Latest update February 10th, 2025 2:25 PM
Selection of new GECOM Chairperson… Businessman challenges President’s eligibility criteria in Court
Businessman Marcel Gaskin
Businessman Marcel Gaskin has filed an action in the High Court questioning whether the President is required under the Constitution of Guyana to state reasons deeming each of the six names on the list submitted by the Leader of the Opposition as unacceptable for Chairmanship of the Guyana Elections Commission.
In addition, the businessman wants the court to decide whether the list of persons for appointment as Chairperson of GECOM required to be submitted by the Leader of the Opposition under Article 161 (2) must include a judge, a former judge or a person qualified as a judge.
The application is scheduled to come up for hearing on March 30, 2017.
Gaskin, who is being represented by Attorney-at-Law Glenn Hanoman, listed the Attorney General of Guyana and Leader of the Opposition Bharrat Jagdeo as the respondents in the matter.
President David Granger has already rejected the first list provided by Jagdeo, describing the list as being unacceptable. He has since asked Jagdeo to submit a new list. The names which were submitted by Jagdeo were Lawrence Latchmansingh, Rhyaan Shah, James Rose, Norman McLean, Ramesh Dookhoo and Christopher Ram, none of whom are judges.
According to the Opposition Leader he is committed to providing a new list for the President’s consideration. On Tuesday, a statement from Jagdeo’s office said that the opposition leader received a letter from Granger last Thursday advising of the Head of State’s opinion regarding the qualities that the candidate to be Chairman of GECOM should possess.
Jagdeo said that after studying the information, he conducted a fresh round of consultations with civil society bodies that would have participated in similar meetings in December 2016 with him.
On Tuesday, Jagdeo met with 55 representatives of 33 civil society organisations which included leaders of the Christian, Hindu and Muslim faiths, private sector, Guyana Trade Union Congress, Federation of Independent Trade Unions of Guyana, Amerindian Organisations, the National Toshaos Council, the Indian Arrival Committee and the Justice Institute.
Jagdeo said that Granger’s letter was circulated to all the representatives and they were asked to discuss the contents with their members and submit names, if any, for his consideration by Monday March 27, 2017.
The statement said that participants found it difficult to come up with names that can fill all of the criteria required by the President. The statement said, “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.”
Based on what was said in the statement, the President is asking for names of persons that fit the following criteria.
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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