The electoral machinery must be free, must be fair, must be impartial, and we must do everything possible to ensure that that happens.11 [23] It is against this background that Article 161(2) should be understood and construed. We agree with the courts below that a purposive approach to the interpretation of the Article is appropriate. We agree too that the evolution of Article 161(2) has been characterised by a significant and deliberate shift from exclusivity and unilateralism, on the part of the President, to inclusion and consensualism. This element of inclusion secures the participation of the Leader of the Opposition in the process by which the Elections Commission Chairman is selected and appointed. [24] The first part of paragraph (2) of Article 161 addresses in very specific terms the issue of eligibility.12 To be eligible for appointment to the post of Chairman of the Elections Commission, the candidate must: (i) be 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 (ii) have held such office; or (iii) be qualified to be appointed to hold such office; or (iv) be any other fit and proper person. The phrase, ‘any other fit and proper person’ takes its colour from the preceding categories. The person may not be qualified to be appointed as a judge but could have otherwise demonstrated integrity and impartiality and have the stature, decision-making experience and academic qualifications that are analogous to those possessed by someone who falls within the preceding three categories. The names of 6 persons who satisfy any of these criteria must be submitted to the President by the Leader of the Opposition. Subject to Article 161(2), the President must then appoint one of the six nominees as Chairman. [25] Article 161(2) states that the listed persons must be ‘not unacceptable’ to the President and that, in arriving at a list of six persons, the Leader of the Opposition is obliged to meaningfully consult with any non-governmental Hansard of the 47th Sitting April 2000 National Assembly Debates – Proceedings and Debates of the National Assembly of the First Session (1998- 2000) of the Seventh Parliament of Guyana under the Constitution of the Co-operative Republic of Guyana, page 5 of 47. 12 Note too that Article 161 (1) requires that the Chairman is not to be otherwise employed and (4) disqualifies anyone who is an alien. 11