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Impasse over new GECOM chairperson…Opposition doubts anyone could fit “restrictive” criteria set by President
A new list of candidates for the chairmanship of the Guyana Elections Commission (GECOM) could be submitted as early as next week, but the Opposition is not happy.
President David Granger leading Opposition Leader, Bharrat Jagdeo, to a meeting in State House, earlier this month.
Yesterday, a statement from the Office of the Opposition Leader said that criteria, as demanded by President David Granger, raise serious legal and constitutional questions
However, Opposition Leader Bharrat Jagdeo said he remains committed to submitting six more names.
The news would come as the Opposition and Government remain divided on the qualifications of a new chairperson.
After more than a decade and a half, former Chairman Dr. Steve Surujbally resigned a few weeks ago, leaving the two sides divided.
A list submitted by Jagdeo was rejected, with Granger saying that names did not meet the criteria.
According to a release from his office yesterday, Jagdeo disclosed that he received a letter from President Granger last Thursday advising of the Head of State’s opinion with regard to the “qualities that the candidate to be Chairman of the Guyana Elections Commission should possess”.
The Opposition Leader said that after studying the information, he decided to return to and consult those civil society bodies which had participated in the December 2016 meetings with him with regards to possible candidates for the post of chairperson of GECOM.
Yesterday, the Opposition Leader met with 55 representatives of 33 civil society organizations which included leaders of the Christian, Hindu and Muslim faiths, private sector, GTUC and FITUG, Amerindian organizations and the National Toshaos Council, the Indian Arrival Committee, and the Justice Institute.
Jagdeo said the President’s letter was shared with the representatives of these bodies and he asked that they discuss the contents with their members and submit names, if any, for his consideration by Monday, March 27, 2017.
“However, the participants found it difficult to come up with candidates who would fulfill all of these criteria. In fact, persons doubted if the President himself could find anyone who fulfilled his own criteria. Some wondered what the reasons were for the President making the range for selection so extraordinarily restrictive,” Jagdeo said in his statement.
In fact, these criteria were seen as an imposition on the constitution which makes no such demands.
“More disconcerting to all was one clause in particular “(d) that a person will not be an activist in any form (gender, racial, religious, etc.,);” which was thought to be discriminatory and violated the anti-discrimination articles of the constitution.”
Jagdeo, a former president who ended his constitutional two terms in 2011, said that the representatives were of the view that the letter should be made public.
Meanwhile, with regards to the criteria, this was what President Granger purportedly told the Opposition Leader in the correspondence released by Jagdeo:
“Qualities of the Chairman of the Guyana Elections Commission
1. The candidate should be a person who is qualified to be a judge of the High Court under Article 129 of the Constitution and under Section 5 of the High Court Act, Cap 3:02.
2. That person should have been an attorney-at-law for a minimum of seven years, according to Section 5 of the High Court Act, Cap 3:02.
3. In the absence of 1 and 2 above “any other fit and proper person” should be appointed according to Article 161 (2) of the Constitution.
The categories of persons specified above are necessary because such persons should have the following characteristics:
-That person is deemed to have wide electoral knowledge, capable of handling electoral matters because he or she is qualified to exercise unlimited jurisdiction in civil matters.
-That person will discharge his or her functions without fear or favour, that is, he or she will not allow any person or organization to influence him or her to compromise his or her neutrality.
-That person will discharge his or her functions neutrally, between the two opposing parties, as he or she would have done in court between two opposing litigants.
-That person will not be an activist in any form (gender, racial, religious etc).
-That persons should have a general character of honesty, integrity, faithfulness and diligence in the discharge of his or her duty as Chairman.”
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