Granger probably not ‘fit and proper’ to select GECOM Chairman

…nominees more technically qualified than President, Ministers – Jagdeo

By Gary Eleazar

If it is that Head of State David Granger cannot – from a list of 18 persons – select one to head the Guyana Elections Commission (GECOM), then perhaps he is not a ‘fit and proper’ person, since many of the persons already identified are technically, even more competent than him and several of his Cabinet Ministers.
Former President Bharrat Jagdeo made the scathing observation on Wednesday when he addressed members of the local media corps and expressed his dissatisfaction over the recent statements made by President Granger.
Despite expressing some level of optimism expressed by Jagdeo over intimations by Granger that he wanted to meet with the Opposition Leader following the written ruling issued by the Chief Justice, the Opposition Leader told reporters, “nobody said anything about the ruling interfering with his authority to appoint a fit and proper person.”
Jagdeo was adamant that the President has an obligation to not only respect but to apply the contents of the ruling in his decision to appoint a GECOM Chairman with regard the list submitted.
According to the Opposition Leader, “if our President cannot find from18 persons; 18 persons who are all professionals, who have some standing in society, who have demonstrated independent positions and actions, who are impartial, (if) he cannot find a single persons – most of them are more technically qualified than the President himself and most of his Ministers – can’t find a single of 18 fit and proper, then something is wrong not with those people anymore or the process; something is wrong with him, and maybe he is not fit and proper to make the selection.”
Jagdeo in criticising the positions adopted by the President questioned how long the charade will be upheld in face of the High court ruling.
Responding to the publicised overtures, Jagdeo questioned “what does he want to meet with me to say again.”
He told media operatives that he is respectful of the Office of the President, and as such, will meet and given the deviation from previous communications regarding the rejection of previous lists, his fingers are crossed that this time around the meeting would be to inform him of a decision taken.
“Normally I am very respectful of the institution, the presidency,” as he indicated his willingness to attend the meeting despite the diversionary tactics being employed.
Jagdeo told reporters too that one of the President’s Ministers was overheard at the court declaring that the final decision on who will be appointed GECOM Chairman will be made at the People’s National Congress Reform’s (PNC) Headquarters at Congress Place.
“Maybe it is that the President has no authority to make this decision that its dealt with elsewhere and so somebody needs to say to the President you have to address this issue seriously.”
Chief Justice Roxanne Wiltshire in her written ruling which was handed down recently had found that Granger’s case proved to be irrational, highlighting that while the Constitution states that nominees for the post should fall into the categories of Judge, former Judge or someone eligible to be a Judge, the first two categories are not compulsory.
Furthermore, she noted that the term “any other fit and proper person” allowed more space to select the six candidates, while highlighting that “there is no mandatory category.”
According to the Chief Justice, Granger should provide reasons for rejecting nominees presented by Opposition Leader Bharrat Jagdeo for the position of the GECOM Chairman in accordance with Article 161 (2) of the Constitution which refers to the need for communication and negotiation.
President Granger has already rejected two lists of 12 persons and is currently considering a third list, all of which had been supplied by the Opposition Leader following consultations with sections of civil society.
Marcel Gaskin, a businessman and engineer, had moved to the High Court in March of this year to challenge the constitutionality of President Granger’s reasoning behind his rejection of Opposition Leader’s list of nominees.
Gaskin, also the brother of Business Minister Dominic Gaskin, had wanted the court to determine whether Jagdeo’s list of nominees was indeed not “fit and proper” as declared by President Granger.
Granger had repeatedly maintained that the list of nominees must include a Judge, a retired Judge or a person qualified to be a Judge. On the other hand, Jagdeo has argued that the nominees do not have to be Judge-type as the Constitution makes provision for another group of persons under the category of “fit and proper”.
Jagdeo told reporters on Tuesday that the President was merely engaged in diversionary tactics when it was reported that he was ‘dead set’ on appointing a fit and proper person, saying “whoever claimed in this country that the ruling interfered with his authority to appoint a fit and proper person, definitely not the Chief Justice and I did not say that.”
Based on the ruling, the persons nominated by himself “do not have to be in any of these categories: Judges, former Judges or (eligible) to be appointed Judges”.
On the question of whether the President is required under the Constitution to supply reasons as to why the names have been rejected, the Chief Justice has indicated that “yes, he has to give reasons”.
Speaking to whether the President is obliged to select a person from the six names supplied, unless he has determined positively that the person is unacceptable as a fit and proper person to be appointed, again the Chief Justice ruled in the negative.
“So even if the President finds individuals who are unacceptable to the list, it does not render the entire list unacceptable,” the Opposition Leader had earlier indicated.