Opposition Leader Bharrat Jagdeo this afternoon expressed concern that criteria identified by President David Granger for new Chairman of the Guyana Elections Commission may not be legal or constitution.
One particular criterion has raised concern in political and legal circles. That criterion reads as follows:
“That person will not be an activist in any form (gender, racial, religious etc)”
The criteria identified by the President follow:
1) The candidate should be a person who is qualified to be a judge of the High Court under Article 129 of the constitution and under section 5 of the High Court Act cap 3:02.
2) That person should have been an attorney at law for a minimum of 7 years according to section 5 of the High Court Act, cap 3:02.
3) In the absence of 1 and 2 above “any other fit and proper person” should be appointed according to Article 162(2) of the constitution.
The categories of persons specified above are necessary because such persons should have the following characteristics:
a) That person is deemed to have wide electoral knowledge, capable of handing electoral matters because he or she is qualified to exercise unlimited jurisdiction in civil matters;
b) That person will discharge his or her functions without fear or favour, that is, he or she will not allow any person or organization to influence him or her to compromise his or her neutrality;
c) That person will discharge his or her functions neutrally, between the two opposing parties, as he or she would have done in court between two opposing litigants;
d) That person will not be an activist in any form (gender, racial, religious etc);
e) That person should not have any political affiliation or should not belong to any political party in any form, apparent or hidden; and,
f) That person should have a general character of honesty, integrity, faithfulness and diligence in the discharge of his or her duty as chairman.
A statement from Jagdeo’s office follows:
Office of the Leader of the Opposition
On March 16, 2017, the Leader of the Opposition, the Hon. Bharrat Jagdeo, M.P., received a letter from His Excellency the President, advising of the President’s opinion with regard to the “qualities that the candidate to be Chairman of the Guyana Elections Commission should possess”.
Having studied this information, the Leader of the Opposition decided to return to and consult those civil society bodies which had participated in the December 2016 consultations with him with regards to possible candidates for the post of Chairman of the Guyana Elections Commission (GECOM).
On March 21st, 2017 the Leader of the Opposition met with 55 representatives of 33 civil society organizations which included leaders of the Christian, Hindu and Muslim faiths, private sector, GTUC and FITUG, Amerindian organizations and the National Toshaos Council, the Indian Arrival Committee and the Justice Institute.
The President’s letter was shared with the representatives of these bodies and the Leader of the Oppposition asked that they discuss the contents with their members and submit names, if any, for his consideration by Monday March 27, 2017.
However, the participants found it difficult to come up with candidates who would fulfill all of these criteria. In fact, persons doubted if the President himself could find any one who fulfilled his own criteria. Some wondered what were the reasons for the President making the range for selection so extraordinarily restrictive.
In fact, these criteria were seen as an imposition on the constitution which makes no such demands. More disconcerting to all was one clause in particular “(d) that a person will not be an activist in any form (gender, racial, religious, etc.,);” which was thought to be discriminatory and violated the anti-discrimination articles of the constitution.
The representatives were of the view that the letter should be made public, and, accordingly it is hereby attached.
In the meeting, the Leader of the Opposition stated that he had grave reservations on the legality and constitutionality of these criteria and intended in having these concerns brought to the attention of the President. However, he remained committed to submitting six more names as requested by the President and urged that the civil society bodies respond by March 27, 2017 as this was an urgent and critical issue for the entire nation and its stability.
