The Russian Revolution, referred to as the ‘Great October Socialist Revolution,’ took place one hundred years ago on November 7 (October 25 on the calendar in force in Russia at the time). Although the revolution was inspired by noble ideas and ideals, mainly the elimination of exploitation and poverty and the creation of a party to represent the interests of the working class to do so, it did not survive the 20th century. China and Vietnam claim to be building ‘socialism’ with their own characteristics, while establishing capitalist economies. Once ‘progressive’ developing countries have all been ensnared by globalization and neoliberalism.
The ideas of colonial liberation were given a substantial impetus by the Russian Revolution. The defeat of fascism in 1945, the Independence of India in 1947 and the liberation of China in 1949 set the stage for the dismantling of the remainder of the British Empire. These were the major events that inspired the leaders of liberation movements all over the world, including Guyana. Along the way many of them absorbed the ideas of Marx, the theorist, and Lenin, the practitioner.
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.
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.”
‘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.
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.