ELECTIONS IN THE UK


With the Conservative Party polling at 42 percent and the Labour Party at 32 percent, the results on December 12 appear to be a likely Conservative Party victory. Although the race appears to be tightening, Labour seems to have exhausted its capacity to draw down more of the Liberal Democrats’ remain (in the European Union) support, having already reduced that party from 18 to 13 percent, aided by its leader’s poor performance at a recent question and answer session. With Brexit (Britain’s exit from the European Union) as the dominant issue, Labour is also in danger of losing to the Conservatives some of its marginal seats with majority leave support. Leave voters remain solidly behind the Conservatives while remain supporters are split between Labour, the Liberal Democrats and the Scottish Nationalists.

In order to avoid alienating Labour supporters, who also support leaving the European Union, the Labour Party was forced into a three-pronged strategy – renegotiation of the Brexit deal followed by a referendum, Jeremy Corbin’s neutrality, and an emphasis in the election campaign on social and economic issues. This was only partially successful. The manifesto of the Labour Party attracted wide attention and support for its radical proposals on nationalization, tax increases for the wealthy, social benefits, increased funding for the health service, a shorter working week, elimination of austerity and many others. The Conservative Party’s manifesto proposals on social and economic issues were far more modest and attracted comment only in so far as they were unfavourably compared to Labour’s.

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THE AFC WINS


The terms of the coalition between the APNU and AFC appear to have been agreed. The core elements are that Minister Khemraj Ramjattan will be the Prime Ministerial candidate and the split will be 60:40 instead of 70:30. AFC will obtain 10 seats in Parliament instead of 12 and 5 Cabinet positions, down from 6. President Granger will likely be head of the list, or otherwise choose the MPs and if he chooses to retire before the end of the term, Minister Ramjattan, as Prime Minister, will not succeed him. If this happens the Government will be forced to engage in the same constitutional dance that the PPP/C was forced into in 1999 when President Janet Jagan resigned, and which was extensively criticized by the then PNC/R. Mr. Sam Hinds had to resign as Prime Minister so that Mr. Bharrat Jagdeo could be appointed to that post to be in a position to succeed Mrs. Jagan when she resigned. Mrs. Jagan then resigned as President and Mr. Bharrat Jagdeo succeeded her. He then re-appointed Mr. Sam Hinds as Prime Minister. There is no other constitutional means by which this could have been accomplished.

Despite the apparent disagreements and extensive discussions to resolve them, observers were never in doubt that the coalition would survive, even if the AFC had to make concessions. The APNU in all its past manifestations has never legitimately won more 42 percent of the vote. With the AFC as a coalition partner, it won 50+ percent, the first time in its history. The AFC’s concessions were very modest, having regard to the party’s poor showing at the local government elections, managing to acquire only 4 percent of the vote. A drop from 10 percent of the vote in 2011, and thereabouts in 2015, to 4 percent in 2018, would have suggested that APNU was in a good position to demand more. But the need to have the AFC on board and the AFC’s aggressive posturing during negotiations obviously carried the day by forcing APNU to accept only nominal concessions in percentages and, more significantly, Khemraj Ramjattan as Prime Minister candidate. APNU was forced to drop its favoured friend Moses Nagamootoo.

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IMPEACHMENT


The impeachment inquiry now going on in the US House of Representatives, and televised daily, is as gripping as any psychological thriller. Alfred Hitchcock’s famous Psycho comes to mind. In the midst of the evidence of Marie Yovanovitch, the former US Ambassador to Ukraine, who was described by President Trump, in a telephone call to President Zelensky of the Ukraine, as ‘bad news,’ President Trump tweeted: “Everywhere Marie Yovanovitch went turned bad. She started out in Somalia. How did that go? Then fast forward to Ukraine, where the new Ukrainian President spoke unfavourably about her in my second phone call to him…”

Ms. Yovanovitch was prematurely dismissed as Ambassador, at the instigation of Rudy Guilani, President Trump’s lawyer, because she was seen as an obstacle to the President persuading President Zelensky declaring an investigation of former Joe Biden’s son, Hunter Biden and the Ukranian company, Burisma, of which he was a director, for corruption so as to assist President Trump’s re-election campaign. The tweet, hotly debated in the US as witness tampering, was not only shocking to lawyers and politicians alike, but revealed character traits of President Trump (“insecurity as an imposter” as described as Speaker Nancy Pelosi) that have been debated in the US media since his election as President.

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THE GHOST OF ESTHER PERREIRA


Esther Perreira, a PNC supporter, filed an election petition in 1998, challenging the validity of the 1997 elections on several grounds, one of which was that the elections were unlawfully conducted. It was argued that the provision made in Election Laws (Amendment) Act 1997, which was supported unanimously in the National Assembly, that a voter must produce a voter identification card to be able to vote, was unconstitutional because it added a qualification to vote which was not countenanced by the constitution.

On 16 January 2001 Justice Claudette Singh (as she then was), now Chair of the Elections Commission, ruled that the requirement for a voter identification card was ultra vires articles 59 and 159 of the Constitution and, therefore, the elections were null and void. Justice Singh said: “…the constitutional right to vote would be denied to any person who did not produce such a card.” Justice Singh further noted that “with the introduction of the voter identification card, a person may be registered and still not be entitled to vote.”

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WILL THE AFC SURRENDER?


Jaded by the PPP/C’s 23 years in office, many were elated at the coalition between the APNU and AFC because it offered the real possibility of ending the PPP/C’s long incumbency. APNU/PNCR had traditionally polled 40 to 42 percent of the vote and the AFC had obtained the support of 10 percent of the electorate in 2011. The Cummingsburg Accord, signed on February 14, 2018, and expiring on February 14, 2020, gave the AFC the Prime Ministership, 40 percent of the ministries and 12 seats, about 40 percent as it turned out, in the National Assembly. Discussions for a renewal of the Cummingsburg Accord prior to the March 2, 2020, general elections are not going well. Between the beginning stages, of the failure to find a creative interpretation of the Constitution to enable the Prime Minister to chair the Cabinet and, at the ending stages, the inability of the parties to agree on a formula for the division of spoils at the 2018 local government elections, and everything in between, it was anticipated that the coalition had challenges.

Soon after the formation of the Government in May 2015, dissatisfaction began to be expressed from within APNU that the AFC had been given an overgenerous portion of the coalition, about 40 percent, in National Assembly seats and in the Cabinet. Triumphalism and an unnatural confidence, born of an unnatural electoral history, that APNU can retain political power indefinitely without the AFC, led to the grumbling within APNU that the AFC had ‘got too much,’ that the Cummingsburg Accord was skewed in its favour. APNU failed to understand that it had to pay not merely for the coalition but also for the victory that the coalition would bring. Therefore, the 10 percent that the AFC was expected to bring to the coalition was worth the 40 percent price that APNU had to pay in order to dislodge the PPP/C and attain victory at the elections after 23 years of PPP/C rule.

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