The public outrage which rocked Guyana over the last few days — when the nation discovered that President Granger had unilaterally appointed a GECOM Chairman in the person of retired High Court Judge James Patterson — is quite comprehensible, considering that he neither served prior notice nor consulted with stakeholders, in particular the Opposition People’s Progressive Party Civic (PPPC). Interestingly, the Department of Public Information (DPI) justified the appointment by invoking both the Constitution and the ruling previously delivered by Justice Roxanne George-Wiltshire. However, Granger had publicly shrugged off Justice George-Wiltshire’s ruling when she had pronounced on the matter, declaring that he would rely on his own interpretation of the Law in moving forward with the controversial GECOM impasse he had instigated.
So, if we are to believe the Government’s propaganda, Granger would have been guided by Article 161 (2) of the Constitution, in particular an excerpt which reads: “If the Leader of the Opposition fails to provide a list as provided for, the President shall appoint a person who holds or has held office as a Judge (…)”.
Incidentally, one does not necessarily have to be a trained legal practitioner to understand that the Constitution has been violated on the basis that not less than three (3) lists of eighteen (18) candidates were already submitted by the Opposition Leader since the resignation of Dr Steve Surujbally earlier this year. The Opposition Leader subsequently did not fail to submit a list, but instead actively engaged in the selection process, despite each list being consecutively rejected by the President without justification; and unreasonably so, when one considers that the candidates represented diversity on all levels.
Evidently, Granger knew he was infringing on our constitutional rights (again!), which is most likely the reason why he appointed Patterson and then immediately had him sworn-in before breaking the news to the nation on October 19th. This is the same man who campaigned in 2015 for a united Guyana, yet, by his unabashed refusal to abide by the Constitution, he has deliberately shattered all expectations and hopes for a system of inclusive governance through which the Guyanese electorate can be equally represented.
He has demonstrated immense lack of political will for cooperation, and continues to stymie the development of democratically sound institutions.
Moreover, by appointing a chairman who in 2020 will be eighty-seven (87) years old, President Granger has gone against his very own definition of what “fit and proper” should be. One would recall that in February 2017, Justice Kennard, at the time eighty (80) years old, was removed from his position as Chairman of the Police Complaints Authority (PCA) because of his age. President Granger had at the time justified this decision by stating to the media that “the Government is focused on creating an atmosphere in which other persons who are younger are able to take the lead”. Patterson is almost a decade older than Kennard. But perhaps this is Granger’s definition of greening GECOM.
The President’s behaviour can be compared to that of a bully who will settle for nothing less than what he wants, irrespective of the law, the obligations and duties of his office, and professional ethics. This is a man whose military background, gout for historical revisionism, and idolatry for a dead dictator seem to cement his resolve to maintain a firm grip on power. His decision to install Patterson has rendered palpable the fear that the PNC would revert to old methods of electoral fraud and rigging embedded in the Burnhamite DNA. Granger’s authoritarian move now leaves us confronted with the grim possibility that GECOM may not be able to resist the PNC’s attempts to cheat the country once again come 2020.
This is why civil society, local and regional representatives, as well as citizens nationwide must consolidate their voices and demand that the democratic processes be re-established and respected. The international community must be alerted on the decay of our institutions, and all instances of violations of our civil and constitutional rights as a people must be documented. The law must continue to be our ally, and we must not buckle in the face of these exactions.
