Many Guyanese are in despair arising out of the political deadlock and the failure of our politicians to resolve it. Many understand that relying only on the judiciary can only result in winners and losers. One round of the perpetual ethno-political competition would be over with the completion of the court proceedings. Whatever the outcome, the next round would come with the elections, whether held this year or next year. In this sense, the decision of the CCJ will solve nothing that is fundamental to the reality of Guyana’s existence and its challenges.
Whatever the CCJ’s decision and whenever the elections are held, Guyana’s problems will remain and would be no nearer to a solution. The economic slowdown will persist, poverty and unemployment will continue to increase, a high crime rate will perhaps get worse, corruption will grow by leaps and bounds and the ethno-political contest, an important driver of most of the above, will be no nearer to a solution.
As is now well known, the Constitution makes no distinction between a ‘simple’ and an ‘absolute’ majority. It refers only to ‘majority.’ But the Court of Appeal ruled that such a distinction exists and under Article 106(6) an absolute majority of 34 out of 65 is required for the passage of a no confidence motion. It defined an absolute majority as half plus one. For a 65-member National Assembly, half is 32½. Since there is no half person, then 32½ has to be rounded up to 33. Then adding one will make an absolute majority of 34.
The Constitution recognizes only a ‘majority’ and a ‘vote of not less than two-third ,’ or the ‘support of not less than two-thirds.’ It does not use the word ‘majority’ when describing the two-third vote, as set out below. Article 168(1) provides that: “Save as otherwise provided by this Constitution, all questions proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting.”
Miles Greeves Fitzpatrick was born on the 12th January, 1936. His parents were the late Maxwell and Millicent Fitzpatrick. He was the brother of the late Eileen Bhola, the husband of Sultana Fitzpatrick, the father of Ron Garry Fitzpatrick and the grandfather of Zoe and Michael. He passed on the 12th March, 2019, at the age of 83, after a short period of declining health but during which he remained engaged and lively. I joined a few mutual friends, his family and some relatives at his home in celebration of his 83rd birthday in January.
Miles was born in Queenstown, Georgetown and attended Queen’s College. After High School, he graduated as a lawyer in 1956 and was called to the British Guiana Bar in January, 1957, following the footsteps of his father, who was a Solicitor and Magistrate. He entered private practice and joined the Peoples’ Progressive Party, an unusual step for a product of the Georgetown middle class. He was active in politics in the pre-Independence 1960s.
President Granger last Friday said that “the Government is conducting its affairs in accordance with the Constitution and with respect for the rule of law.” He sought to convince the nation that it was the Speaker of the National Assembly who directed the Government’s approach to the court and that the cooperation of the Opposition is necessary for credible elections. He created a constitutional mandate for the Elections Commission in fixing a date for elections. He reiterated that the National Assembly is competent to extend the time for holding elections. The President said that there is no cause for “alarm or anxiety.” The Office of the Leader of the Opposition issued a statement contradicting the President’s assertions point by point. The President places the burden for resolving the crisis on everyone but himself and the Government.
Notwithstanding the President’s use of selected articles of the Constitution to justify his untenable views as to the current state of affairs, created by the Government’s failure to fix a date for elections before March 21, the Government becomes illegal on March 22. One of two things ought to have happened by March 21, namely, elections ought to have been held, or the life of the National Assembly extended. Neither occurred, despite the decision of the Chief Justice (ag) that elections have to be held in three months after December 21, the date of passage of the no confidence motion. The Government insists that it has a right to be heard in Court and in doing so, insists that it has a right to violate the Constitution while awaiting the Court’s verdict. President Granger blithely ignores the nation’s right to elections and relies on the invented veto which he has accorded to the Elections Commission.
The meetings last week between the President and the Leader of the Opposition and the President and the Guyana Elections Commission, did not yield a solution to the impending constitutional crisis that has been dominating the news in recent weeks. Maybe the President and his Attorney General do not believe that a constitutional crisis faces Guyana on March 22. Both have said that according to article 106 of the Constitution, the President holds office until the next President is sworn in. They have purposefully ignored that a no confidence motion was passed in the National Assembly on December 21 and that the new president must be elected in three months, unless that time is extended by a two-third majority.
But this issue has now gone beyond what the constitution says and means. The President’s failure to fix a date for elections is because APNU+AFC intends to remain in office for as long as possible. This is aided by the majority on the Guyana Elections Commission who have voted, and will no doubt continue to support, a new registration exercise. A nation-wide, house-to-house, registration exercise will last into next year. If APNU+AFC’s effort to hold political power succeeds, it will hold elections between May and August next year, when its term of office would have otherwise lawfully ended. Having been caught flat-footed by the no confidence vote, it lost time, which it now seeks to unconstitutionally regain, to put systems in place to win the elections. This clearly is a matter of political life and death and explains the tenacity of its efforts.