Appointment of GECOM Chairman: President now wants to submit his own nominees

…Opposition Leader rejects proposal

One week after the Caribbean Court of Justice advised President David Granger and Opposition Leader, Bharrat Jagdeo to meet and discuss the way forward on the appointment of a new Guyana Elections Commission (GECOM) Chairman, the Head of State is now proposing that he submits his own list of nominees for the position.

Last week, Jagdeo had proposed daily meetings with the President to determine the way forward but it was not until Friday that the President, through the Director General of the Ministry of the Presidency, Joseph Harmon, responded to the Opposition Leader’s letter.

https://i0.wp.com/www.inewsguyana.com/wp-content/uploads/2016/12/jagdeo-granger.jpg?w=616&ssl=1Opposition Leader, Bharrat Jagdeo and President David Granger

In the letter, Harmon proposed on President David Granger’s behalf that he be allowed to nominate persons for the position of GECOM Chairman.

Harmon based this reasoning on the Caribbean Court of Justice’s (CCJ’s) request that the two sides meet and discuss eligible candidates. Harmon also suggested Jagdeo consider this before a date for his meeting with the President is set.

“The Government interpreted [the CCJ’s ruling] to mean that both the President and Leader of the Opposition will provide nominees on the list of six persons. It is hoped that the Leader of the Opposition could quickly communicate his view on this issue before a date for the meeting with the President is finalised,” Harmon wrote.

Rejected

The People’s Progressive Party (PPP), through its executive member Gail Teixeira, wasted little time in responding to Harmon’s letter. In a missive dated the same day as the President’s letter, Teixeira rejected the proposal.

Teixeira pointed out that Article 161 of the Constitution makes it the Opposition Leader’s job to submit names to the President, not the other way around. She noted that to do otherwise would be a case of the President usurping the Opposition Leader’s role.

“The Leader of the Opposition wishes to remind that the Caribbean Court of Justice, in its recent judgment, in interpreting Article 161 (2) of the Constitution, examined the letter, spirit and intendment of that Article. Therefore, the judgement of the Court must be construed as giving obeisance to the Article, rather than derogating from it.”

“In this regard, it was never a matter of controversy that the list of six names must emanate from the Leader of the Opposition and the appointment of one therefrom, is exclusively the remit of the President,” Teixeira also wrote.

Guidance

The former Chief Whip also noted that the CCJ was merely providing guidance on how to conduct the engagement with the two sides. Notwithstanding this, however, Teixeira informed Harmon that the Opposition Leader was open to the President suggesting names, informally. Article 161 (2) of the Constitution states that “…the Chairman of the Elections Commission shall be a person who holds or who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge, or any other fit and proper person…”

It goes on to outline the process by which the Chairman is appointed, stating that the Chairman is “to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the Leader of the Opposition after meaningful consultation (between) political parties represented in the National Assembly”.

Last week, former GECOM Chairman, Retired Justice James Patterson officially stepped down from the position. His appointment was deemed unconstitutional by the CCJ, which noted that President Granger stepped outside of the Constitution when he appointed Patterson.

In its judgement on this matter, the CCJ had said clearly that “once the President and the Leader of the Opposition have hammered out a list of names not unacceptable to the President, the list, comprising the six persons, must then formally be submitted to the President by the Leader of the Opposition and the President must then select the Chairman from among those names”.

While explaining the consensual process to appoint the GECOM Chairman, the CCJ went on to advise that “This approach gives the President a role in the identification of the six names, but it obviates [eliminates] the possibility that after the formal presentation of the list, the President could suggest that one or more of the names or indeed the entire list, is unacceptable”.

To, therefore, have the Government claim that the CCJ intended for President Granger to himself submit names has some observers questioning the Government’s sincerity in wanting to work with the Opposition to appoint a Chairman of GECOM the right way.

All parties involved are expected back at the CCJ on June 12, where the Trinidad-based court will hand down consequential orders. Most importantly, these orders will decide when constitutionally due elections are to be held in Guyana.

Original Post

Perhaps, the president in unaware of section 161 which addresses the issue that it is the Leader of the Opposition who submits the list of candidates for the President to select a member.

Guyana Constitution, specific parts of section 161

161 (1) There shall be an Elections Commission for Guyana consisting of a Chairman, who shall be a full time Chairman and shall not engage in any other form of employment, and such other members as may be appointed in accordance with the provisions of this article.

(2) Subject to the provisions of paragraph (4), the Chairman of the Elections Commission shall be a person who holds or who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge, or any other fit and proper person, to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the Leader of the Opposition after meaninful consultatal political parties represented in the National assembly. Provided that if the Leader of the Opposition fails to submit a list as provided for, the President shall appoint a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge.

Granger is being cunning!  BJ needs to keep a sharp eye!  Let him make his "unofficial" suggestions to BJ.  Maybe something workable materializes however, don't give Granger an opportunity to throw a monkey wrench into the selection process!

This is what I feared Jagdeo would do, that is allow Granger to name his candidates too, and him telling Granger that he will be flexible. This is flexibility vs rigidity. Nowhere in the CCJ ruling and in the Constitution allows for the DAG to name any GECOM candidate. Granger is trapping Jagdeo to misinterpret the CCJ ruling and violate or re-write the constitution to include the provision that DAG wants.  My take is Jagdeo will agree with a name on Granger’s list. I hope that I am wrong. I just don’t trust Jagdeo to do the right thing.

Jagdeo has proven that his thought process is way ahead of these PNC fools including Granger. I am not worried about his approach. So far the PNC have only been able to act like the bullies they are and so far the CCJ has done nothing other than chastised them for their wickedness.

