SUSTAINING AND ADVANCING DEMOCRACY FOR THE NEW YEAR


In the critical years of the 1970s and 1980s, three major issues engaged the attention of my political colleagues – restore democracy, advance social progress and avoid civil strife. We firmly believed that Guyana could make no progress unless full democracy through free and fair elections were restored. Our analysis was that it was the lack of internal democracy that was responsible for what we then saw as the failure of the economic reforms in the 1970s and 1980s to lead to economic and social progress. The PPP saw this and gave a lifeline to the PNC more than once. The most notable was the National Patriotic Front under which, after free and fair elections, the largest political party would take the prime ministership and the second largest the executive presidency. The PNC would not hear of it. Even if democracy had not been restored in 1992, developments in the world would have ensured that by today we would have been living in a democratic Guyana.

The victory of democracy in 1992 has resulted in substantial economic and social progress for Guyana. But this progress gave rise to other problems. The incipient problems of corruption and lack of transparency and accountability exploded, with little effort to resolve them. Also, the intractable issue of ethno-political domination was put aside because of the unremitting, and sometimes violent opposition of the PNC, as well as some degree of triumphalism within the PPP. Attempts to work through and resolve differences between the PPP government and Desmond Hoyte and later Robert Corbin failed. The PPP government was mainly responsible. When the real opportunity of embracing unity presented itself in 2011, the PPP did not even consider forming a coalition with APNU. The reticence today of both parties in embracing constitutional reform which would diminish the impact of ethno-politics is the next hurdle the Guyanese people have to overcome.

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THE APPOINTMENT OF CHANCELLOR AND CHIEF JUSTICE


Since the retirement of Chancellor (ag) Carl Singh and Chief Justice (ag) Ian Chang, the issue of their replacement has been at the forefront of discourse, at least privately, in legal circles, but occasionally in the media. I myself have written about the issue once when I called on President Granger to appoint persons to fill the posts which had become vacant and had remained so for several months. I was quite pleased when the President made acting appointments of Chief Justice Yonette Cummings-Edwards as Chancellor (ag) and of Justice George-Wiltshire S.C. as Chief Justice (ag). Justice George-Wiltshire S.C. who was also subsequently appointed as an Appeal Court Judge.

These two acting appointments, which only required consultation with the Leader of the Opposition, were enormously popular in the legal profession. After some months as acting appointees, I can say with certainty that the anticipated performances of the Chancellor (ag) and Chief Justice (ag) have exceeded expectations amidst enormous challenges, which had commenced under the chancellorship of Carl Singh, not least among which are the implementation of the new Civil Procedure Rules, the establishment of courts with new jurisdictions for family and sexual offences, the appointment of additional judges and a building programme to house courts, magistrates and judges.  I believe that this opinion is shared by the legal profession.

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THE POLITICS OF ABUSE


Minister Khemraj Ramjattan, of “Hall Yuh Ass” fame, responded to my article last Sunday, entitled, “To preserve itself, the AFC must resign from the Government,”  with the following epithets – “nonsensical;” “vacuous chatter;” “idiotic;” “we are not going to block [the] chatterati;” “foolish;” “Ralph kept his mouth shut then he got shelved now he is talking plenty;” “if he wants to be a politician he should go form a party then know what it is;” “these fellas love to talk from a distance like parrot, you know parrot telling donkey how to bat but stays up in the tree, they want to stay up in the tree and not do the batting themselves, you write exactly what I say there.” Sadly, by succumbing to the temptation of the politics of abuse, Mr. Ramjattan exposes the inability of the AFC to answer serious questions about its political posture.

Would you believe that this was the same Khemraj Ramjattan who embraced me at the post 2015 election celebration at the Pegasus Hotel in congratulation for what he believed was my contribution to the victory of the APNU+AFC coalition? Well, he did. At the same event, Prime Minister Moses Nagamootoo thanked me in the presence of several persons. Now Minister Ramjattan is abusive and PM Nagamootoo uses the Chronicle to denigrate me.

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CHOOSING A CHAIR FOR GECOM-THE CHIEF JUSTICE RULES


For more than twenty years the task of choosing a chairperson of the Elections Commission (GECOM) was without controversy. With the resignation of Dr. Steve Surujballi the President invited the Leader of the Opposition to submit a list of six, not unacceptable, names under article 161 of the constitution, which was done in December, 2016. The article requires the chair to be a judge, a former judge or a person qualified to be a judge (the “judge category”) or a fit and proper person. The President rejected the list in its entirety. He first suggested that only a person in the ‘judge category’ could be appointed but later amended that to indicate that preference must be given to the ‘judge’ category. The President also stated that all the names on the list must be acceptable and if one is not, he is entitled to reject the entire list.

At the invitation of the President, the Leader of the Opposition submitted a second list. This was also rejected by the President. The Leader of the Opposition continued the policy of engagement and indicated that he will submit a third list. However, by that time, Mr. Marcel Gaskin, of a new organization called RISE, formed to promote constitutional reform, brought legal-constitutional proceedings seeking answers to four questions. These were: whether the list must include a judge, former judge or person qualified to be a judge; whether the President must state reasons for deeming each of the six names unacceptable; whether the President is obliged to select a person unless he has decided that the persons are unacceptable; whether one person being unacceptable renders the whole list unacceptable. The Guyana Bar Association, entered a case as amicus curiae (a friend of the court) and made submissions. The case was heard before Chief Justice (ag) George-Wiltshire, who announced an oral decision on July 17. The 33-page written decision became available last week.

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INDEPENDENT THIRD WORLD JUDGES LEAD THE WAY


The stunning news, unprecedented in Africa’s history, broke on Friday morning that the Kenyan Supreme Court had overturned the results of the August 8 elections which the incumbent president, Uhuru Kenyatta, 55, had won with 54 percent of the vote. The six-bench Supreme Court ruled four to two in favour of a petition by Raila Odinga, 72, running and losing for the fourth time, with 44 percent of the vote, who claimed that electronic voting results were hacked in favour of Kenyatta. New elections were ordered in 60 days.

Chief Justice David Maraga, in delivering the ruling said: “After considering the evidence, we are satisfied that the elections were not conducted in accordance with the dictates of the Constitution.” The court said that the elections commission committed “illegalities and irregularities…in the transmission of the results,” the details of which will be set out in the written judgment to be delivered in 21 days.

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