Latest update April 7th, 2025 12:08 AM
Jun 23, 2019 Letters
Justice James Patterson was illegally appointed as the Chair of GECOM, his appointment being unconstitutional. It was not an illegal appointment by mistake, it was a deliberate contravention and assault on the constitution. The President was fully aware he was acting outside of the constitution and he, nevertheless, persisted in an arrogant display of might. Justice Patterson knew also, after all, he is a man of the courts, a judicial officer, a judge for decades. To his credit, he did, after the fact, explained it was a “slip of his pen”. The fact is that Justice Patterson is experienced and knowledgeable to know the President exceeded his authority under the constitution when he was appointed.
Now that the highest court of the land, the Caribbean Court of Justice (CCJ), has ruled that, indeed, David Granger acted unconstitutionally and outside his authority in appointing James Patterson as the Chairman of GECOM, that appointment has been rescinded by the courts. For David Granger to insist his insertion of constitutional authority is not flawed and for him to refuse to immediately rescind his appointment of James Patterson is not just a grievous insult to the judiciary and, particularly to the CCJ, it is the highest public servant in the country breaking the law, the highest public servant in the country posturing he is above the law. No one is above the law, the law applies equally to everyone. The defiance of the CCJ, in this case, confirms David Granger is comfortable being a dictator.
But as a man who was a judge for decades, James Patterson has no excuse to defy the CCJ. He ought to immediately resign. When the CCJ ruled he was unlawfully appointed, the CCJ definitively un-appointed James Patterson, the CCJ resigned him. His appointment had to be a consensual appointment, one made by agreement between the President and the leader of the Opposition. Guyana’s constitution does not contain any provision allowing an arbitrary appointment of the Chairman of GECOM. The “Carter-Price” formula for the appointment was always based on a consensual, consultative process between the two leaders, including wide civil society consultation. That formula, enshrining a spirit of consultative democracy, was statutorized in the constitution. In an arrogant, authoritarian rejection of the consultative, consensual mechanism, and in an effort to have someone beholden to him, Granger sidestepped the constitution. Now that the CCJ has definitively pronounced this illegality, James Patterson must immediately demit the office. Anything other than demitting office shows defiance of the CCJ and demonstrates Patterson has no integrity.
The refusal to act in accordance with the CCJ ruling adds to Patterson’s despicable leadership at GECOM. His casting vote to end Vishnu Persaud’s tenure as the Deputy Chief Elections Officer might have been based on one of two reason: either because of Mr. Persaud’s ethnicity or because Patterson assumed that as an Indo-Guyanese Persaud must be a supporter of the PPP. The details in the ERC report relating to this appointment must trouble every decent Guyanese, especially since Patterson lied about phantom documents, as the ERC outlined. Mr. Patterson’s treatment of GECOM’s legal counsel is not just atrocious, unprofessional, but is proof he is not “fit and proper”. His treatment of Ms. Dazzel, like his treatment of Mr. Persaud, is reprehensible. Whether it is based on misogyny or politics, the treatment of Ms. Dazzel is unacceptable.
But Patterson did the job David Granger and APNU+AFC appointed him for. He was illegally placed as Chairman of GECOM to be a hatchet man and for that role he proved “fit and proper”.
In the meanwhile, the CCJ has provided a ray of hope for the Guyanese people. It has made it difficult for David Granger to continue with this illegal appointment. His invitation to the Leader of the Opposition demonstrates that in spite of his arrogance and reluctance, he knows he will have to comply with the CCJ rulings. If he does not voluntarily comply in accordance with the CCJ ruling, he will face consequential orders from the CCJ. James Patterson should spare his friend and comrade from being dictated to by the CCJ. Not that the CCJ has any desire to do so, but it is the law. If not for his friend, Patterson must show that he is not entirely devoid of integrity. He must do the right thing and demit office immediately.
Dr. Leslie Ramsammy
Apr 06, 2025
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