Dondadda posted:

Nowhere in the CCJ ruling and in the Constitution allows for the DAG to name any GECOM candidate.

ONLY WHEN the Leader of the Opposition FAILS to submit a list of candidates; THEN the President can UNILATERALLY appoint the GECOM Chairman.

Guyana Constitution, specific parts of section 161, (2)

161(2) Subject to the provisions of paragraph (4), the Chairman of the Elections Commission shall be a person who holds or who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge, or any other fit and proper person, to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the Leader of the Opposition after meaninful consultatal political parties represented in the National assembly. Provided that if the Leader of the Opposition fails to submit a list as provided for, the President shall appoint a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge.

Dondadda posted:

I understand what you are saying. Three lists were already submitted and now a fourth list will be submitted. It is not that no lists were submitted.

But that was before the CCJ told Granger that he is a wicked jackass. 😀

Dondadda posted:

This is what I feared Jagdeo would do, that is allow Granger to name his candidates too, and him telling Granger that he will be flexible. This is flexibility vs rigidity. Nowhere in the CCJ ruling and in the Constitution allows for the DAG to name any GECOM candidate. Granger is trapping Jagdeo to misinterpret the CCJ ruling and violate or re-write the constitution to include the provision that DAG wants.  My take is Jagdeo will agree with a name on Granger’s list. I hope that I am wrong. I just don’t trust Jagdeo to do the right thing.

Granger is very cunning.  They have a drip-feed strategy working behind the scenes.  Granger is not engaging with BJ on BJs terms.  He will keep throwing these monkey wrenches to keep BJ off balance.  

Baseman posted:
Dondadda posted:

This is what I feared Jagdeo would do, that is allow Granger to name his candidates too, and him telling Granger that he will be flexible. This is flexibility vs rigidity. Nowhere in the CCJ ruling and in the Constitution allows for the DAG to name any GECOM candidate. Granger is trapping Jagdeo to misinterpret the CCJ ruling and violate or re-write the constitution to include the provision that DAG wants.  My take is Jagdeo will agree with a name on Granger’s list. I hope that I am wrong. I just don’t trust Jagdeo to do the right thing.

Granger is very cunning.  They have a drip-feed strategy working behind the scenes.  Granger is not engaging with BJ on BJs terms.  He will keep throwing these monkey wrenches to keep BJ off balance.  

Granger better start correcting his wicked ways as Michael's footsteps are already being heard by him. 

ksazma posted:
Baseman posted:
Dondadda posted:

This is what I feared Jagdeo would do, that is allow Granger to name his candidates too, and him telling Granger that he will be flexible. This is flexibility vs rigidity. Nowhere in the CCJ ruling and in the Constitution allows for the DAG to name any GECOM candidate. Granger is trapping Jagdeo to misinterpret the CCJ ruling and violate or re-write the constitution to include the provision that DAG wants.  My take is Jagdeo will agree with a name on Granger’s list. I hope that I am wrong. I just don’t trust Jagdeo to do the right thing.

Granger is very cunning.  They have a drip-feed strategy working behind the scenes.  Granger is not engaging with BJ on BJs terms.  He will keep throwing these monkey wrenches to keep BJ off balance.  

Granger better start correcting his wicked ways as Michael's footsteps are already being heard by him. 

The man is a bully. Like Burnham, he is a demagogue and racist.

Ray posted:
Amral posted:

What the rass. What is so technical about this job. Anyone who has a proper education can do this frigging job. 

you and yuh sweet homan can run dat place

Amral posted:

Ray the sweet homan does count how many times I visit the voting booth. 

Eh-eh, that is like someone on GNI who said that he voted about seven times at various poles for the same election.

This is why I like Granger. He never stops trying even when he is cornered. Nothing doesn't have to be right or lawful in his view. He acts on what comes to mind for survival. Unlike Jagdeo, he would have given up hope and hollering rape, rape.   Granger is trying a thing to see if baldhead Jaggy is paying attention.  

Prince posted:

This is why I like Granger. He never stops trying even when he is cornered. Nothing doesn't have to be right or lawful in his view. He acts on what comes to mind for survival. Unlike Jagdeo, he would have given up hope and hollering rape, rape.   Granger is trying a thing to see if baldhead Jaggy is paying attention.  

There is nothing unique about what Granger is doing.  The PNC has been cheating and bullying from inception of the party and there is nothing to suggest that they will ever change.  Your analyses are short-sighted and at best amusing.

Nehru posted:

Billy, I have been saying so about the Bastards for ages now AND I was/is and will always be right about those CRIMINALS calling themselves PNC!!!

Nehru,

The Carter Center had to force their hands to hold free elections in 1992 and they now have the nerve to tell the Guyanese people that Hoyte voluntarily allowed free elections. What a dam lie!!  

Billy Ram Balgobin posted:
Nehru posted:

Billy, I have been saying so about the Bastards for ages now AND I was/is and will always be right about those CRIMINALS calling themselves PNC!!!

Nehru,

The Carter Center had to force their hands to hold free elections in 1992 and they now have the nerve to tell the Guyanese people that Hoyte voluntarily allowed free elections. What a dam lie!!  

They are addressing DJ etal

 

Billy, you sW THAT mOVIE dumb AND dumber???

Billy Ram Balgobin posted:

Granger is doing the same thing Hoyte was doing.  He is not going to allow free and fair elections until international pressure is placed on his government. 

Granger doesn't have a government. The government fell (finally) effective June 18, 2019. They should have retroed it back to December 2018 or better yet, May 2015. 

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