When I read the headlines in SN yesterday morning, ‘AFC says constitutional reform still a priority,’ I could not feel a sense of elation. Instead, I sunk into a dejected mood of déjà vu. The headline itself subtly editorialized that it was not impressed with the promise. It added to the main banner ‘though no progress over three years.’ I believe that the AFC earnestly wishes to have constitutional reform but is faced with implacable resistance in the form of inactivity by APNU.
But more importantly, constitutional reform for the AFC, as well as for APNU, whenever it desultorily renews its fading undertaking, no longer seems to mean what it promised in the coalition’s manifesto. By omitting to refer to the manifesto promises, it appears that constitutional reform is being treated as a box to tick before the next elections comes along. It can then boast of fulfilling its election promise.
Neither Marx nor his contemporaries would ever have believed that his name would survive for 200 years. For his entire life, he had been known only in limited revolutionary and activist circles. His journalism and published works reached only a small audience. By the 1860s his works had not been in print for twenty years. He had hoped that Capital, published in 1867, would sell enough to liberate him from his lifelong, grinding, poverty. But only 1,000 copies were sold in five years in Germany. His funeral in 1883 was attended by 11 persons.
But he left a vast treasure of learning. Only in their twenties, both Marx and Engels wrote works which made little mass impact at the time, but which have become vastly important in the history of ideas. The most famous of them, now the most recognised political tract of all time, the Communist Manifesto, written in 1848, is still revelatory of capitalism’s contradictions and its trajectory (Yanus Varouflakis “Marx predicted the present crisis and points the way out” April 20 2018). Marx’s ‘Economic and Philosophic Manuscripts’ and Engels, ‘The Condition of the Working Class in England,’ both published in 1844, were to become important classics in the nineteenth century discourse on political economy. Other major publications by Marx include The German Ideology (1845), The Poverty of Philosophy (1847), The Eighteenth Braumaire of Louis Bonaparte (1850), Contribution to Critique of Political Economy (1859), Capital Vol 1 (1867) and dozens more.
The offence of misconduct in public office carries a maximum penalty of life imprisonment. It is what is known as a ‘common law’ offence and is triable on indictment. This means that it is is derived from judge-made law of England which Guyana has legally inherited. And it is triable by jury. The maximum penalty suggests that it is regarded as a very serious offence.
While the offence can be traced back to the 13th century, a definition, given by Chief Justice Lord Mansfield in the 1783 case of R v Rembridge emphasized its importance: “…. first that a man accepting an office of trust concerning the public, especially if attended with profit, is answerable criminally to the King for misbehavior in his office; …. Secondly, where there is a breach of trust, fraud or imposition in a matter concerning the public, though as between individuals it would be actionable, yet as between the King and the subject it is indictable. That such should be the rule is essential to the existence of the country.”
Tit for tat politics have arrived with a vengeance. The APNU+AFC police has charged PPP supporters and the PPP has struck back by charging APNU supporters. The charges against former members of the past PPP/C administration will be seen as a political vendetta and will kill any possibility of movement towards a political solution.
Reports broke on April 12 that former Minister of Finance and Chairman of NICIL, Ashni Singh, and former NICIL Head, Winston Brassington, were jointly charged in absentia by the Special Organised Crime Unit (SOCU) with three counts of misconduct in public office between December 2008 and May 2011 contrary to the common law. They were charged for: firstly, having sold 4.7000 acres of Government owned land at Liliendaal to Scady Business Corporation for $150M when they knew that it was valued at $340M by Rodrigues Architects; secondly, having acted recklessly in selling to National Hardware Guyana Limited in December 2008 Government owned land at Turkeyen for $598,659,398M without procuring a valuation; and, thirdly, having sold 10.002 acres of land at Turkeyen to Multicinemas Guyana in May, 2011, for $185M without procuring a valuation.
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.