The collapse of the Palmyra foundation structure intended to support an Indian Arrival Monument to be unveiled on Arrival day was reported by the Stabroek News on April 27. Stabroek News had interviewed a Mr. Marlon Cumberbatch who said he was the supervisor of the construction company. He couldn’t say what caused the collapse but suggested that the project needed to be redesigned. Mr. Cumberbatch stated that the construction company would be dissolved. Workers complained that they had not been paid and sources told Stabroek News that Mr. Cumberbatch was indeed the contractor. The choice of contractor, the design of the project, the reason for the collapse, all remain state secrets.
While not much has been announced, it appears that the government has embarked on policies to make the small man into a real man by opening up opportunities in construction and other areas. There have been complaints for a long time that Guyanese contractors of African descent were being discriminated against. Bringing a contractor from Linden to undertake a contract in the Corentyne, suggests that the policy of redress, and a lop-sided one at that, is in full swing.
‘Inappropriate recusals are potentially very damaging.’ This statement begins the concluding portion of an article by Professor Abimbola Olowofoyeku, Professor of Law, Brunel University, London, UK, entitled ‘Inappropriate Recusals’ in The Law Quarterly Review, April 2016.
The main basis for recusals by judges (or other adjudicators, including magistrates) is actual or potential bias or the appearance thereof. It is in the Judge’s discretion to do so. As far back as 1972 in the libel appeal of Jagan v Burnham in Guyana’s Court of Appeal, the then Chancellor of the Judiciary, E.V Luckhoo, rejected an application by Dr. Fenton Ramsahoye, appearing for Janet Jagan, to recuse himself on the ground that his brother, Lionel Luckhoo, was appearing for Burnham.
One of the reasons behind public executions in the past and at present was and is to demonstrate the power of the State so that citizens would be duly intimidated. Public executions have largely disappeared. The growth of democracy has forced the development of more sophisticated methods of state intimidation, even though the gory spectacle remains in a few countries with significant democratic deficits and is pursued b a few terrorist groups, particularly ISIS.
The State machinery, particularly its enforcement arms, are theoretically and practically the major instruments of State control and enforcement. A more insidious form of State intimidation and oppression is the use of the press. Guyana has experienced starting from the late 1960s, the use of the privately owned press to inflame passions against the PPP Government, to misreport the news, to distort the truth and to encourage violence. The privately owned press was one of the main instruments in the struggle against the PPP Government. I am not familiar with the history of the press before this period. But I am sure it did its utmost to support the colonial authorities to intimidate persons and organisations who resisted the powers of the State, in particular the organized and unorganized workers’ movements.
The State Asset Recovery Bill (“Bill”) was passed in the National Assembly on Friday last after a robust debate. It is a bold and vital instrument in the anti-corruption effort, although modern anti-corruption legislation still remains to be addressed. When I wrote in 2012 that the PPP Governments had made efforts to curb corruption, but that by then it had become pervasive and further steps needed to be taken, it was legislation such as this that I had in mind. One of the triggers for my article was the many inquiries made of me for at least two years before my term as Speaker ended in 2010 as to whether AML/CFT legislation was pending. I knew that there was a requirement from CFATF that such legislation be passed but it was only when sanctions were threatened after the 2011 elections that the legislation was finally tabled by the last Government.
Political considerations were mainly responsible for the then combined APNU and AFC Opposition to oppose the AML/CFT Bill, just as political considerations are now mainly responsible for the current Opposition opposing the Bill.
Two Fridays ago a seminar on Constitutional Reform the Process, was held at the University of Guyana. The event, which was well attended, was organized by the Carter Centre and facilitated by the British High Commission. The PPP and a cross-section of civil society were represented, but conspicuously absent was any APNU or AFC party or Government representatives. The discourse focused on why there should be constitutional reform and the process by which it should be undertaken. The event was not intended to have a formal conclusion but to have Guyanese ownership.
Many ills of the society that needed redress were identified. There were concerns that elected officials were interfering in the democratic right to protest, of political intermeddling in Amerindian affairs, of the need for equity in the society, of implementing the existing provisions of the Constitution, of educating young people about the issues, and everything in between. The debate around the issues raised was lively and energetic. The fact that the audience remained attentive and engaged throughout the three-hour event suggested that there is much interest in constitutional reform and scope for more debate.