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CONSTITUTIONAL CRISIS LOOMING?

Jul 22, 2017 Editorial, Features / Columnists

It seems that we may be heading into a Constitutional crisis over the appointment of the Chairman of Guyana Elections Commission (GECOM). Despite the separation of powers, our leaders have proven that politics trump everything else in the country. The fact that they have their perceptions of the phrase “and any other fit and proper person” suggests that they were not going to accept the High Court’s decision.
No one expected the country to be in this logjam over the appointment of a new chairman of GECOM. The stalemate began in November 2016 when the former Chairman retired.
One of the pillars our democracy is the separation of powers and respect for the law therefore, it is intemperate for our leaders to shun the decision of the acting Chief Justice in such a high stake case. It was clear from the beginning that the Chief Justice’s ruling was not going to be accepted by either party because of political brinksmanship which has pushed the country into this untenable, if not dangerous situation.
Our leaders ought to be reminded that the judiciary is the guardian of the constitution, which in turn is the warden of our democracy. It is one of the most powerful arms of the state and the only branch of the government that is vested with the supreme authority to interpret the constitution and pronounce on all legal matters. No other branch of the government is more reassuring to the people than an independent judiciary, insofar as protecting the rights of the people is concerned.
That said, the statements attributed in this publication and other media outlets by our political leaders, including the president and the opposition leader, could be viewed as an encroachment on the separation of powers.
In her decision, the acting Chief Justice said the court agreed with the arguments of the lawyers representing both the Opposition and the Guyana Bar Association (GBA) against the validity of the appointed person being a judge, former judge or eligible to be a judge.
The Chief Justice made it clear that persons from each of these categories are equally qualified to hold the post of Chairman of GECOM; that there is no requirement for the persons nominated to be a judge or have judge-like qualities, but they should have integrity, honesty and impartiality, which are all akin to the qualities that a judge should possess.
She stressed that the phrase “any other fit and proper person” can apply to persons from a number of professions, because the word “any” broadens the categories of persons who can be submitted on the list prepared by the opposition leader.
Her learned interpretation of the constitution was based on her perception of the law, and the nation expects our leaders to act in accordance, and in the spirit of good governance and democracy. Some believe that the acting Chief Justice’s ruling vindicated both the government and the opposition. And this was confirmed by a statement from the Ministry of the Presidency which said that the findings have supported their position on the appointment of the Chairman of GECOM. The same sentiment was expressed by the Leader of the opposition who said that the ruling vindicates several positions he and his party have taken as it relates to the selection of a new Chairman of GECOM.
It is true that the Court upheld the government’s view that it is the President who must determine the acceptability of the list of nominees submitted by the Leader of the Opposition for the Chairmanship of GECOM. On the other hand, it also supported the opposition’s position that the Chairman of GECOM does not have to be a judge.
The ruling, however, did not fully satisfy the government or the opposition, which suggests that a constitutional crisis is looming.

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