already indicated that it will not accept a unilateral appointment. The GECOM imbroglio could place the nation in unchartered waters and could destroy the neutrality which it possesses. It means that the nation could potentially embark on a constitutional crisis?
At the very minimum, it will regurgitate all the old guiles about the PNC. However, since the President is the architect of this situation, hopefully, he would find a reasonable exit strategy.

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