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FM
Former Member

PPP secures early date for GECOM case

 

GECOM Chairman saga

A date has been set for the hearing of the matter involving the unilateral appointment of retired Justice James Patterson as Chairman of the Guyana Elections Commission (GECOM).

Opposition MP, Anil Nandlall

Opposition Member of Parliament (MP) Anil Nandlall told this newspaper that the matter will be heard before Chief Justice Yonette Cummings-Edwards on Thursday, November 16, 2017 at 13:15h.
The Opposition People’s Progressive Party (PPP) had filed an injunction in the High Court on Monday to rescind the appointment on the grounds of unconstitutionality.
Nandlall has said that the injunction is seeking a declaration that Justice Patterson is not qualified to be appointed in provision with Article 161-2 of the Constitution of Guyana.
The injunction is also seeking an order to have the appointment of Justice Patterson as Chairman of GECOM quashed and directing the President to choose a person from the 18 names submitted to him.
The injunction was filed in the name of the Executive Secretary of the PPP and Member of Parliament (MP) Zulfikar Mustapha, who is an elected official that has legal authority.
Apart from that, the Opposition MP said he also planned to write the acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards requesting that the matter be heard expeditiously, while noting that the Leader of the Opposition Bharrat Jagdeo will also make a similar request.
Minister of State Joseph Harmon told sections of the media that Government is not bothered by the PPP’s move to the High Court, stating that the Administration is more than ready to defend its decision.
Last Thursday evening, President Granger appointed Justice Patterson at State House following a meeting with Opposition Leader Bharrat Jagdeo.
At that meeting, the President reportedly informed Jagdeo that he’d disapproved of the third list of nominees which was submitted several weeks ago.
President Granger said he found the third list of nominees, which he received from the Opposition Leader on August 25, to be unacceptable, within the meaning of the Constitution.
He also stated that he paid careful attention to the ruling of Justice George-Wiltshire in the case, Marcel Gaskin vs the Attorney General before arriving at his decision.
Asked why he decided to hand pick 84-year-old Justice Patterson for this position, the President said it is because of his extensive experience as a former Chief Justice of Grenada.
“He has long judicial service and we feel that he is a fit and proper person. So it’s important for the reason I mentioned, that we bring this to an end and continue with the business of Guyana,” he added.
The decision has not gone down well with the political Opposition. During a press conference on Thursday last, Jagdeo announced that his party would be withdrawing its support from any form of cooperation with Government and would also mount a legal challenge to the appointment.
In addition to expressing his intention to raise the matter with the diplomatic community, Jagdeo indicted that the PPP will be calling on its support base countrywide for the national boycott.
Both civil society, the business community and trade unions have come out in strong opposition and have slammed the decision taken by President Granger. The Private Sector Commission has since condemned the decision as “dangerous” and a threat to democracy.

Replies sorted oldest to newest

Django posted:

Perfect let the ball roll.

People want a flawed constitution to function as if it is a proper constitution.

Good luck with that.  The constitution vests all power with the president. If he doesn't like the list he can select his own.  That is quite clear.

Now maybe someone can argue that Patterson isn't "fit and proper" but they cannot direct Granger to chose from the list.

FM
Last edited by Former Member
caribny posted:

Now maybe someone can argue that Patterson isn't "fit and proper" but they cannot direct Granger to chose from the list.

Granger has the OBLIGATION to choose from a list presented by the Opposition Leader, as stated in the constitution.

The president can exercise his sole choice WHEN the Opposition Leader fails to submit a list of candidates.

FM
Demerara_Guy posted:
caribny posted:

Now maybe someone can argue that Patterson isn't "fit and proper" but they cannot direct Granger to chose from the list.

Granger has the OBLIGATION to choose from a list presented by the Opposition Leader, as stated in the constitution.

The president can exercise his sole choice WHEN the Opposition Leader fails to submit a list of candidates.

The list submitted has to be acceptable by the President otherwise he can make a unilateral choice. That was the ruling of the Chief Justice and Granger adhered to this ruling.

Mars
Demerara_Guy posted:
caribny posted:

Now maybe someone can argue that Patterson isn't "fit and proper" but they cannot direct Granger to chose from the list.

Granger has the OBLIGATION to choose from a list presented by the Opposition Leader, as stated in the constitution.

The president can exercise his sole choice WHEN the Opposition Leader fails to submit a list of candidates.

We went through this already but your senile brain, addled by dementia cannot see this.

The list must be not UNREASONABLE TO The President.  If such list, meaning the list that is supplied doesn't meet the criteria of including people who are reasonable to the president, then the president can make his own choice.

Conveniently you omit the word "such".  If a list is submitted but not considered reasonable to the president, and ONLY to the president, he can act unilaterally. No where does the president even have to justify why he considers the list to be "unreasonable".

You scream that the PPP didn't change the constitution, even as they made amendments to it. Don't wail now that the constitution is now being used AGAINST them.

