THE GECOM STALEMATE

Jan 23, 2017 Editorial

Over the past few weeks, the spotlight has been on the Guyana Elections Commission (GECOM), but not about the $100 million VHF communication sets it purchased. It is about the appointment of a new chairman, which has reached an impasse. 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 of GECOM shall be appointed by the president from among a list of six persons not unacceptable to the president, and submitted by the opposition after meaningful consultation with opposition political parties represented in the National Assembly.
Article 162(2) of the Constitution has stated that the Chairman of the Elections Commission 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 judges have been appointed, although there were judges on earlier lists. Only Doodnauth Singh, a lawyer whose name was submitted once before, would have been qualified to become a judge. Everyone else who was appointed fell into the “fit and proper person” category.
After the resignation announcement of the Chairman of GECOM late last year, President Granger, in accordance with the Constitutional requirements, had asked the leader of the opposition to submit a list of six names from among which he will choose a successor. It was the first time that the opposition PPP has been asked to submit a list. On all previous occasions, all of the lists for the Chairman of GECOM 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 to the President appeared to be unacceptable and were rejected by the Head of State on the grounds that none of the candidates was a former judge or someone eligible to be appointed a judge. The list was not deemed to be fit and proper either to 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. However, President Granger’s rejection of the entire list is a first for the country. It is an entirely new departure from the norm that has caused a stalemate. It seems likely that a new list would be submitted by the leader of the Opposition. President Granger has stated that he will not repeat any mistakes made in the past 20 years on the selection of a Chairman for GECOM.
While some believe that the issue is about legal interpretations, others felt that it is all about political grandstanding between the government and the opposition. Contrary to the views of some in the opposition, the Constitution gives the President the power to determine who is best suited or fit and proper to hold such an important position. The President has every right to reject the list which was 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 it with a non-partisan lens. The list submitted by the opposition leader contravenes Article 162 (2) of the Constitution and the Carter Formula. When in office, the PPP was never placed in a position to reject all of the six candidates because the lists submitted by the PNC included persons who were not affiliated to political parties. Many believe that Mr. Jagdeo acted in a biased and partisan manner and in doing so, he has violated the Constitution.
The problem is, President, Jagdeo thinks that he is smarter than everyone else and that he is best qualified to run the country. But he is in fool’s paradise. Unlike him who governed in the interest of a few, President Granger is obligated to govern in the interest of all.

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