The Chief Justice ruled that the no confidence motion was lawfully passed on December 21 in the National Assembly by a 33-32 vote, and that the vote of Charandass Persaud was lawful, notwithstanding that as a dual citizen he was unlawfully occupying his seat in the National Assembly. Consequent upon those findings, the Chief Justice ruled that the Cabinet automatically resigned on the passing of the no confidence motion. The Chief Justice granted neither a stay of execution nor a conservatory order which would have preserved the status quo ante. Yet the Government announced that the status quo remained and Government business will be conducted as usual.
This statement, disrespectful and defiant of the Chief Justice’s ruling, presumably means that the Cabinet will continue to meet and function and take decisions affecting the governance of Guyana, even though it is unlawful to do so. In effect, the Government’s functions must be limited to the implementation of existing decisions as no new ones can be made by the non-existent Cabinet. The statement also means that those Members of the National Assembly who hold dual citizenship will continue to occupy their seats even though the effect of the Chief Justice’s ruling in relation to CharrandassPersaud’s means that their membership is unlawful. Such bold, brazen and open defiance of lawful authority, of the Constitution and of the rule of law by a Government, have never been seen in Guyana after the Burnham era, or in the Commonwealth Caribbean, or in any democratic country for that matter.
It has long been recognized that the judiciary and its decisions are not and should not be immune from criticisms. It’s quite a different matter to attribute motives to the judiciary that can be construed as improper such as failing to consider or to implement executive policy. Two contrasting approaches were displayed recently by Mr. Aubrey Heath-Retemeyer, Deputy Director of the State Agency for the Recovery of Assets (SARA) and Minister Khemraj Ramjattan, Minister of Public Security.
Mr. Aubrey Heath-Retemeyer’s, in an interview by KN on June 22, accused the judiciary of resisting the government’s drive to reduce corruption because they are not willing to facilitate SOCU or SARA. He said that there is a “stark disconnection between the judiciary and the thirst of the nation for an end to corruption…I feel that sometimes the legal system here…doesn’t want to be in step with the honest desire of the law enforcement people (like SOCU) to ensure that they get the job done. I feel that if there was a greater sense of urgency and understanding on the part of the legal people and the system, they would be more willing to facilitate what SOCU or SARA would be doing.”
On Friday last the New York Times published “The $20 Billion Question for Guyana.” It was a lengthy review of Guyana and the impact that the oil discovery by Exxon and its partners in offshore Guyana is likely to have. Two recent articles by the Wall Street Journal and Foreign Affairs, of world-wide reputation, like the New York Times (NYT), were published and reprinted in Guyana. Few Guyanese would recognize the description of Georgetown by one of them as ‘sleepy’ or by the NYT as a ‘musty clapboard town…which seems forgotten by time.’ Notwithstanding these unflattering first impressions of Georgetown by foreign journalists, the articles helped to highlight, not only the amount of financial resources that will become available to Guyana, but how those resources can be used or misused.
Guyana is described as an unlikely setting for the next oil boom. It is ‘one of the poorest countries in South America can become one of the wealthiest.’ The NYT article said that all the talk in Georgetown is about a sovereign wealth fund to manage the money. It underlined Minister Raphael Trotman’s comment, perhaps speaking hyperbolically, if he indeed said so, that we have been given a chance to get things right because ‘the Chinese cut down our forests and dug out our gold and we never got a cent…we could end up with the same experience with ExxonMobil.’ Whatever the dangers, Rystad Energy is quoted as predicting that Guyana will get $6 Billion by the end of the 2020s. But this is a modest estimate with a production of eventually 500,000 barrels a day. Doug McGhee, Exxon Operations Manager, predicted better social services and infrastructure, ‘if the government manages the resources right.’
Charles Ramson (Jr) recently announced that he would seek the PPP’s nomination to be its presidential candidate for the 2020 general elections. That’s not the way it’s done, admonished General Secretary Bharrat Jagdeo. At the appropriate time the party will have a discussion on the matter and the candidate will emerge, he explained.
Ramson’s announcement was made immediately after the CCJ ruled that the two-term presidential limit did not violate Guyana’s constitution, thereby ruling out former president Mr. Bharrat Jagdeo for a third term, for which the PPP would have nominated him. Mr. Ramson clearly wanted his name to be placed among those under consideration before an anointment is made. He joins (in alphabetical order), Irfaan Ali, Frank Anthony and Anil Nandlall who have been identified by observers as being the persons from whom a ‘choice’ will be made. While no one has yet emerged as a ‘front runner,’ it could well be that one among the three has already been identified. If this is so then Ramson’s may possibly have been seen as an intruder, prematurely disrupting what might have been a carefully orchestrated selection process.
The Leader of the Opposition, Mr. Bharrat Jagdeo, issued an invitation to President Granger to debate race, in the context of which political party in government has done more for African Guyanese. The immediate issue was the rejection by the casting vote of the Chairman of the Elections Commission of Vishnu Persaud as Deputy Chief Elections Officer, which the Leader of the Opposition described as ‘unfair.’ The issue spawned accusations and counter accusations of racial discrimination.
The KN reported on Mr’ Jagdeo’s challenge as follows: “I am prepared to debate race relations and which party has contributed to worsening race relations in Guyana. I can talk to him (President Granger) about this fallacy and the myth that they keep perpetuating that they have done more for Afro-Guyanese than the PPP…” He stated that he is prepared to match the record of the People’s National Congress between 1964 and 1992, and then from 2015 to present as against the PPP’s 23 years in office… According to Jagdeo, the debate can be on several grounds, including employment practices, access to wealth, land and businesses… “I am sure that you will see a pattern with Afro-Guyanese having fared better in that period under the PPP than ever under the PNC rule. I am prepared to debate that openly.”