SUBVERTING THE CHIEF JUSTICE’S DECISION, THROUGH THE BACK DOOR


On 26 September, 2019, Justice Claudette Singh, Chair of the Elections Commission, signed Order No. 70 of 2019, made under the National Registration Act pursuant to the powers conferred by sections 6(1)(a), 6(A), 13, 14 and 15 of the National Registration Act. The objective of the Order was to provide for what has become known as Claims and Objections. The Order is peculiarly named The National Registration (Residents) Order and not, as would have been expected, “The National Registration (Claims and Objections) Order.” The naming of the Order unwittingly exposes its nefarious objective – to undo the decision of the Chief Justice that non-residents cannot be taken off the List.

“Claims and Objections” are provided for by section 15 of the National Registration Act. But it is not defined. However, GECOM’s Manual of Instructions does at page 10. It states: “Revision of List of Electors: Claims and Objections: The Claims and Objections exercise within the Continuous Registration process will be conducted at the registration offices and sub-offices for a specified period of time. The exercise provides eligible electors, who did not register, the opportunity to gain entry to the list of electors or to update their particulars (transfers and changes). It also provides the opportunity for objections to particulars in the Preliminary List of Electors (PLE)….”

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ONLY THE ELECTORATE CAN RESOLVE GUYANA’S POLITICAL DILEMMA


The Guyana Government’s lawful tenure in office came to an end on September 18. The no confidence motion was passed pursuant to article 106 of the Constitution on December 21 and should have resulted in elections by March 21. However, court proceedings placed a ‘pause’ on events and time began to run again on June 18 when the CCJ ruled against the Government. The CCJ gave the clear indication, but did not rule, that elections are due by September 18. Nothing prevented the CCJ from formally ruling, which the lawyers representing the appellants, who had brought the case against the Government, had sought. The result is that the Government has quite duplicitously argued that the CCJ did not rule, the Constitution has not been violated and the Government has de jure and de facto power. From whence this lawful power has been derived has not been explained in any sensible or rational way.

I am deeply conscious of, and have written extensively on, the ethno-political fears that influence Guyana’s politics. I have, and so have many others, repeatedly urged our main political parties to discuss the proposals which they themselves have placed on the political agenda and come to an agreement on how political responsibility can be shared between them equally so that neither can feel at risk of being dominated by the other. The reason the APNU+AFC’s promises of constitutional reform failed to materialize is that it realized that its own proposals would put it in an inferior power position to the PPP. In order to arrive at a political solution, the parties have to accept equality of representation. And it is the PPP that would have to make that concession or sacrifice because of its superior numbers. APNU+AFC has the historical injustice of slavery as an argument to counter that of superior numbers.

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I’LL STOP BORIS JOHNSON BREAKING THE LAW, SAYS THE BRITISH SPEAKER. WHO WILL STOP APNU+AFC FROM DOING THE SAME?


Article 50 of the Lisbon Treaty binds the European Union (EU).
It provides that any member state may withdraw from the EU. Upon notification, the EU shall negotiate and conclude an agreement with the State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the EU. The Treaty shall not apply to the State in question from the date of the withdrawal agreement or, failing that, two years after the notification, unless the European Council unanimously decides to extend the period.

Against the background of these provisions, the British Government called a referendum on continued membership of the European Union (EU) in June, 2016. 51.9 percent voted to leave the EU. After article 50 was triggered, withdrawal was due to take place on 29 March, 2019. Withdrawal was delayed to 31 October, 2019 after two extensions. With her proposed agreements to leave the EU rejected three times by the House of Commons, Theresa May resigned as Leader of the Conservative Party and, after Boris Johnson won the position, she resigned as Prime Minister and Boris Johnson was appointed.

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THE APNU+AFC HAS TRIUMPHED


APNU+AFC was shell-shocked after inviting the PPP/C Opposition to “bring it on,” that is, the no confidence motion. ‘Bassady’ by the head blow of the Charrandass Persaud’s supportive vote of the NCM, they unsteadily promised to comply with the Constitution and hold elections in three months. Then reality stepped in. Somebody discovered the fiction that the human body of a parliamentarian could not be divided in half and that the majority of 65 was really 34. Most Guyanese would have disagreed with the notion that a parliamentarian would not be willing to have his/her body divided in half. We are all aware of the patriotic displays by parliamentarians on both sides of the House during Sittings. Quite often the Speaker has to intervene in exasperation to quell raucous nationalistic fervor. As it turned out, the sacrifice was unnecessary as history repeated itself. From Mustique in 1985, to Herdmanston in 1998, to the CCJ in 2019, Caricom and its agencies have consistently rescued the PNC/PNCR/APNU, or enabled it to rescue itself. And the international community’s fit of conscience about Guyana in the early 1990s has clearly not survived.

There is no mystery about article 106 of the Constitution. In 1999-2000 the PPP/C appeared to be firmly ensconced in office. The traffic of MPs across the floor had historically been only one way, from the PPP to the PNC. With this in mind, supporters of the then Opposition PNCR and their allies felt that if they were able to encourage that traffic to continue, and they were able to acquire the support of a majority of the members of the National Assembly, the PPP/C Government might not have been willing to observe the convention and resign on a successful no confidence motion or decisive defeat. Hence article 106. The provision requiring the Cabinet to resign was obviously inserted to enforce the caretaker status after a no confidence vote. PPP/C Governments had refused to recognize the existence of such a convention, hence its enshrinement.

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THE CCJ’S TIMIDITY HAS INTENSIFIED THE CONSTITUTIONAL CHAOS IN GUYANA


The Caribbean Court of Justice has extensive powers to make the orders that had been sought in the no confidence motion cases. Without serious justification, it declined to do so. Its ‘timid and ineffectual’ decision has intensified the constitutional chaos in Guyana. High Court cases are now being brought for orders and declarations that the CCJ ought to have made. In their absence, the Government has refused to act on the CCJ’s decision.

Mr. Andrew Pollard, writing in the SN on 28 August pronounces the CCJ’s decision as fine and is horrified at my criticism. As a newly minted Senior Counsel, Mr. Pollard should know that criticizing judges and courts in far sharper language than mine, is quite an accepted activity in normal countries. What is not normal is for a court that finds constitutional violations, to decline to make orders to rectify those violations, but relies instead on the ‘integrity’ of politicians. But no word from Mr. Pollard about this abject failure of the CCJ and of the Government’s continuing violations of the Constitution.

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