3.
In the absence of 1 and 2 above ‘any other fit and proper person’
should be appointed according to Article 161(2) of the
Constitution.
The categories of persons specified above are necessary because
such persons should have the following characteristics:
a)
b)
c)
d)
e)
f)
[5]
That person is deemed to have wide electoral knowledge,
capable of handling electoral matters because he or she is
qualified to exercise unlimited jurisdiction in civil matters;
That person will discharge his or her functions without fear
or favour, that is, he or she will not allow any person or
organization to influence him or her to compromise his or
her neutrality;
That person will discharge his or her functions neutrally,
between the two opposing parties, as he or she would have
done in Court between two opposing litigants;
That person will not be an activist in any form (gender,
racial, religious etc);
That person should not have any political affiliation or
should not belong to any political party in any form, apparent
or hidden; and,
That person should have a general character of honesty,
integrity, faithfulness and diligence in the discharge of his or
her duty as Chairman.
The Leader of the Opposition submitted to the President a second list of names
on 2 May 2017. Each nominee’s CV was also provided. The President, on 2
June 2017, again rejected the Opposition Leader’s submission. He found this
second list also to be unacceptable within the meaning of the Constitution and
the criteria set out in his Statement. Again, no specific explanation was given as
to what made the list (or particular nominees named in it) unacceptable. Ten
days later, on 12 June 2017, the Government and Opposition issued a Joint
Statement concerning the selection of a Chairman. According to the Joint
Statement, the parties (which included the President and Opposition Leader)
met to ‘consult on the way forward on the selection and appointment’ of the
Chairman. The parties agreed that it would be in the best interest of the people
of Guyana that a GECOM Chairman be appointed without ‘undue delay’. It was
also agreed that a new list would be submitted by the Leader of the Opposition.
[6]
It is interesting to note that the Joint Statement also recorded the parties’
agreement that, ‘[A] high-level team would be assembled representing the