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
      • Privacy Policy
      • 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
      • Privacy Policy
      • 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
    Government’s Annual Christmas Road Cleaning Programme Begins Monday, December 8
    Press Release
    Government’s Annual Christmas Road Cleaning Programme Begins Monday, December 8
    Webmaster 
    December 5, 2025
    The Government of St. Vincent and the Grenadines has announced that the Annual Christmas Road Cleaning Programme will commence on Monday, December 8, ...
    New Cabinet takes oaths
    Front Page
    New Cabinet takes oaths
    Webmaster 
    December 5, 2025
    PRIME MINISTER Dr. Godwin Friday has thanked former Prime Minister Dr. Ralph Gonsalves and the ministers who served in the previous administration for...
    New Government receives counsel from Pastor Brent
    Front Page
    New Government receives counsel from Pastor Brent
    Webmaster 
    December 5, 2025
    WITH THE GENERAL ELECTIONS season over in St Vincent and the Grenadines, and a new prime minister now in office, one religious leader here is calling ...
    Dr. Gonsalves expects privileges, courtesies as ex-PM
    Front Page
    Dr. Gonsalves expects privileges, courtesies as ex-PM
    Webmaster 
    December 5, 2025
    FORMER PRIME MINISTER, Dr. Ralph Gonsalves says he is expecting that as a former prime minister, he will be accorded “all the usual courtesies and pri...
    Woman killed in Ottley Hall
    Front Page
    Woman killed in Ottley Hall
    Webmaster 
    December 5, 2025
    CERTAIN DATES hold bad omens for people, and that is exactly what December 1, is for the Fredericks family of Ottley Hall- a bad omen. In an uncanny k...
    Homicide in Layou again
    Front Page
    Homicide in Layou again
    Webmaster 
    December 5, 2025
    LAYOU IS IN THE NEWS in relation to homicide again, and this time around it was a female from the area that lost her life when a gunman struck. On Fri...
    News
    Taiwan downplays fears of SVG Diplomatic
    News
    Taiwan downplays fears of SVG Diplomatic
    Webmaster 
    December 5, 2025
    AIWAN HAS PLAYED DOWN concerns that St Vincent and the Grenadines might switch diplomatic recognition to Beijing, insisting ties with its Caribbean al...
    St. Lucia stays red: SLP secures 14 of 17 seats, Pierre returns as PM
    News, Regional / World
    St. Lucia stays red: SLP secures 14 of 17 seats, Pierre returns as PM
    Webmaster 
    December 5, 2025
    ST. LUCIA’s political map turned bright red on Monday as the St. Lucia Labour Party secured a commanding re-election victory, clinching 14 of 17 seats...
    High Court quashes appointments of Clerk, Deputy Clerk of Parliament
    News
    High Court quashes appointments of Clerk, Deputy Clerk of Parliament
    Webmaster 
    December 5, 2025
    THE HIGH COURT sitting in St Vincent and the Grenadines (SVG), ruled in favour of the Public Service Union (PSU) in the matter leading to the appointm...
    Several Vincentians in UK military dodge the proverbial bullet
    News
    Several Vincentians in UK military dodge the proverbial bullet
    Webmaster 
    December 5, 2025
    SEVERAL VINCENTIAN soldiers attached to military units in the United Kingdom (UK), who were part of war games which were recently held on Salisbury Pl...
    Deputy Prime Minister says violence goes beyond politics
    News
    Deputy Prime Minister says violence goes beyond politics
    Webmaster 
    December 5, 2025
    RECENTLY APPOINTED Minister of National Security, Major St. Clair Leacock, says the crime situation in St Vincent and the Grenadines (SVG), goes way b...

    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