The Caribbean Court of Justice (CCJ) has ruled in two of the most important constitutional cases that have engaged its attention in its ten-year history. The cases from Guyana have their origins in Guyana’s troubled political history and struggle for ethno-political dominance. In the first case the CCJ decided that the appointment by President Granger of the Chair of the Elections Commission on October 19, 2017, violated the Constitution. In the second case, it decided that the no confidence motion passed in the National Assembly on December 21, 2018, in a 33 to 32 vote, was lawful and valid.
President Granger declared that the Government accepted the decision but insisted that the appointment of the Chair of GECOM was not flawed, and if it was, the CCJ must let him know what the flaw is. The CCJ had already noted that President did not reveal what were the flaws in the 18 names presented to him by the Leader of the Opposition for appointment as Chair of the Elections Commission. In any event, courts do not respond to political interrogation, and it is the job of the Attorney General to advise His Excellency.
As the general elections draw near, and the speculation surrounding the choice by the PPP’s of its presidential candidate is over, attention is now focused on the AFC’s choice of its prime ministerial candidate. The AFC apparently anticipates that there will be another coalition with APNU and that it will be offered the opportunity to choose the prime ministerial candidate. But no public indication has been forthcoming about the renewal of the coalition.
The Cummingsburg Accord, which is the foundation document for the coalition, has expired and the parties went their separate ways for the local government elections. Even if there is another coalition the prime ministerial candidate may well come from APNU. Amna Ally and Ronald Bulkan are available. APNU may well consider that the performance of the AFC at the local government elections, obtaining only four percent of the votes, does not qualify it for the prime ministerial slot. It could propose that the AFC now only deserves ministerial seats and far less than the forty percent agreed to in the Cummingsburg Accord.
Guyanese can be excused for being baffled at the latest developments in the current political saga gripping the nation.On February 25 President Granger wrote to the Chairman of the Elections Commission, Justice James Patterson, urging the Commission to commence preparations for the conduct of the general and regional elections. In the letter the President noted that the Commission had said that it did not have the capability to deliver credible elections within three months of December 21 and that additional funds were needed. The President committed the Government to ensure that the Commission is provided with financial resources and has sufficient time to conduct credible elections. The word ‘credible’ is used twice.
Published at the same time was the President’s letter of the same date to Opposition Leader Bharrat Jagdeo. President Granger expressed the wish to consult with Mr. Jagdeo on the constitutional role of the National Assembly in the present situation and the Commission’s readiness and requirement for funding to conduct the elections. The letter ended with the President informing Mr. Jagdeo that he had written to the Chairman of the Commission urging him to initiate arrangements for the conduct of the elections.
The crisis facing Guyana, due to get worse on March 22, when the Government loses its legal authority, was not the result of the actions of evil people. Not Charrandass Persaud for voting for the no confidence motion, not the PPP for encouraging him to do so, not APNU+AFC for seeking to stay in office for as long as possible in defiance of the Constitution. The crisis has emerged from the same culture that caused the PNC to rig elections, the PPP to abandon its pledge in 1992 to implement shared governance and in 2011 to fail to seek a coalition with the Opposition. The main political parties reflect the fears, anxieties and insecurities of the two major ethnic groups, each of which feels that unless it holds political office to the exclusion of the other, the economic and physical security of its supporters will be jeopardised. Each has its own narrative of grievances against the other, recent and historic, and each is as compelling to its owner as the other.
This systemic weakness has bedeviled our political culture since 1955 when the PPP split into two parties and became in 1957 the PPP and the PNC. Ethno-political fears have since remained the most dominant feature of our political system and which undergirds all political developments. If it continues, the major ills of our society such as underdevelopment and continuing poverty, political instability, periodic crises, corruption, emigration of skilled Guyanese, and many others can never be resolved.
The statement issued by the Bar Council of the Guyana Bar Association during last week quoted a dictum of the Chief Justice (ag) in the case of Attorney General of Guyana v Dr. Barton Scotland, Mr. Bharrat Jagdeo and Mr. Joseph Harmonas follows: “I hold that the NCM [no confidence motion] was carried as the requisite majority was obtained by a vote of 33:32. The President and the Ministers cannot therefore remain in Government beyond the three months within which elections are required to be held in accordance with art 106(7), unless that time is enlarged by the National Assembly in accordance with the requirements of the said art 106(7).”
President Granger responded at a political rally at Vreed-en-Hoop, that he remains President until a new president is sworn in. The President made no reference to elections. Minister Harmon clarified on Friday afternoon that a date will be fixed for elections when the court cases are completed. He gave no indication that the March 21 deadline for the Government to remain in office will be adhered to. It therefore appears that the Government intends to remain in office, even after March 21, if the cases are not over, which is very likely. After March 21, the Government will be illegal. It will not be entitled to hold office, not entitled to make decisions, not entitled to enter contracts, not entitled to convene the National Assembly, not entitled to pass laws and not entitled to fix a date for elections.