Emile Mervin strays from the real issue

Oct 30, 2017 Letters

---

Dear Editor,
The letter published in the Stabroek News on Friday, October 27, 2017, by Mr. Emile Mervin, under the caption ‘Opposition Leader once again seems determined to play the insecurities and fears game’, begs a response.
Mr. Mervin is right about one thing. It is his admission that, “The future of the country is at stake.”
However, much of what he said strays from the real issue, which is that for the first time since the return to free and fair elections in 1992 (as certified by international bodies, including the Carter Centre), we have a President who, not only unilaterally appointed a GECOM Chairman, but who made the appointment in breach of three things: one, in breach of the Constitutional provisions, which states that he can only make a unilateral appointment if the Opposition Leader fails to submit a list (this did not happen); two, in breach of the ruling of the Acting Chief Justice, who said that the President could not make a unilateral appointment because a list has been submitted and that the President has to give reasons for rejecting the lists submitted by the Opposition Leader; and three, in breach of his own agreement with the Opposition leader, which said: “It was also agreed that a high-level team would be assembled representing the President and the Leader of the Opposition which will begin to work immediately on exploring modalities to bring a resolution to this matter in the event that the list is rejected.”
This agreement is no secret. It was released by the government Department of Information on June 12, 2017.
Even though the real issue at hand has been highlighted, we see personalities, like Mr. Mervin who are attempting to shift to conversation to a range of different issues, including race, which does no good for Guyana.
Having said that, Mr. Mervin also makes a number of patently inaccurate and objectionable statements:
That “it is obvious that the PPP believed it was supposed to be in power, as if this was their birthright.” – This is a statement that cannot be stomached, since the issue is ensuring that elections are free and fair.
Can Mr. Mervin answer the questions as to why the elections petition has not been heard in the courts yet more than two years later? Why is GECOM’s Keith Lowenfield fighting to not have the petition heard? Why is Mr. Lowenfield, as the Chief Elections Officer, if he was certain that the May 2015 General and Regional Election had no irregularities, going in this direction?
“The President dropped the ball by failing to clearly lay out in person to the Opposition Leader what qualities or qualifications he preferred in the replacement candidate.” –
This statement begs the question of whether or not Mr. Mervin is familiar with the Constitution. It is the Constitution that outlines the qualities or qualifications of the GECOMC Chairperson, not the President
“The President a couple of attempts before he finally narrowed his preference for a candidate with judge-like qualities or experience, but the Opposition Leader clearly was not inclined to co-operate.”
It is established that it is the Constitution that sets out the qualities or qualifications of the GECOMC Chairperson, not the President. President Granger did set out the criteria he wanted. Mr. Jagdeo raised objections to this and pointed out that the President’s requirements are not Constitutional requirements, but still worked to submit a second list.
How can Mr. Mervin say that Mr. Jagdeo was inclined not to cooperate? Can Mr. Mervin explain why President Granger has now, himself, said that his requirements are not in the Constitution?
Can Mr. Mervin justify the appointment of retired Justice Patterson, despite the fact that he does not meet the requirements that Granger himself laid out?
“Based on the Acting Chief Justice’s opinion, therefore, the President is safe on legal ground with his unilateral choice.” – To this there is only one questions, has Mr. Mervin actually read the 33-page RULING (not opinion) of the Acting Chief Justice?
“The racial optics became sharper as two prominent Indo-Guyanese – Joseph Singh and Christopher Ram – stepped down from inconsequential positions they held in the coalition government.” –
First, the posts held by both men were not inconsequential. Major General, retired, Joe Singh, was an advisor to the President. Mr. Ram was a member the planning committee and of Guyana’s negotiating team for the establishment of the JOF Haynes Law School in Guyana. Both men held consequential positions. Second, the attempt to make this issue one of race is again exposed.
Of the 18 names on the lists submitted by Mr. Jagdeo, only these two men held government related positions.
Are the resignations not justified, given that they were deemed ‘fit and proper’ to serve in consequential positions under the Granger-led government, but not ‘fit and proper’ by President Granger for the post of GECOM Chairman? Can Mr. Mervin answer this?
Third, all three lists sent to President Granger was done after wide consultations with civil society. It was not a PPP list and the lists included both Afro and Indo-Guyanese.
We cannot have our leaders, who are supposed to uphold the Constitution, breach that very Constitution.
The big picture issue here is not race, because there were qualified, technically competent and impartial professionals, who are also Afro-Guyanese, who were included on the lists submitted by Mr. Jagdeo.
Mr. Teni Housty and Mr. Onesi La Fleur are two such professionals who were included on the third list. Why didn’t the President chose one of them?
Instead, what we have is the appointment of Mr. Patterson, 84 years old, whose integrity and ability to be impartial are in question – on integrity because the qualifications on his CV cannot be verified, an on, impartiality because he has been closely associated with the PNC.
This matter is not about race. It is about unconstitutional actions and threats to our fledgling democracy.
Sincerely,
Sheila Veerasammy,
PPP/C Member of Parliament

---

---