THE COURT OF APPEAL CAN SHINE A LEGAL LIGHT ON THE WAY FORWARD


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.

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DIM POLITICAL FORTUNES AWAIT GUYANA


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.

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UNLAWFULLY HOLDING ON TO OFFICE


The Speaker of the National Assembly, Dr. Barton Scotland, having declined to reverse his declaration on December 21, 2018, that the no confidence motion against the Government had been carried on a vote of 33-32 in favour, has shifted the arena of contest to the Court.

The constitutional provisions which have been automatically triggered by the passage of the no confidence motion, by now well-known, state: “106(6) The Cabinet including the President shall resign if the Government is defeated by a vote of a majority of all the elected members of the National Assembly on a vote of confidence. (7) Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”

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GUYANA STANDS BEHIND CCJ, SAYS V.P. GREENIDGE


The PNCR appears to have had no difficulty in accepting the Caribbean Court of Justice (CCJ) in its appellate jurisdiction. The CCJ was established in 2005. As a court of original jurisdiction its function is to interpret and apply the Revised Treaty of Chaguaramas which established the Carribean Community. Hoping that it would replace the Judicial Committee of the Privy Council (JCPC) as the final court for most of the region, the Heads of Government agreed to clothe the CCJ with an appellate jurisdiction to determine appeals in civil and criminal matters for member states which cease to allow appeals to the JCPC and accede to the jurisdiction of the CCJ. In 1999-2000 the PNCR agreed, without having to be persuaded, to a recommendation by the Constitutional Reform Commission that the Constitution be amended to provide for Guyana’s accession to the CCJ when it was established.

In a statement published last Friday, Vice President Carl Greenidge reaffirmed the Government’s commitment to the CCJ. Notwithstanding adverse decisions and that only four Caricom countries so far have joined the Court’s appellate jurisdiction, the Government was satisfied with its competence and quality. The CCJ was in the news recently when it held that a law which provided that cross dressing for an “improper purpose” was unconstitutional. Also, the electorates of Grenada and Antigua, like St. Vincent a while back, rejected the CCJ as their final court in place of the JCPC. The steadfast support of the CCJ by the Government of Guyana is welcome to all lawyers and should be to all politicians.

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THIEVING AND CORRUPTION ARE NOW PART OF THE NATIONAL CULTURE


Firemen are first responders who are required to help and protect victims and their property. While purporting to do so, many fireman seize the opportunity to steal from victims. The stealing of property by firemen from the Fly Jamaica aircraft which had mechanical problems and landed with some difficulty at the CJIA, is a shameless and sickening disgrace. It was far more extensive than has been reported.

In the past, burglars invaded my late parents’ home and stole a number of items. Four or five policemen came to investigate and as they were leaving, one of them swiped my father’s wristwatch from a table. Some years later, firemen entered the Cameron & Shepherd building in Avenue of the Republic, where I then worked and sill do. The top floor was on fire. After they left, all movable objects of value that could be fetched out had vanished. Long before then, criminal activity by members of the disciplined forces and corruption in the society had been simmering and growing. Corruption by prison officers has reached alarming proportions. Little of consequence was done by successive governments to stop the slide. The result is that it has now escalated by leaps and bounds throughout the country. Thieving and corruption are now part of the national culture. It includes murder in the course of robbery and paid killings, including by members of the disciplined forces.

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