FM
Last edited by Former Member

If the PPP is going to court thinking that only in the event that a list is not submitted that the president can act unilaterally they will be laughed out of court. Indeed its likely that the CCJ will refuse to entertain this case.

FM
caribny posted:

If the PPP is going to court thinking that only in the event that a list is not submitted that the president can act unilaterally they will be laughed out of court. Indeed its likely that the CCJ will refuse to entertain this case.

Well they can always fall back on their claim that Patterson was a pallbearer at his friend Desmond Hoyte's funeral so that makes him ineligible to be the Chairman of Gecom. Bunch of clowns in Guyana and that goes for the government and the opposition. 

Mars
caribny posted:
Demerara_Guy posted:
caribny posted:

Now maybe someone can argue that Patterson isn't "fit and proper" but they cannot direct Granger to chose from the list.

Granger has the OBLIGATION to choose from a list presented by the Opposition Leader, as stated in the constitution.

The president can exercise his sole choice WHEN the Opposition Leader fails to submit a list of candidates.

We went through this already but your senile brain, addled by dementia cannot see this.

The list must be not UNREASONABLE TO The President.  If such list, meaning the list that is supplied doesn't meet the criteria of including people who are reasonable to the president, then the president can nake his own choice.

You scream that the PPP didn't change the constitution, even as they made amendments to it. Don't wail now that the constitution is now being used AGAINST them.

Incorrect yet again.

The constitution is quite clear on the process which the president did not follow.

Simply .... if a list of candidates are unreasonable, the president will indicate so and the Opposition Leader then needs to resubmit another list.

Second part of my original comments applies when the Opposition Leader does not resubmit a list of candidates.

FM

Appointment of GECOM Chairman a “stab in the back”

Oct 25, 2017 News, https://www.kaieteurnewsonline...-a-stab-in-the-back/

– says FITUG

The appointment of the GECOM Chairman is no less than a “stab in the back” and must be prevented from being fatal to the Guyanese people.

Representatives of the Federation of Independent Trade Unions in Guyana (FITUG), during a press conference yesterday at the headquarters of the Guyana Labour Union, on Camp Street, Georgetown, sought to voice its opinion on several issues and decisions that appear to be a burden to society.

The Federation is of the view that the unilateral appointment of the GECOM Chairman, Justice James Patterson, was unconstitutional; it does not represent traces of democracy.

President of FITUG, Carvil Duncan, said that the decision made by President David Granger has successfully managed to sprout trouble because of the fact that the leader of the Opposition had inked three lists that were submitted to the President.

He said that there was no way, that the former President could have prepared a list of persons that were not eligible. Duncan added, that much consideration must be placed into the age of the man, since he is currently 84. He will be 87 come the next elections in 2020.

Duncan noted, “Far younger persons have been complaining about the stress of being a chairman of the Elections Commission. Mr. Patterson does not have the ability to complete that job, so the only people that are going to suffer are the Guyanese people.”

FITUG while not promising a protest has not ruled out the option since according to the representatives, political views must be placed aside and allow the democracy of Guyanese to be the reason for any objections.
The Union has hinted at meeting with the Private Sector Commission to come up with better strategies of highlighting their objections.

It was noted that the major concern regarding the appointed Chairman is much related to the fact that Guyana has had rigged elections in 1968, 1973, 1980, 1985 and a referendum in 1978, all under the administration of the PNCR.

The new Chairman was sworn in on October 19, last. The decision has led to widespread criticism. On Monday, the PPC’s executive member and Member of Parliament, Zulifkar Mustapha, moved to the Court to have Justice Patterson’s appointment quashed.

FM
Demerara_Guy posted:
 

The constitution is quite clear on the process which the president did not follow.

Simply .... if a list of candidates are unreasonable, the president will indicate so and the Opposition Leader then needs to resubmit another list.

Second part of my original comments applies when the Opposition Leader does not resubmit a list of candidates.

In your mind clouded by dementia you confuse the constitution with the Carter protocol which insisted that the president must select a name from the list.

The constitution said no such thing and even when you posted the relevant section this fact was revealed.

Now I know that you don't want the constitution changed because Jagdeo drools about being president and revels in the fact that the constitution, concocted by Burnham, means that he will have uncontrolled power, but it is what it is.

The PPP didn't change it because they thought they would never lose. Well they did and now here is the PNC using the Burnham constitution against them.

FM
Demerara_Guy posted:
.

Simply .... if a list of candidates are unreasonable, the president will indicate so and the Opposition Leader then needs to resubmit another list.

 

And NONE of this is in the constitution. That is the Carter protocol.

The evidence that you submitted in fact undermined your own case.  There is that word "such" which you ignore.

