ADJUSTING TO AN INCREASINGLY INDEPENDENT JUDICIAL CULTURE


Grumbles of dissatisfaction were heard from the PPP/C Government when the Caribbean Court of Justice (CCJ) ruled against the Government and in favour of Trinidad Cement Limited (TCL) in 2009. TCL had taken the Guyana Government to the CCJ for violating the Treaty of Chaguaramas by not seeking COTED’s permission prior to importing cement from outside the Region. The Court found in favour of TCL but the Government of Guyana got off by the skin of its teeth on the claim by TCL of US$250 million damages. The PPP/C Government was held liable for several other violations of the Treaty. In the case of the Surinam company, Rudisa, which challenged at the CCJ the imposition of an ‘environmental’ tax on plastic bottles, the CCJ ordered the Guyana Government in 2014 to pay Rudisa US$6 million in damages. In 2017 in a similar case filed during the PPP’s term of office the CCJ ordered the Guyana Government to pay S. M. Jaleel & Co. Ltd., a Trinidad company, the ‘environmental’ tax unlawfully collected being US$11 million with interest. A future PPP/C Government will hopefully understand in future that there are consequences if it blithely ignores laws and treaties. It would have to adjust to an increasingly independent judicial culture. But emerging from an authoritarian political and judicial culture, this was not supposed to happen, even in strictly commercial matters which had no political implications.

Many PPP leaders and supporters were grossly disappointed when the CCJ overruled the decision in the Attorney General v Richardson case in which the Court of Appeal had decided that the constitutional provision limiting a president to two terms was unconstitutional. The CCJ decided that the provision did not violate the constitution. The effect of the decision was that the former President Jagdeo could not be nominated for a third term as president. The CCJ demonstrated that it was prepared to cut through the dense thicket of esoteric, interpretative, dicta and adopt a purposive determination to reflect the intent of the constitution.

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ADJUSTING TO AN INCREASINGLY INDEPENDENT JUDICIAL CULTURE


Grumbles of dissatisfaction were heard from the PPP/C Government when the Caribbean Court of Justice (CCJ) ruled against the Government and in favour of Trinidad Cement Limited (TCL) in 2009. TCL had taken the Guyana Government to the CCJ for violating the Treaty of Chaguaramas by not seeking COTED’s permission prior to importing cement from outside the Region. The Court found in favour of TCL but the Government of Guyana got off by the skin of its teeth on the claim by TCL of US$250 million damages. The PPP/C Government was held liable for several other violations of the Treaty. In the case of the Surinam company, Rudisa, which challenged at the CCJ the imposition of an ‘environmental’ tax on plastic bottles, the CCJ ordered the Guyana Government in 2014 to pay Rudisa US$6 million in damages. In 2017 in a similar case filed during the PPP’s term of office the CCJ ordered the Guyana Government to pay S. M. Jaleel & Co. Ltd., a Trinidad company, the ‘environmental’ tax unlawfully collected being US$11 million with interest. A future PPP/C Government will hopefully understand in future that there are consequences if it blithely ignores laws and treaties. It would have to adjust to an increasingly independent judicial culture. But emerging from an authoritarian political and judicial culture, this was not supposed to happen, even in strictly commercial matters which had no political implications.

Many PPP leaders and supporters were grossly disappointed when the CCJ overruled the decision in the Attorney General v Richardson case in which the Court of Appeal had decided that the constitutional provision limiting a president to two terms was unconstitutional. The CCJ decided that the provision did not violate the constitution. The effect of the decision was that the former President Jagdeo could not be nominated for a third term as president. The CCJ demonstrated that it was prepared to cut through the dense thicket of esoteric, interpretative, dicta and adopt a purposive determination to reflect the intent of the constitution.

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‘A HOWLING PACK OF LEGISLATIVE HOSTILES’ IN ‘A BRAWLING PARLIAMENTARY SLUM’


A scathing editorial in the Kaieteur News last Friday shockingly castigated Members of Parliament in most unparliamentary language, from which the headline is taken. Here is another sample: “In some respects what Guyana has is not a legislative body, but a Roach Motel overflowing with a cast of creepy characters, a real life Bates Motel horror of shocks that frightens the public. It is obvious that the great majority of members have little by way of shame or nonnegotiable moral imperatives. This is a set of people paid well to perform and deliver the crass and the cheap. They like being the way they are. They do not prepare, do no research, have no pride. They falsify, they exaggerate, they dissemble and all the while revel with their fellows in what has been reduced to a brawling parliamentary slum. They care neither about the image projected nor the impressions left.”

Some time ago I explored in an article the issue of brawling in parliaments around the world during which, invariably, members are injured by fists, objects and missiles, including furniture, hurled from one side to the other. I discovered that misbehavior, especially by the opposition, plays well back home. Supporters of opposition parties who do not normally get their way, either become angry or frustrated, or both, and explode in apparent rage. Sometimes the reverse occurs where government members are the primary offenders.

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STABROEK NEWS AT 30


Stabroek News will forever be defined by its birth pangs from an authoritarian womb. The last free and fair elections prior to 1992 were held in December 1964. The PPP obtained 45.8 percent of the votes and 24 seats in the Legislative Assembly. The PNC obtained 40.5 percent and 22 seats. The UF won 12.4 percent of the votes and 7 seats.

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RELATIONS BETWEEN GUYANA AND TRINIDAD AND TOBAGO

Of all the other Caricom countries, Guyana has enjoyed the closest relations with Trinidad and Tobago. Language, common colonial history, ethnic make-up, common cultural patterns, similar systems of government and laws and long established people to people contact have all come together to keep us close.

During the period of the 1970s to 1980s when Guyana’s economy was flatlining, Trinidad and Tobago continued to supply Guyana with petroleum products on credit. During the 1990s, at the conclusion of the debt forgiveness process under the Paris Club arrangements for Guyana, Trinidad and Tobago forgave Guyana the single largest amount of debt of hundreds of millions of US dollars. This largesse should not be forgotten. Even though it has been almost impossible for Guyanese business people to get permission to invest or for professionals to get jobs or to reside in Trinidad and Tobago, relations between the governments of Guyana and of Trinidad and Tobago have always been cordial.

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