MAKING THE SMALL MAN A REAL MAN


The collapse of the Palmyra foundation structure intended to support an Indian Arrival Monument to be unveiled on Arrival day was reported by the Stabroek News on April 27. Stabroek News had interviewed a Mr. Marlon Cumberbatch who said he was the supervisor of the construction company. He couldn’t say what caused the collapse but suggested that the project needed to be redesigned. Mr. Cumberbatch stated that the construction company would be dissolved. Workers complained that they had not been paid and sources told Stabroek News that Mr. Cumberbatch was indeed the contractor. The choice of contractor, the design of the project, the reason for the collapse, all remain state secrets.

While not much has been announced, it appears that the government has embarked on policies to make the small man into a real man by opening up opportunities in construction and other areas. There have been complaints for a long time that Guyanese contractors of African descent were being discriminated against. Bringing a contractor from Linden to undertake a contract in the Corentyne, suggests that the policy of redress, and a lop-sided one at that, is in full swing.

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WHEN SHOULD A JUDGE RECUSE HIMSELF OR HERSELF?


‘Inappropriate recusals are potentially very damaging.’ This statement begins the concluding portion of an article by Professor Abimbola Olowofoyeku, Professor of Law, Brunel University, London, UK, entitled ‘Inappropriate Recusals’ in The Law Quarterly Review, April 2016.

The main basis for recusals by judges (or other adjudicators, including magistrates) is actual or potential bias or the appearance thereof. It is in the Judge’s discretion to do so. As far back as 1972 in the libel appeal of Jagan v Burnham in Guyana’s Court of Appeal, the then Chancellor of the Judiciary, E.V Luckhoo, rejected an application by Dr. Fenton Ramsahoye, appearing for Janet Jagan, to recuse himself on the ground that his brother, Lionel Luckhoo, was appearing for Burnham.

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CHANGING OF THE GUARD


Last week the 27 year old Anthony Joshua dethroned 41 year old Wladimir Klitschko, the reigning world heavyweight boxing champion for the past 15 years.  In the history of heavyweight boxing, Klitschko is one of the all-time greats. He would dominate a fight with sharp and powerful left jabs, keeping his opponent at bay, until he is able to land devastating right hooks or right crosses, sometimes in combinations, with lightning speed. Up until the fight, Joshua was merely a promising newcomer.

The fight began with Joshua taking away the offensive capability from Klitschko by himself utilizing the left jab repeatedly. Klitschko looked uncertain, retreating, his reflexes less than sharp, which were not good signs. The fight was close for much of the time, with Joshua falling to a right in the sixth round but weathering the storm. Thereafter it appeared that Klitschko was looking for an opportunity to land another right and gave up trying to win by scoring boxing points. This was a fatal mistake. It reduced his attention to his defence. The age difference showed and Klitschko’s stamina gave way. Starting with a vicious uppercut in the eleventh round through Klitschko’s open arms looking for that elusive right hook, rather than being in a defensive posture, Joshua delivered a flurry of punches from which Klitschko could not recover.

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SARA – A BOLD AND VITAL INSTRUMENT


The State Asset Recovery Bill (“Bill”) was passed in the National Assembly on Friday last after a robust debate. It is a bold and vital instrument in the anti-corruption effort, although modern anti-corruption legislation still remains to be addressed. When I wrote in 2012 that the PPP Governments had made efforts to curb corruption, but that by then it had become pervasive and further steps needed to be taken, it was legislation such as this that I had in mind. One of the triggers for my article was the many inquiries made of me for at least two years before my term as Speaker ended in 2010 as to whether AML/CFT legislation was pending. I knew that there was a requirement from CFATF that such legislation be passed but it was only when sanctions were threatened after the 2011 elections that the legislation was finally tabled by the last Government.

Political considerations were mainly responsible for the then combined APNU and AFC Opposition to oppose the AML/CFT Bill, just as political considerations are now mainly responsible for the current Opposition opposing the Bill.

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CONSTITUTIONAL REFORM – WHERE DOES APNU-AFC STAND?


Two Fridays ago a seminar on Constitutional Reform the Process, was held at the University of Guyana. The event, which was well attended, was organized by the Carter Centre and facilitated by the British High Commission. The PPP and a cross-section of civil society were represented, but conspicuously absent was any APNU or AFC party or Government representatives. The discourse focused on why there should be constitutional reform and the process by which it should be undertaken. The event was not intended to have a formal conclusion but to have Guyanese ownership.

Many ills of the society that needed redress were identified. There were concerns that elected officials were interfering in the democratic right to protest, of political intermeddling in Amerindian affairs, of the need for equity in the society, of implementing the existing provisions of the Constitution, of educating young people about the issues, and everything in between. The debate around the issues raised was lively and energetic. The fact that the audience remained attentive and engaged throughout the three-hour event suggested that there is much interest in constitutional reform and scope for more debate.

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