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.”
Alexandra Kollontai (1872-1952) was a leading Bolshevik and the earliest champion of women’s rights under the new Soviet government. From an aristocratic background, she was attracted to left wing ideas as a student and in 1899 joined the Russian Social Democratic Labour Party, under which name the communists were first organized. Kollontai devoted her energies, in exile and in Russia, to develop strategies for the organization and education of women and their involvement in the struggle against tsarism and capitalism, in unity with and as an equal partner of men. She also sought to liberate women’s sexuality as part of the liberation of women in general and promoted ideas that may appear to be quite acceptable now but which were somewhat advanced for the immediate post-feudal era in Russia (‘sexuality is a human instinct as natural as hunger or thirst’). Although Kollontai encountered much resistance by her male comrades, she nevertheless persisted and earned the support by Lenin. While she was eventually banished to a diplomatic post because of her factional struggle against bureaucracy as a member of ‘The Workers Opposition,’ her ideas heavily influenced the Soviet agenda on women and family issues. It is believed that one of the reasons that she survived the Stalin purges was because of her popularity.
In an article, ‘Why Women Had Better Sex Under Socialism’ in the New York Times of August 12, by Kirsten R. Ghodsee, a Professor of Russian and East European studies at the University of Pennsylvania, recognition was given to the role of Alexandra Kollontai. The writer said: “After the Bolshevik takeover Vladimir Lenin and Alexandra Kollontai enabled a sexual revolution in the early years of the Soviet Union with Kollontai arguing that love should be freed from economic considerations.” The ideological foundation for women’s equality had been laid by earlier writers such as August Bebel and Frederic Engels. Thus, suffrage was extended to women in 1917, immediately after the revolution and three years before the US. This was followed by the liberalization of divorce laws and freedom being given to women over reproductive rights. Unwanted pregnancies were reduced by extensive sex education.
The judiciary is one of the three branches of Government. It is a vital component of our democratic system and for this reason needs to function with a high degree of proficiency. Even though most citizens go through their lives without having to invoke the assistance of the judiciary to protect or defend their rights against other citizens or the State, nevertheless the judiciary is a bulwark against the violation of those rights. Citizens need to be assured that there is a fair and impartial judiciary that can deliver justice in a timely manner in the even that they need to call on its protection.
In the business community, commercial disputes arise frequently, although, like the general population, most go through their business without ever having to revert to the judiciary to solve disputes. A judicial system that can rapidly resolve commercial disputes is necessary not only to keep business activity turning over but to sustain confidence in the business community, both local and foreign, to invest or continue to invest in Guyana.
Petronella Trotman is the name adopted by Ronnell Trotman, who is a transgender person. Born a male, she identifies as a female. Two famous transgenders, born as males and now identifying as women, are Caitlin Jenner, an Olympian and television personality, and Chelsea Manning, a soldier who was imprisoned for leaking information to Wikileaks, both of them of the United States. Bruce Jenner struggled for many decades and Bradley Manning, who is much younger, for many years with gender identity issues before formally and publicly adopting the female gender with which they have identified.
A transgender person suffers from a gender dysfunction. He or she identifies with the gender opposite to that assigned to him or her at birth. It has nothing to do with sex. Their sexual preferences do not necessarily change. And it is not the same as homosexuality and lesbianism, which has to do with sexual, not gender, preferences. Homosexuals and lesbians are not transgenders.
On December 29 the Attorney General’s Chambers issued a statement asserting that the lease that had been granted to the Cheddi Jagan Research Centre (CJRC) in connection with the property in Kingston, Georgetown, known as ‘Red House,’ was invalid. Extensive reasons were given as the basis for that conclusion. On the following day a statement by Mr. Anil Nandlall, a prominent and well-respected lawyer and former Attorney General, was published. It was an equally extensive statement with a detailed legal analysis challenging the conclusions of the statement of the Attorney General’s Chambers.
In the meantime, on the evening of December 29, a statement from the Ministry of the Presidency informed the public that the President had revoked the lease on the basis of the advice given by the Attorney General’s Chambers and had given the CJRC 48 hours to vacate the premises. The CJRC had occupied the premises for about fifteen years and had accumulated a vast amount of material. Even trespassers are given longer periods to vacate premises by courts. In law, the period given must be reasonable. 48 hours could not be reasonable under any circumstances.