Petronella Trotman is the name adopted by Ronnell Trotman, who is a transgender person. Born a male, she identifies as a female. Two famous transgenders, born as males and now identifying as women, are Caitlin Jenner, an Olympian and television personality, and Chelsea Manning, a soldier who was imprisoned for leaking information to Wikileaks, both of them of the United States. Bruce Jenner struggled for many decades and Bradley Manning, who is much younger, for many years with gender identity issues before formally and publicly adopting the female gender with which they have identified.
A transgender person suffers from a gender dysfunction. He or she identifies with the gender opposite to that assigned to him or her at birth. It has nothing to do with sex. Their sexual preferences do not necessarily change. And it is not the same as homosexuality and lesbianism, which has to do with sexual, not gender, preferences. Homosexuals and lesbians are not transgenders.
The PPP unanimously decided in about 1994/5 to propose to the Select Committee on Constitutional Reform established by the Sixth Parliament (1992-1997) that a president should serve only two terms. I led the delegation, which included former President Donald Ramotar, and presented the PPP’s position.
The PPP presented the same position to the Constitutional Reform Commission (1999-2000), which I chaired. Its delegation was led by former President Donald Ramotar, then General Secretary. The two-term presidential limit, supported by the PNCR, was adopted by the Constitution Reform Commission and formed part of its recommendations. Article 90(3) of the Constitution was duly amended by Act No. 17 of 2001, unanimously passed in the National Assembly, to limit the presidential terms to two.
The Chronicle’s obscene calumny against Chancellor of the Judiciary, Carl Singh, over several months and getting worse, its contempt of court and the Government’s intimidation of the Judiciary have become deeply troubling. The Chancellor was publicly warned to go on pre-retirement leave and not to hear any ‘political’ cases. Suspicion was expressed that he would start a case and postpone it beyond his retirement date so as to seek to extend his term of office.
What is worse is that a lawyer, Prime Minister Moses Nagamootoo, who has responsibility for information and the power to stop the Chronicle since it started its disgraceful campaign several weeks ago, has allowed it to continue. The only conclusion is that the Chronicle’s rampage against the Chancellor, and subversion of the Judiciary, is official Government policy.
Since it became known that Dr. Steve Surujballi will be retiring shortly as Chairman of the Elections Commission, popularly known by the acronym, GECOM, there has been a flurry of activity in connection with the appointment of a new Chair. The Opposition has written to Minister Joe Harmon. The Leader of the Opposition announced that he would be engaging in wide consultations, which is a positive step since some of the bodies he mentioned have been critics of the PPP from time to time. Mr. Harmon indicated that the President has written the Leader of the Opposition and has triggering the process.
The process by which the Chair is appointed is provided for by the Constitution. In 1991 Dr. Cheddi Jagan, then Leader of the Opposition PPP, refused to accept the continuation in office of Chairman of GECOM, Sir Harry Bollers. President Carter persuaded President Hoyte to retire Chief Justice Bollers and asked Dr. Jagan for six names, which would be acceptable to President Hoyte, from whom he would choose one to be the new Chair. Among the persons searching for names were myself and Miles Fitzpatrick.
Many may remember that the Judicial Service Commission (“JSC”) recommended the appointment of prominent lawyer Miles Fitzpatrick as an acting Judge in the early 1970s. Mr. Fitzpatrick then turned up at State House on the appointed day to be sworn in by the then President, His Excellency Arthur Chung. The President failed to appear, in his own house. The swearing-in was aborted and Mr. Fitzpatrick was never appointed. The Independence Constitution and its 1980 substitute provided that the President “may appoint” judges who were recommended by the JSC.
In 2001 the authority of the JSC was strengthened, and the discretion of the President was removed, by the substitution of “shall” for “may.” Article 128(1) now provides that Judges other than the Chancellor and Chief Justice are appointed by the President “who shall act in accordance with the advice of the Judicial Service Commission.” Article 128(2) now provides that “the President shall act in accordance with the advice of the Judicial Service Commission and appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may be.” These amendments were based on the recommendations of the Constitution Reform Commission (“CRC”) in 2000.