President David Granger today declared that he will act in accordance with his perception of the constitution in appointing a new head for the country’s elections body.
“The Chief Justice gave an (interpretation) based on her perception of the Law and I will continue to act in accordance with my perception of the Constitution; that is to say I will not appoint somebody who I do not consider fit and proper,” he told reporters at State House Wednesday.
Chief Justice Roxanne George-Wiltshire Monday ruled on Article 161 (2) of the Constitution on the appointment of a Chairperson of the Guyana Elections Commission (GECOM). She said the President is obliged, in the furtherance of democracy and good governance, to provide reasons for deeming each of the six names on the list submitted to him as unacceptable.
The President has so far rejected two lists submitted to him by Opposition Leader Bharrat Jagdeo, who was asked to submit a third list.
“If you can show me the article of the Constitution which requires me to give reason, I will comply with the Constitution. But I will not do what the Constitution does not require me to do,” Granger reasoned.
The President has argued that the chairman of the Elections Commission should be judge-like, but the High Court ruled that the list of candidates can consist of judges, former judges, any person qualified to be a judge or any other fit and proper person
She also said that there is no preference of one category over the other; that any person from each category can be appointed and that the list can consist of six judicially or legally qualified persons, or six fit and proper persons.
She also ruled that there is no requirement that a judicially qualified person must be on any list; and that any fit and proper person must have the characteristics of honesty, integrity, impartially and independence from political or other control.
