INDEPENDENT THIRD WORLD JUDGES LEAD THE WAY


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.

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THE GOVERNMENT’S ATTITUDE TO THE CONSTITUTION IS DEEPLY TROUBLING


I adopt the sentiments of Lincoln Lewis, who writes frequently on constitutional matters. He said in last Sunday’s Chronicle: “We are facing a very serious situation and what I am about to say is intended to right a ship, veering wildly off course and posing dire implications for the rule of law, the legitimacy of the executive, and protecting the well-being of the society.” Mr. Lewis cited the following instances where the authority of the executive and limits of the President have been exceeded: 1. The termination of leases in the MMA; 2. (Mis)Interpretation of criteria for Gecom chair; 3. The termination of Red House lease; 4. Seeking to possess the property of Clarissa Riehl; 5. Instructions given to the Police Service Commission not to act on a list for promotions. While Mr. Lewis’s did not explicitly say so, his conclusion is that the court rulings suggest that the constitution is being violated.

A strong editorial in the Stabroek News of August 21 did not mince words. Additional violations were cited in extenso:”…the directive issued by Minister of State Joe Harmon on June 26 to the Police Service Commission (PSC) in the name of President Granger for the halting of the police promotions process must be condemned as an attack on constitutionalism….Given President Granger’s flawed reading of the constitutional provisions relating to the appointment of a Chairman of the Guyana Elections Commission, his unconscionable delay in acting upon the recommendations of the Judicial Service Commission and the May 2015 attempt by Minister Simona Broomes to issue an instruction to the Public Service Commission, which was later ruled ultra vires by the High Court, a pattern of highly worrying behavior has emerged. It is clear that when it suits the President and the government to ignore constitutional precepts – in this case the vital insulating of service commissions – it is prepared to do so. Two and a half years into its term of office, this tendency is rife with jeopardies to constitutional rule and the rule of law. It also adds to the unpleasant legend of the PNC’s undemocratic rule of the 70s and 80s, the flying of colours of the party over the Guyana Court of Appeal and the entrenching of paramountcy of the party as enshrined in the Sophia Declaration.”

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WHEN SHOULD A JUDGE RECUSE HIMSELF OR HERSELF?


‘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.

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ECHOES OF THE EVER-PRESENT PAST


In 1838, as former slaves were celebrating the abolition of slavery the British colonial empire, Jesuit priests of Georgetown University in Washington DC, in the US, were selling 272 slaves to Southern estates to raise funds for the University. This trade in human degradation lasted until 1865 when the institution of slavery, one of the worst crimes against humanity, was formally abolished in the US.

After much public pressure Georgetown University announced during last week, as recommended by a report it had commissioned, that it would offer a public apology, would rename two halls as Isaac Hall for Isaac Hawkins, one of the slaves sold, and as Anne Marie Becraft Hall, in honour of a 19th-century educator who founded a school for black girls in Washington. It would also give priority in admission to descendants of the 272 slaves whose names were recorded and some of whose descendants have been or are being traced.

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CHEDDI JAGAN’S CONTRIBUTION TO GUYANA’S INDEPENDENCE


Inspired by events that were occurring in the wider world and influenced by progressive views while he was a student in the United States, Dr. Cheddi Jagan returned to Guyana in 1943, then British Guiana, intent on becoming politically involved on behalf of the poor and disadvantaged. He chose the trade union movement as an entrance point. Ashton Chase and Jocelyn Hubbard, both trade unionists, were sought out to join with him and Janet Jagan to form the Political Affairs Committee (PAC) on November 6, 1946, as a study and discussion group. Branches emerged in various places including Kitty, Buxton and Enmore. My father, Boysie Ramkarran, joined the Kitty Group in 1947. Ashton Chase, at the 50th Anniversary celebrations of the PAC said that my father was the Secretary of that group. Eusi Kwayana was active in the Buxton group.

Amidst unrest and great and increasing poverty in the Caribbean in the 1930s and 1940s due to the Great Depression and drop in the price for sugar, the bauxite workers went on a long strike in 1947. In 1948 the successful Teare strike of transport workers took place followed by the Enmore strike of sugar workers. Having already won a seat in the Legislative Council in 1947, these events, and in particular the Enmore strike, motivated Cheddi Jagan to speed up the establishment of a political movement to struggle for universal adult suffrage, social justice and independence.

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