FM
Demerara_Guy posted:

Appointment of GECOM Chairman a “stab in the back”

Oct 25, 2017 News, https://www.kaieteurnewsonline...-a-stab-in-the-back/

– says FITUG

The appointment of the GECOM Chairman is no less than a “stab in the back” and must be prevented from being fatal to the Guyanese people.

Representatives of the Federation of Independent Trade Unions in Guyana (FITUG), during a press conference yesterday at the headquarters of the Guyana Labour Union, on Camp Street, Georgetown, sought to voice its opinion on several issues and decisions that appear to be a burden to society.

The Federation is of the view that the unilateral appointment of the GECOM Chairman, Justice James Patterson, was unconstitutional; it does not represent traces of democracy.

President of FITUG, Carvil Duncan, said that the decision made by President David Granger has successfully managed to sprout trouble because of the fact that the leader of the Opposition had inked three lists that were submitted to the President.

He said that there was no way, that the former President could have prepared a list of persons that were not eligible. Duncan added, that much consideration must be placed into the age of the man, since he is currently 84. He will be 87 come the next elections in 2020.

Duncan noted, “Far younger persons have been complaining about the stress of being a chairman of the Elections Commission. Mr. Patterson does not have the ability to complete that job, so the only people that are going to suffer are the Guyanese people.”

FITUG while not promising a protest has not ruled out the option since according to the representatives, political views must be placed aside and allow the democracy of Guyanese to be the reason for any objections.
The Union has hinted at meeting with the Private Sector Commission to come up with better strategies of highlighting their objections.

It was noted that the major concern regarding the appointed Chairman is much related to the fact that Guyana has had rigged elections in 1968, 1973, 1980, 1985 and a referendum in 1978, all under the administration of the PNCR.

The new Chairman was sworn in on October 19, last. The decision has led to widespread criticism. On Monday, the PPC’s executive member and Member of Parliament, Zulifkar Mustapha, moved to the Court to have Justice Patterson’s appointment quashed.

And how will the opinion of a Trade Union Organization friendly to Jagdeo settle this case? It will be settled by the courts and the Chief Justice ruled that the President can unilaterally select a Chairman of Gecom once the list is unacceptable to him. Good Luck with overturning the precedent already set by the Chief Justice.

Mars
Demerara_Guy posted:

Appointment of GECOM Chairman a “stab in the back”

Oct 25, 2017 News, https://www.kaieteurnewsonline...-a-stab-in-the-back/

– says FITUG

.

President of FITUG, Carvil Duncan, , 1980, 1985 and a referendum in 1978, all under the administration of the PNCR.

.

I wonder where this man was during those years. I bet he was busy lapping up Fat Boys soup and acting as one of his pit bulls.

FM
caribny posted:
Demerara_Guy posted:

Appointment of GECOM Chairman a “stab in the back”

Oct 25, 2017 News, https://www.kaieteurnewsonline...-a-stab-in-the-back/

– says FITUG

.

President of FITUG, Carvil Duncan, , 1980, 1985 and a referendum in 1978, all under the administration of the PNCR.

.

I wonder where this man was during those years. I bet he was busy lapping up Fat Boys soup and acting as one of his pit bulls.

And tiefin taxpayer money from GPL during the Jagdeo/Ramotar years.

Mars
Mars posted:
caribny posted:

If the PPP is going to court thinking that only in the event that a list is not submitted that the president can act unilaterally they will be laughed out of court. Indeed its likely that the CCJ will refuse to entertain this case.

Well they can always fall back on their claim that Patterson was a pallbearer at his friend Desmond Hoyte's funeral so that makes him ineligible to be the Chairman of Gecom. Bunch of clowns in Guyana and that goes for the government and the opposition. 

This case is not going to CCJ.  Patterson will be out before that.  The challenge awaits when the real GECOM chairman emerges and we say better we bin keep Patterson, because the other younger and stronger one can REALLY fetch ballot boxes.  Patterson can only fetch dead people.

Bibi Haniffa

Unfortunately, PPP will lose this court case. I am not saying this because I dislike them. It's my gut feeling. The chief justice will find technicalities so Granger can keep his appointee. I don't trust her either. 

FM
Bibi Haniffa posted:
This case is not going to CCJ.  Patterson will be out before that.  .

And you all really think that some racist concocted by Jagdeo and his new best friend Ravi Dev will be selected instead?  Not likely.  Granger isn't going for anyone who Jagdeo trusts.

FM
Prince posted:

. The chief justice will find technicalities so Granger can keep his appointee. I don't trust her either. 

No technicalities there. All he needs to do is have the PPP go to an English Comprehension class which will explain exactly what the constitution said in PLAIN English, not legalese.

FM
Bibi Haniffa posted:

Our dearly, beloved GECOM chairman is seriously ill and has been ordered bed rest.

Like we goffa pick again before 2020?

Seriously, Granger has too many geriatrics running the show in Guyana. D_G could get a lil hole on if he flash he PNC card from the Kabaka days.

Mars

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