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.
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.
Of all the other Caricom countries, Guyana has enjoyed the closest relations with Trinidad and Tobago. Language, common colonial history, ethnic make-up, common cultural patterns, similar systems of government and laws and long established people to people contact have all come together to keep us close.
During the period of the 1970s to 1980s when Guyana’s economy was flatlining, Trinidad and Tobago continued to supply Guyana with petroleum products on credit. During the 1990s, at the conclusion of the debt forgiveness process under the Paris Club arrangements for Guyana, Trinidad and Tobago forgave Guyana the single largest amount of debt of hundreds of millions of US dollars. This largesse should not be forgotten. Even though it has been almost impossible for Guyanese business people to get permission to invest or for professionals to get jobs or to reside in Trinidad and Tobago, relations between the governments of Guyana and of Trinidad and Tobago have always been cordial.
Divided societies like Guyana suffer from a phenomenon whereby historic events which, when they occurred, gave rise to allegations of ethnic bias, never seem to go away. The West Indies Federation, which lasted from 1958 to 1962, is one such. It is an historic event which is hardly relevant to contemporary Guyana today. Yet the debate on Jagan’a attitude to the Federation rages, as if the event occurred yesterday, and not more than 50 years ago. It is contextualized to the current ethnic controversies, one of which is to seek to continually paint Jagan as a racist, or at least to allege that he was motivated by ethnic considerations. His role in the establishment of the University of Guyana has become another. But that is for another time.
An editorial in the Stabroek News of December 19, 1986, on ‘Regional Integration’ stated that ‘…others, notably Eusi Kwayana (then Sydney King) attributed Jagan’s opposition [to the Federation] to his unwillingness to be swamped in a predominantly African grouping. C.L.R. James is also reported to have made a similar assertion. In response to the Stabroek News editorial, Jagan replied as follows:
The Caribbean Court of Justice (CCJ) will sit in Guyana for the first time this week. It is long overdue but welcome nevertheless. Guyana and Barbados were the first countries to accede to the appellate jurisdiction of the Court and our own Justice Desiree Bernard, now retiring, has been one of its first members.
Guyana’s final court of appeal, the Privy Council, was abolished in 1970. The PPP supported the establishment of our Court of Appeal but argued that the Privy Council should be retained for constitutional matters. It was felt that the Guyana judiciary was already being politically subverted and that a window of impartiality was necessary to protect at least the constitutional rights of the Guyanese people. The PPP did not succeed.