and
CONCURRING JUDGMENTS
of
The Honourable Mr Justice Anderson and
The Honourable Mme Justice Rajnauth-Lee
Delivered on the 18th day of June 2019
JUDGMENT OF THE HONOURABLE MR JUSTICE SAUNDERS, PCCJ:
Introduction
[1]
Reverend Justice (Retired) James Patterson (“Justice Patterson”) was appointed
on 19 October 2017 by the President of the Co-operative Republic of Guyana,
His Excellency David Granger, as Chairman of the Guyana Elections
Commission (“GECOM”). The President made the appointment in accordance
with the proviso to Article 161(2) of the Constitution.1 Mr Zulfikar Mustapha,
the Appellant (“Mr. Mustapha”), complained that the process engaged by the
President in appointing Justice Patterson was flawed. He asked the Court to
quash the appointment and to direct the President to choose one of 18 persons
who had been nominated for appointment by the Leader of the Opposition, Dr
Bharrat Jagdeo. The Attorney General, the Respondent in these proceedings,
maintains that there was nothing wrong with the process and that Justice
Patterson was properly appointed.
Background
[2]
In its present form, the material part of Article 161 provides as follows:
161. (1) There shall be an Elections Commission for Guyana consisting
of a Chairman, who shall be a full-time Chairman and shall not engage
in any other form of employment, and such other members as may be
appointed in accordance with the provisions of this article.
(2) Subject to the provisions of paragraph (4), the Chairman of the
Elections Commission shall be a person who holds or who has held
office as 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 who is qualified to be
appointed as any such judge, or any other fit and proper person, to be
appointed by the President from a list of six persons, not unacceptable
1
Constitution of the Co-operative Republic of Guyana, CAP 1:01.