On Wednesday last the public was treated to a brilliant and expansive lecture by the former Chancellor (ag) of the Judiciary and now Distinguished Jurist-in-Residence at the University of Guyana, Carl Singh. The subject was “The Constitutional Guarantee of Fundamental Rights and the Citizen. The lecture, to a packed hall and attentive audience at Herdmanston House, was the third in the series “Conversation on Law and Society.” Chancellor Singh started by pointing out that while citizens may not always be cognizant of what their right are, they are certainly aware that the Constitution guarantees them, which they are often prepared to aggressively defend. He related the story of a visitor to a hospital in Georgetown who was being prevented from entering because the visiting hours had come to an end. During the argument between the visitor and the hospital staff, the visitor loudly proclaimed that it was her constitutional right to enter the hospital to visit her relative!
Chancellor Singh explored a wide range of issues, not all of which can be examined here. A few are selected.
Cheddi Jagan returned from studies in the United States to a British Guiana in 1943 that was a cauldron of poverty. The report of the Moyne Commission, which investigated poverty in the region in the 1930s concluded that “for the laboring population, mere subsistence was increasingly problematic.” The report was so explosive that it was not published until 1945. It weighed heavily in subsequent developments. In 1946 Cheddi Jagan, Janet Jagan, Jocelyn Hubbard and Ashton Chase, the latter two of whom were active trade unionists, formed the Political Affairs Committee (PAC). In 1947 Cheddi Jagan fought and won a seat in the Legislative Council.
The cauldron of poverty was being stirred by decades of intensified industrial unrest, prompted by the new found strength of organised labour. The British Guiana Labour Union (BGLU) was the first to be registered in the British Empire in 1922. The Man Power Citizens Association (MPCA) was registered in 1937 and represented sugar workers. The Transport Workers Union (TWU) was established in 1938 and superseded the BGLU as the largest and most militant in the city. In 1947 bauxite workers went on strike. In 1948 the successful Teare Strike led by the TWU, stopped the trains and boats and closed down the country for two weeks – unprecedented in a colony. In 1949 the Enmore strike of sugar workers took place during which five sugar workers, who became known as the Enmore Martyrs, were shot and killed. This heightened labour activity was also a feature in the Caribbean region and was prompted by a decline in sugar prices on the world market which further exacerbated poverty.
Political tensions in Guyana took a turn for the worst over the past two weeks. This has resulted from the appointment by President Granger of former Justice James Patterson as Chairman of the Elections Commission. Claiming that the third set of names contained no one who was fit and proper as required by the Constitution, the President, rejecting the names, utilized the constitutional proviso that enabled him to appoint a judge or former judge or a person qualified to be a judge.
Mr. James Patterson may not have been the President’s first choice. The appearance of Major General (ret’d) Joe Singh’s name among the final six gave some hope that the matter would be resolved without resort to the proviso. Those who know the retired Major-General suggest that he would not have allowed his name to go forward if there was any possibility that it would be rejected as not fit and proper. His sudden resignation from all government posts suggest that an undertaking, which may have been given to him, had been violated.
Very little debate has taken place on the Petroleum Commission of Guyana Bill. It is to the credit of the Georgetown Chamber of Commerce to have initiated a public discourse on the legislation around the country, albeit late in the day. The lead speaker has been former Energy Minister of Trinidad and Tobago, Kevin Ramnarine, who has tremendous expertise in many aspects of the oil industry and who has visited Guyana several times sharing his knowledge. He was ably assisted by Mr. Deodat Indar, the president of the Georgetown Chamber of Commerce, which has been invigorated in recent years by many young business leaders who are dedicated to its agenda of promoting business and commerce.
The business community is deeply interested in the Bill because it seeks to establish the institutions that will oversee the oil industry and to define the rules which would guide their functions and duties. Since it is likely that when passed, the Bill will impact the business community by providing opportunities for its growth and development for decades in the future, it is vital that not only business, but the people of Guyana, take an interest in what is being proposed to maximize the potential for Guyana.
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.