Jagdeo suggests amendment to Constitution

– to select non-Guyanese to head GECOM

Almost five months and two lists later, Opposition Leader Bharrat Jagdeo is now suggesting to President David Granger that there be an amendment to the Constitution to allow for foreign nationals to be nominated to the post of Chairman of the Guyana Elections Commission (GECOM).

Jagdeo said this was one of the propositions he made to the President when he met with him on Monday to discuss a way forward on the GECOM matter.

Jagdeo made this disclosure at a People’s Progressive Party (PPP) public meeting held at Robert’s Square, Enmore, East Coast Demerara on Wednesday.

The former Head of State said, “Why not let us jointly amend that part of the Constitution, where we can submit now; we can search around the world so my list now can show people from around the world; some of the best people from around the world, so that is one of my suggestions.”

While the President has not agreed with this suggestion, Jagdeo said he (Granger) suggested a counter proposal of establishing a search committee that could possibly comprise six respected individuals; three from each side. But Jagdeo argued that this would only enable the President to pick one of the nominees instead, which according to him, is a direct violation of the Constitution.

“I made it clear that there has to be three prevailing conditions under which we will reach an agreement if we are to move forward in exploring new options. One is whatever is agreed in the committee must satisfy both parties. Secondly, it must be constitutional and the third precondition is it must not violate the delicate balance that the Carter Centre Formula has put in place,” he asserted.

Jagdeo said he also reminded the President during their meeting that while he (the President) had identified several criteria for the selection of the GECOM Chairman, they were not part of the Constitution, but they are merely his interpretation. Jagdeo also highlighted that it might be highly unlikely to find someone who has a “deep knowledge in electoral matters, especially someone who is not political.”

“It is almost impossible to meet that condition,” he asserted, describing the President’s move to reject two previous lists (comprising six persons each) as “unreasonable”. The first list submitted by the Opposition Leader was rejected on the basis that it did not include Judges, retired Judges or someone eligible to be a judge.

The second list, however, included two retired Judges and three Attorneys-at-Law, but the President claimed that all of the nominees have to be acceptable to him and he had not been presented with a range from which to choose.

The Opposition has long argued that the Constitution is on its side and the interpretation of the constitutional provision on the appointment of a GECOM Chairman had been settled by the People’s National Congress (PNC) with the then party leader, Desmond Hoyte, SC, even submitting Granger’s name twice for the top GECOM position.

“I said to him (President) we don’t agree with your interpretation of the provisions of the Constitution; nevertheless, we are prepared to work to ensure that we have a chairman,” he added.

Jagdeo told party supporters at Enmore that the Opposition had no choice but to continue submitting lists because if it did not do so, the President may want to unilaterally appoint a chairperson.

He cautioned again that if the President did so, that decision would be challenged in the court. “And I’ve already made that clear: that if he seeks to appoint a person of his own choice, that will be unconstitutional and illegal and we will fight it in the courts and on the streets, all of us together. We have to do that, because it’s about the future of this country,” he added.

Jagdeo, in April last, had submitted to President Granger a second batch of six nominees for the post of Chairman of GECOM.

They were Retired Justice of Appeal BS Roy; Retired Justice William Ramlall; former Magistrate Oneidge Walrond-Allicock; Attorneys Kashir Khan and Nadia Sagar; and businessman, Captain Gerald Gouveia.

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

This second list followed Granger deeming the first list “unacceptable” in early January 2017 because none of the nominees were 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 be a fit and proper person, but also must not be an activist or member of any political party.

A case filed by a private citizen with a view to secure an interpretation of the constitutional provision for the appointment of the GECOM Chair is currently pending in court. That matter will continue in the High Court today.