Showdown looms over GECOM chair

…PPP mulls moving to Court if President takes unilateral decision

As the back and forth continues on the nominations for Guyana Elections Commission (GECOM) chairmanship, Opposition Leader Bharrat Jagdeo said he is still awaiting word from President David Granger on a suitable time to meet on the issues regarding the appointment of a chairperson for the electoral body.

At a press conference on Thursday evening, Jagdeo said should the meeting happen, he would recommend that the Caribbean Court of Justice (CCJ) which is headquartered in Trinidad and Tobago, interpret the legislation.

“If after pointing these arguments out to him he still holds on to his original view I would propose to him that we jointly approach the Caribbean Court of Justice to get an interpretation of Article 162 of the Constitution,” he told the media.

Jagdeo, however, said if the President goes ahead and appoints someone else other than the six names that have been already submitted, his party would challenge it in court.

However, the Opposition Leader said he was still eager to meet with the President to discuss the controversy.

Speaking with reporters on Wednesday, President Granger said that regardless of what obtained in the past, as current President of Guyana, it is his responsibility to ensure that the provisions of the Constitution will be followed.

He was at the time responding to Guyana Times International when asked about his acceptance of a nomination for the GECOM chairmanship in 2000 by then Opposition Leader Hugh Desmond Hoyte without having the necessary qualifications of a Judge as required under the Constitution.

Following the receipt of a letter from Jagdeo seeking clarification on his interpretation of the Constitution’s requirements for the nominees of GECOM chairmanship, President Granger said he has already responded to the Opposition Leader and will continue to engage him on the matter.

The Head of State further posited that the issue is now being looked at within a legal framework, not within the framework of politics or personalities.

“This is a constitutional matter and I’ve cited the Constitution to (Jagdeo). I’m not playing politics, I’m serious about the appointment of Chairman of GECOM and the Constitution is very clear. Mr Jagdeo did write to me and he asked for some clarification,” the Head of State said.

He added, “Well as I said, it has now gone into the legal zone and we are going to ensure that he gets the legal clarification that he needs but in terms of names, I’m not in the business of naming names at this stage. I’m in the business of satisfying the constitutional requirement for the appointment so that is as much as I can say at this stage. The law will prevail and we will continue to engage the Leader of the Opposition as required under the Constitution. So I’ve not disengaged (him), I’ve examined his letter and a response will be sent.”

In response to the President’s rejection of his first list of nominees and his consequent request for a second one, Jagdeo on Tuesday wrote the Head of State requesting an urgent meeting while asking that he elucidate his interpretation of Article 161 of the Constitution of Guyana, which deals with the requirements of the nominees to be submitted by the Opposition Leader.

The six nominees submitted by the Opposition Leader in December last year were retired Major General Norman McLean; Attorney and Political Analyst, Christopher Ram; former Chairman of the Private Sector Commission, Ramesh Dookhoo; Peace and Governance Consultant, Lawrence Lachmansingh; businesswoman, Rhyaan Shah; and Professor James Rose, none of whom President Granger noted has the qualifications of a Judge as required by the law.

The Head of State had outlined that the Constitution requires only persons who are Judges, qualified to be Judges, or former Judges of either a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from any such court.

However, Jagdeo pointed out that his interpretation of the Constitution is that the requirements go beyond the qualifications of a Judge.

“I am obliged to inform Your Excellency that my interpretation of Article 161(2) is different, in so far as, it also provides for, in addition to the category of persons to whom you  have referred, “or any other fit and proper person,” Jagdeo penned in his January 10, 2017 letter to the President.