Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
GECOM Chairman’s Appointment Found Unconstitutional by CCJ
Reverend Justice (Retired) James Patterson
Press Release
June 18, 2019

GECOM Chairman’s Appointment Found Unconstitutional by CCJ

The Caribbean Court of Justice (CCJ) on Tuesday, June 18 ruled that the process through which Reverend Justice (Retired) James Patterson was appointed Chairman of the Guyana Elections Commission (GECOM) by His Excellency, Brigadier David Granger, President of Guyana was flawed and in breach of Guyana’s Constitution.
The Court emphasized, however, that nothing in its judgment was intended “in the slightest degree” to cast aspersions on Justice Patterson’s competence and suitability for the position of Chairman of GECOM. Nor was there any suggestion that President Granger had not acted in good faith.
The Constitution stated that the Chairman was to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the Leader of the Opposition. Three lists, with a total of 18 nominees for the post of the GECOM Chairman, were submitted for consideration by the Leader of the Opposition. President Granger rejected the names on all three lists. The first list was rejected as, in the President’s view, the qualifications and experience of the nominees did not seem to conform to the requirements outlined in the Constitution. The second list was rejected by the President, as he found it to be unacceptable within the meaning of the Constitution and the criteria that he had set out in a ‘Statement of Qualities of the Chairman of the GECOM’ that he had submitted to the Leader of the Opposition.
Prior to the submission of the third list, the Government and the Opposition met and consulted on the “way forward on the selection and appointment of the Chairman”. After that meeting, the third list was submitted to the President and rejected as being unacceptable.
After disapproving the third list, the President advised the Leader of the Opposition that he would select a Chairman himself. This course of action is provided for by the Constitution if the Leader of the Opposition failed to present a suitable nominee. The President justified his decision to appoint a Chairman himself in part on the ground that it would not serve the public’s best interest to further delay the appointment.
In determining the main issue in the case, the Court looked first at the proper meaning of Article 161(2) of Guyana’s Constitution. That Article sets out the requirements to be satisfied for a person to be eligible for appointment as GECOM Chairman. It also sets out the general process for selecting the Chairman.
To determine the meaning, the Court looked at the drafting history of Article 161(2), observing that changes had been made to it to promote consensus and inclusiveness by involving the Leader of the Opposition in the selection process. The CCJ also stressed that “an onus is placed on the President not to find a nominee unacceptable merely because the nominee is not a choice the President would have himself made. The President should only find a nominee unacceptable for some good reason on objective grounds”. It was also found that the President could not, as a precondition to considering a nominee, include eligibility requirements that were additional, or different, from those stated in the Constitution.
The Court therefore found that the process was flawed and in breach of the Constitution. In a concurring judgment, Mme. Justice Rajnauth-Lee stated that by giving reasons why nominees are rejected, the President will engender greater public trust and confidence in the Elections Commission. Mr. Justice Anderson, also in a concurring judgment, agreed that the process was flawed but did not think that, at the consultative stage, it was necessary for reasons to be given.
The Court concluded that the most sensible approach to the process of appointing the Chairman of GECOM is for the Leader of the Opposition and the President to communicate with each other in good faith and, perhaps, even meet to discuss eligible candidates for the position of Chairman before a list is submitted formally. The CCJ having concluded that the appointment was in breach of the Constitution, the court invited both sides to present further arguments on how the issue should be rectified.
The full judgment of the Court, and a judgment summary, are available at www.ccj.org.

  • FacebookComments
  • ALSO IN THE NEWS
    Slater traduced on social media, attacked at home
    Front Page
    Slater traduced on social media, attacked at home
    Webmaster 
    May 8, 2026
    Acting head of the Agency for Public Information (API) Nadia Slater, who was beaten at her home during a period where she was being traduced on social...
    Nurse gains her PhD, sets her eyes on more
    Front Page
    Nurse gains her PhD, sets her eyes on more
    Webmaster 
    May 8, 2026
    Driven to achieve academically, Samantha Burnett- Harry, a lecturer at the Division of Nursing Education, who recently obtained a PhD in Nursing, stil...
    Gov’t proceeding with development bank despite caution from IMF
    Front Page
    Gov’t proceeding with development bank despite caution from IMF
    Webmaster 
    May 8, 2026
    Government plans to move forward with its general elections campaign promise of establishing a National Development Bank, stressing that if properly m...
    Lawyer hints at legal action against Commissioner
    Front Page
    Lawyer hints at legal action against Commissioner
    Webmaster 
    May 8, 2026
    Lawyer, Grant Connell has hinted at the possibility of pursuing legal action against Commissioner of Police (COP) Enville Williams regarding statement...
    North Leeward Carnival launch set for Saturday
    Front Page
    North Leeward Carnival launch set for Saturday
    Webmaster 
    May 8, 2026
    North Leeward kicks off its 2026 Carnival programme on Saturday, May 9 at the Chateaubelair Park from 1:00 p.m in the form of a Launch and Night of Cu...
    Vincentian Educator Among Top Three US Principals
    Front Page
    Vincentian Educator Among Top Three US Principals
    Webmaster 
    May 8, 2026
    A Vincentian educator who began her teaching career at the then Kingstown Methodist School has been recognised among the top middle school principals ...
    News
    Government to soon unveil ‘Love SVG’ initiative
    News
    Government to soon unveil ‘Love SVG’ initiative
    Webmaster 
    May 8, 2026
    Minister of Tourism, Civil Aviation, and Sustainable Development, Kishore Shallow, announced that a new initiative titled “Love SVG” will soon be impl...
    SVG Government to tackle  property tax non-payments
    News
    SVG Government to tackle property tax non-payments
    Webmaster 
    May 8, 2026
    Modernizing and reforming the tax system of St Vincent and the Grenadines (SVG) is one of the areas that the months-old Dr. Godwin Friday administrati...
    New man at the helm as Coordinator of Sports and Physical Activities
    News
    New man at the helm as Coordinator of Sports and Physical Activities
    Webmaster 
    May 8, 2026
    A new co-ordinator of sports and physical activities has been appointed in St Vincent and the Grenadines under the remit of the Ministry of Youth, Spo...
    Troumaca Bottom Beach targeted for recreational development
    From the Courts, News
    Troumaca Bottom Beach targeted for recreational development
    Webmaster 
    May 8, 2026
    The Troumaca Bottom Beach, located in North Leeward, is set to undergo major transformation as part of the World Bank funded “Unleashing the Blue Econ...
    Vincentian-based in  Holland pays fine, avoids jail on marijuana charges
    From the Courts, News
    Vincentian-based in Holland pays fine, avoids jail on marijuana charges
    Webmaster 
    May 8, 2026
    A senior citizen of Barrouallie who is based in the United Kingdom (UK), was fined for illegally possessing, trafficking and exporting cannabis after ...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok