No decision yet on appointment of GECOM Chair

…President says nominees still being reviewed

Justice Claudette La Bennett

President David Granger has denied reports that he prefers to appoint Justice Claudette La Bennett as the next Chairperson of the Guyana Elections Commission (GECOM).

He also denied reports that he intends to reject the second list of nominees submitted some two weeks ago by Opposition Leader Bharrat Jagdeo for consideration for the post.

According to the Head of State, he is still in the process of reviewing the nominees and therefore has not made any decision on the matter.

“I have received the CVs and we are still examining the CVs… We have to ensure that the nominees are in accordance,” he stated.

Responding particularly to reports about his desire to appoint Justice La Bennett, the President said, “No, No. Don’t believe.”

He continued, “It didn’t come from me and I am not aware of any forum where her candidacy was considered, so I don’t know where that could have come from.”

However, reports in various sections of the media say that sources close to the process confirmed that the Head of State intends to reject the list.

Guyana Times International learnt from sources that the President’s choice for the post has always been retired Justice La Bennett.

The Opposition Leader was confident that his list meets the criteria outlined by the President even though he believes it was not constitutionally required to adhere to all the conditions set by the Head of State.

Jagdeo had remarked that a rejection of the second list would be unreasonable and would make it more difficult to locate eligible candidates.

Following the rejection of the first list of nominees by the President, there were concerns of the Government setting the stage for the unilateral appointment of a GECOM Chairman.

Commentators have since pronounced that such a move would violate the basis of the Constitution which provides for a transparent process to ensure the eradication of prejudice in the appointment of the person in charge of national elections in Guyana.

Granger’s rejection prompted a public discourse on his interpretation of the Constitution of Guyana regarding the criteria to be fulfilled in the appointment of a GECOM Chairman. Ideally, he had said the candidate should be qualified to be a Judge of the High Court or an attorney for a minimum of seven years.

He was insistent that the disjunctive “or” was of no consequence and the constitutional clause meant in effect “the nominee must be an ex-Judge or one qualified to be a Judge”.

After stinging criticism, the President altered his criteria somewhat. Candidates, according to the President’s new criteria, must be able to discharge his/her functions neutrally, between the two opposing parties, as he or she would have done in court between two opposing litigants.

Additionally, the person must be able to discharge the functions without fear or favour, without allowing any person or organisation to influence him or her to compromise his or her neutrality.

The President also said that persons should have a general character of honesty, integrity, faithfulness and diligence in the discharge of their duty as Chairman of GECOM.

Jagdeo’s second list had thus featured retired Justice of Appeal BS Roy, retired Justice William Ramlall, Attorney and former Magistrate Oneidge Walrond Allicock, Attorney Kashir Khan, Attorney Nadia Sagar and Captain Gerald Gouveia.

Meanwhile, businessman Marcel Gaskin has moved to the High Court to challenge the constitutionality of President Granger’s rejection of the first list of nominees.

Gaskin is the brother of Business Minister Dominic Gaskin, who is also the son-in-law of the President. The businessman wants the court to determine whether Jagdeo’s list of nominees was indeed not “fit and proper” as declared by President Granger.

 

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