recommendations were made to improve the electoral system of Guyana. These
recommendations included changes to the method of appointment of the
Chairman of the Elections Commission and changes to the composition of the
Commission.
[38]
In March-April 1991, a Council delegation led by Prime Minister George Price,
met with the relevant parties and was able to “forge a compromise solution
which resulted in the expansion and reconstitution of the Commission”. The
Report noted:
Under the agreement both the PNC and the opposition would name two
additional members of the Commission and a new chairman would be
selected by President Hoyte from a list proposed by the opposition.
President Hoyte indicated that he would respond favourably to this
formula if he received a letter from the opposition coalition (PCD)
which (1) indicated their acceptance of the proposal, (2) pledged not to
raise any further objections regarding laws affecting electoral
procedures, and (3) promised to support a constitutional amendment
necessary to effect the change. On April 12, the PCD sent the desired
letter… Following the agreed upon formula, Rudy Collins, formerly the
Guyanese ambassador to Venezuela and then CARICOM assistant
secretary general was chosen as the new Elections Commission
chairman.16
[39]
The Council’s formula for the appointment of the Chairman of the Elections
Commission for Guyana – commonly referred to as “the Carter formula” or “the
Carter-Price formula” – was introduced by way of legislation into the
Constitution of Guyana in a piecemeal fashion,17 beginning in 1991 with the
Constitutional (Amendment) (No. 2) Act 199118 (“the 1991 amendment”).
Although, in keeping with the provisions of the 1991 amendment, the Chairman
of the Elections Commission would still be appointed unilaterally by the
President, the 1991 amendment expanded the categories of persons qualified to
be elected as Chairman to include “any other fit and proper person”. The 1991
amendment also increased the number of the members of the Commission -
16
Pages 20-21 of the Carter-Price Report.
As suggested by Counsel for the Appellant in the Court of Appeal and recorded in the judgment of Cummings-Edwards, Ch.
(ag.) at [23].
18
Act No 12 of 1991.
17