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.
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.’
The stunning news, unprecedented in Africa’s history, broke on Friday morning that the Kenyan Supreme Court had overturned the results of the August 8 elections which the incumbent president, Uhuru Kenyatta, 55, had won with 54 percent of the vote. The six-bench Supreme Court ruled four to two in favour of a petition by Raila Odinga, 72, running and losing for the fourth time, with 44 percent of the vote, who claimed that electronic voting results were hacked in favour of Kenyatta. New elections were ordered in 60 days.
Chief Justice David Maraga, in delivering the ruling said: “After considering the evidence, we are satisfied that the elections were not conducted in accordance with the dictates of the Constitution.” The court said that the elections commission committed “illegalities and irregularities…in the transmission of the results,” the details of which will be set out in the written judgment to be delivered in 21 days.
Being away for the past six weeks allowed me the luxury of leisurely contemplating Guyana from afar. The news emerging was not encouraging. The prison was burnt down and prisoners escaped; then more escaped from Lusignan. A disaster waiting to happen, it was said, but nothing of significance was done to prevent it. Perceptions of the Constitution, where it differed from the Court’s, were given equal weight. Secret dealings with ExxonMobil are justified on blatantly flawed and trivial excuses. Budget allocations are not being disbursed thus limiting economic activity and job creation. Rupert Roopnaraine resigned, then changed his mind.
Freddie Kissoon and Kaieteur News continue their decades long, personal, vendetta against me, because of an apology he and KN were forced to make to me more than twenty years ago. In pursuance of his hate campaign, Kissoon regurgitates stories that I have already fully answered ten and more years ago – answers which he does not reveal when he rambles on, ad nauseam.