Political tensions in Guyana took a turn for the worst over the past two weeks. This has resulted from the appointment by President Granger of former Justice James Patterson as Chairman of the Elections Commission. Claiming that the third set of names contained no one who was fit and proper as required by the Constitution, the President, rejecting the names, utilized the constitutional proviso that enabled him to appoint a judge or former judge or a person qualified to be a judge.
Mr. James Patterson may not have been the President’s first choice. The appearance of Major General (ret’d) Joe Singh’s name among the final six gave some hope that the matter would be resolved without resort to the proviso. Those who know the retired Major-General suggest that he would not have allowed his name to go forward if there was any possibility that it would be rejected as not fit and proper. His sudden resignation from all government posts suggest that an undertaking, which may have been given to him, had been violated.
The Peoples’ Progressive Party went to extraordinary lengths over ten months to find eighteen Guyanese willing to agree to have their names submitted to the President of Guyana for consideration to be appointed to one of the most difficult, controversial and thankless of jobs – Chair of the Elections Commission. Of the last six names submitted, two immediately leap out for consideration. Retired Major General Joe Singh was the highly respected Chief of Staff of the Guyana Defence Force and was a former Chair of the Elections Commission for the 2002 elections, which were credibly held. Attorney at Law Teni Housty is a well-respected, well-qualified, senior, experienced, lawyer and former President of the Guyana Bar Association. Many of the other nominees are also well qualified but no one can seriously assert that the political persuasion of either of these gentlemen, if any, would influence their decisions. Many observers expected, or at least hoped, that President Granger would find suitable persons from the last six.
The PPP has announced that it will mount a constitutional challenge to the President’s appointment. The best time for this was after the President had rejected the first six names and in doing so had suggested that the names should be of only judges, former judges or persons qualified to be judges. The results of the case which was filed after the Leader of the Opposition had submitted a second set of names, showed that it could have been possible to obtain an order from the court directing the President to choose a name from that first six. The Leader of the Opposition having submitted two further sets of six names, each at the invitation of the President, for understandable reasons, has deprived him of the opportunity of having an order in relation to the first six names.
October 5 will forever be remembered in the history of Guyana as the date when a short-lived democracy was restored. Our freedom was obtained on May 26, 1966. The period of formal democracy lasted from 1966, until 1968 when it was crushed by rigged elections.
The rigging of the 1968, 1973, 1980 and 1985 elections have been fully documented elsewhere. But the entire gamut of manipulative techniques was employed. Laws were passed that removed all but the formal powers of the Elections Commission and handed over the management of the elections to the Chief Elections Office. The free press was destroyed and Parliament unrepresentative. But opposition to the rigging of elections never subsided.
For more than twenty years the task of choosing a chairperson of the Elections Commission (GECOM) was without controversy. With the resignation of Dr. Steve Surujballi the President invited the Leader of the Opposition to submit a list of six, not unacceptable, names under article 161 of the constitution, which was done in December, 2016. The article requires the chair to be a judge, a former judge or a person qualified to be a judge (the “judge category”) or a fit and proper person. The President rejected the list in its entirety. He first suggested that only a person in the ‘judge category’ could be appointed but later amended that to indicate that preference must be given to the ‘judge’ category. The President also stated that all the names on the list must be acceptable and if one is not, he is entitled to reject the entire list.
At the invitation of the President, the Leader of the Opposition submitted a second list. This was also rejected by the President. The Leader of the Opposition continued the policy of engagement and indicated that he will submit a third list. However, by that time, Mr. Marcel Gaskin, of a new organization called RISE, formed to promote constitutional reform, brought legal-constitutional proceedings seeking answers to four questions. These were: whether the list must include a judge, former judge or person qualified to be a judge; whether the President must state reasons for deeming each of the six names unacceptable; whether the President is obliged to select a person unless he has decided that the persons are unacceptable; whether one person being unacceptable renders the whole list unacceptable. The Guyana Bar Association, entered a case as amicus curiae (a friend of the court) and made submissions. The case was heard before Chief Justice (ag) George-Wiltshire, who announced an oral decision on July 17. The 33-page written decision became available last week.
Membership of our two main political parties does not necessarily imply that one is a racist or subscribes to an ethnic approach to politics. The leaderships of both parties seriously strive, largely unsuccessfully, to broaden the leadership and membership of their parties. That they have not been successful has not modified their efforts. In the past when there was a clearer ideological distinction between the parties, it was even easier to justify the assertion that motivations for political activism were not ethnic, at least overtly. But supporters are recalcitrant.
While no leader would tolerate ethnic slurs made by their supporters, they are always conscious of the fact that unacceptable language or characterizations in referring to another ethnic group is a common feature of Guyanese life and their supporters might falter. Strong measures should always be taken against such behavior. When Bill Maher, the white US TV host/comedian, liberal and strongly anti-racist, who donated US$1 million to Obama’s election campaign, recently said light-heartedly while interviewing someone that he should not be considered a ‘house n***’, there was a national outcry. He barely kept his job and had to apologise and publicly atone. One of his guests in his next show, the African American actor and rapper, Ice Cube, said that when that word is used in any context, except by African Americans who are now the owners of the word, and presumably are permitted to use it, ‘it’s like a knife.’ Words of racist abuse feel the same way to every race and they do reflect a ‘personal philosophy.’