Gaskin blasts President over rejection of second GECOM list

– says only Court could interpret constitution

By Samuel Sukhnandan

Russian-trained attorney and former finance advisor to the People’s Progressive Party (PPP)-government, Ramon Gaskin, has expressed disappointment at President David Granger for rejecting the second list of nominees submitted by Opposition Leader Bharrat Jagdeo for Chair of the Guyana Elections Commission (GECOM).

Gaskin told Guyana Timeson Thursday that a lot has been written and said about the President’s rejection of both lists, but he believes the President has not only misconstrued the constitution the way it is written, but is presuming to interpret the

constitution by setting certain criteria.

“In our system, the President cannot interpret our constitution. Only a court in this country can interpret the constitution, and nobody else. He (President) cannot do it; he is not so empowered. He has gone way beyond his own duties and functions and prerogatives to do that,” Gaskin opined.

The outspoken social activist says the President is also bringing into disrepute upstanding and prominent people who have been shortlisted for the position of GECOM chairman. Gaskin is of the view that very few people would now want their names put forward, because the President has rejected two lists and has said the nominees were not fit and proper.

Gaskin said, “When he (President) rejected the first list, he said he wanted to see judges on the list; and then the second list reflected a majority of people in the legal fraternity, he rejected that too. There is no guarantee that he wouldn’t reject a third list.”

While many people are of the view that the President has a particular person in mind that he may want to put in that position, Gaskin says the constitution does

now allow it. He told Guyana Times that the constitution is clear in that the Carter Formula demands that he has to pick someone from the list submitted by the Leader of the Opposition.

Further, the economist opined that Granger has a tendency to put his own people in charge of things. He explained that the President is so trained as a military commander. “The President, who is trained as a military man, wants to run the Government as if it’s the (GDF). Government is not the (GDF) and you cannot run Government like the (GDF), with a command structure,” he stressed.

Granger’s choice for the post of GECOM Chair has allegedly always been retired Justice Claudette La Bennett. Opposition Leader Bharrat Jagdeo has said it appears that the delay in making a decision on the list was in fact meant to create a façade.

Jagdeo had, last April, submitted to President David Granger a second list of six nominees for the post of Chairman of the Guyana Elections Commission. They are retired Justice of Appeal BS Roy; retired Justice William Ramlall; former Magistrate Oneidge Walrond-Allicock; Attorneys Kashir Khan and Nadia Sagar; and businessman and aircraft Captain Gerald Gouveia.

Retired Judges Desiree Bernard and Claudette Singh, and Attorneys Ralph Ramkarran SC, Timothy Jonas and Ronald Burch-Smith have declined his requests to be nominated.

This second list followed President Granger’s deeming the first list “unacceptable” in early January 2017 — because none of those recommended was a judge, retired judge or eligible to be appointed a judge. Granger’s rejection of the list was in keeping with ‘his interpretation’ of Guyana’s Constitution.

The President subsequently amended his position that a GECOM Chairman must not only be a “fit and proper person”, but must not be an activist or member of any political party.

GECOM has been without a Chairman since February 28, 2017, when Dr Steve Surujbally stepped down after 15 years at the helm.

The PPP had warned that, should the President proceed along what they described as “unconstitutional, undemocratic and diabolical path,” the Opposition would file legal action in the court.