Latest update November 21st, 2024 1:00 AM
Bar Association joins legal action over GECOM Chairmanship
The Bar Council of the Bar Association of Guyana has joined the legal action over the appointment of the Chairman of the Guyana Elections Commission, (GECOM).
Businessman Marcel Gaskin
The matter, filed in March, is seeking certain declarations on the true interpretation of Article 161(2) of the Constitution of Guyana, which governs the appointment of the Chairman of the Elections Commission.
Businessman Marcel Gaskin had moved to the High Court questioning whether the President is required under the Constitution 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 matter was filed after President David Granger rejected the first list provided by Opposition Leader Bharrat Jagdeo describing the list as being unacceptable. The names which were submitted by Jagdeo were Lawrence Lachmansingh, Rhyaan Shah, James Rose, Norman McLean, Ramesh Dookoo and Christopher Ram, none of whom are judges.
Jagdeo provided a second list to be Chairman of GECOM. That list was also rejected.
In his application to the court Gaskin listed the Attorney General and Leader of the Opposition Bharrat Jagdeo as the respondents in the matter.
Recently the Bar Council’s applied to be named as a friend of the Court in the action. The Fixed Date Application filed on June 12 was heard and granted after no objection was offered by any of the parties.
In a statement yesterday, the Guyana Bar Association noted that the new Civil Procedure Rules gives the power to a judge to permit or invite anyone to intervene in proceedings as a friend of the Court, without becoming a party, for the purpose of rendering assistance to the Court by way of argument.
The Bar Council feels that it is its duty, where possible, to offer assistance to the Court in matters of national constitutional significance such as these proceedings and, in furtherance of that duty, the 12 members of the Bar Council are actively collaborating in the preparation of written arguments to be submitted by 21 June.
Even as there is still much debate over the President‘s criteria for the GECOM Chairmanship, opposition critics have raised concerns over the difficulty of providing names that can fill all of the conditions required by the Head of State.
Critics have noted that “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.”
The President is asking for names of persons that fit the following criteria. 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.
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. 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 person 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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