The Constitution allows the President to reject nominees for GECOM’s chairman

Jan 27, 2017 Letters

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Dear Editor,
Reading one page of the national constitution daily, after our varying religious devotions would undoubtedly create a more focused and progressive culture in Guyana. Perhaps this is the type of study conducted by President Granger regarding the appointment of an Election Commission Chairperson. In so doing, he now seeks to rearrange what appears to be an alternative condition against a stipulation. Cap 1:01, Section 161 (2) of the Constitution of the Co-operative Republic of Guyana is very clear in my view. I read it over and over. I then closed one eye and read it. I closed both eyes and it meant the same thing.
Some people in this country like to run to the Court for everything. No wonder the judiciary seems overwhelmed. So now this matter of Cap 1:01, Section 161(2) is becoming judicial, to challenge an Executive prerogative. What concerned me the most after reading Section 161(2) is the attitude of the Opposition Leader, towards President Granger and the people of Guyana, more than anything else he utters. It’s that condescending way. It’s the constant pompous attempt to belittle the intelligence of those he perceives as his subjects.
I am a Guyanese by birth and have great respect and regard for all of Guyana’s presidents, including Mr. Jagdeo who is a repeat aspirant. However, I am amazed and more than disappointed at his handling of this matter. There is a time to be constructive and a time to oppose. Opposing for the sake of opposing is nothing short of ludicrous and diminishes ones relevance. Slowly read Cap 1:01, Section 161 (2) of the Constitution of the Co-operative Republic of Guyana. It is thus quoted:
“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 non-governmental political parties represented in the National Assembly”
The repeated conjunctions “or” suggest that there are alternatives to the stipulation that “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”.
Even after the continuation of that sentence “or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge”, there is a distinct punctuation by way of a “comma” to show a separation of the condition or change in pitch.
This change in pitch, gives the President an option of alternative; “(or) any other fit and proper person”. This is the option Mr. Jagdeo wants the President to use, citing precedence. The latter is not a Presidential prerogative, if my interpretation and understanding is correct. I believe that Mr. Jadgeo, a championed man who holds an honorary doctorate is well aware of that caveat. But, he is a politician. The President is given scope for selecting from, or rejecting the entire list by the proviso “not unacceptable to the President” It is therefore left to the President whether he will accept or not. I don’t see any provision in the Section that gives censure against the President’s prerogative or any other authority that may ring the President’s arm into accepting any list or nominee.
What the section further states is “Providing that if the Leader of the Opposition fails to submit a list as provided for, the President shall appoint a person who holds or 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.”
That final paragraph of Cap 1:01, Section 161 (2) speaks volumes, and further weakens Mr. Jagdeo’s “fit and proper” rant, since it emphasizes the prime focus on the Chair holding the office or being qualified to be “a Judge”. Mr. Jagdeo’s first list of nominees was rejected by the President. He resorted to an explosive tirade. I trust that my simple contribution towards this subject will add some enlightening, particularly for those who have not had an opportunity to access the Section.
Mr. Jagdeo and his team should consider that the President ought not and will not be bullied in mediocrity. Working on the new list rather than belly-aching should be the focus. It would be more rewarding if Mr. Jadgeo demonstrates chaste statesmanship by fostering dialogue and effective communication with President David Granger, just as the late Comrades Cheddie and Burnham did, and stop trying to make mockery or pull wool over the eyes of the Guyanese people.
Orette Cutting

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