I will stay away from the continuing controversies between the current and past Attorneys-General. To coin a phrase, when elephants rumble, it’s the insects in the grass who get trampled. I will likewise stay away from the merits or otherwise of the Chief Justice’s decision ordering the Minster of Legal Affairs to bring the Act into force. It is likely to be appealed and the Court of Appeal will decide. But why is the Judicial Review Act important to the public?
There is an area of law called ‘public law.’ While much law notionally exists for the protection of the public, ‘public law’ more directly protects the rights of the citizen in his or her relations with the state and public bodies or authorities by holding them to account. The instruments used by the courts in public law are of ancient origin, initially directed against the King, and are called writs of certiorari – to quash a decision, mandamus – to order something to be done, prohibition – to prohibit an act and the lesser known, quo warranto – challenging the right to hold an office. The writ of habeas corpus – ordering the production of a body, is linked to these. They are called ‘prerogative’ remedies issued by courts on the application of citizens for ‘judicial review’ to enforce their rights against the state or public authorities. Currently, these are the only remedies available in public law.
When I read the headlines in SN yesterday morning, ‘AFC says constitutional reform still a priority,’ I could not feel a sense of elation. Instead, I sunk into a dejected mood of déjà vu. The headline itself subtly editorialized that it was not impressed with the promise. It added to the main banner ‘though no progress over three years.’ I believe that the AFC earnestly wishes to have constitutional reform but is faced with implacable resistance in the form of inactivity by APNU.
But more importantly, constitutional reform for the AFC, as well as for APNU, whenever it desultorily renews its fading undertaking, no longer seems to mean what it promised in the coalition’s manifesto. By omitting to refer to the manifesto promises, it appears that constitutional reform is being treated as a box to tick before the next elections comes along. It can then boast of fulfilling its election promise.
This article below was first published in June, 2014, in a different political era. The recent shooting by the Police of three men on the seawall demonstrates the continuing relevance of the issues discussed at that time. I wrote as follows:
Violence and corruption in the police force can no longer be classified as allegations. They are real and are now an integral part of the culture of the Police Force and policing in Guyana. The sooner the authorities accept that these are chronic and systemic problems in the Police Force, the quicker there will be a serious attempt at a solution. No such attempt has yet taken place, even though modest efforts at ‘reforms’ have been made. But these have been attempted only reluctantly, after much public pressure and as an attempt to soothe public opinion. When public rage overflows, such as after the shootings in Middle Street, the public is offered the creation of a SWAT team. But the danger now exists that the Police Force will become so enmeshed and so entrenched in violence and corruption, that systems to protect these will take on a life of their own within progressively higher reaches of the Police Force.
With the production of 500,000 barrels a day for 300 days a year at US$40 a barrel, the annual income would be US$6 billion. The cost of production of oil varies widely, depending on whether it is onshore or offshore and if offshore, how far away and how deep. To give some idea North Sea oil was produced by BP in 2014 at US$30 a barrel. It went down to US$15 a barrel in 2017 and is expected to go down to US$12 a barrel by 2020. The estimated cost of production in offshore Guyana has not been made known by either the Government or ExxonMobil. We are therefore left to speculate.
Assuming that a maximum of about half of the income would be deducted as production costs, US$3 billion would be deducted as production costs from an annual income of US$6 billion. Guyana would earn 50 percent of the profit, that is, US$1.5 billion plus 2 percent of US$6 billion as royalty which would add another US$120 million. At minimum, therefore, Guyana’s economy would double. More likely than not, Guyana’s economy would grow to three times its current size and even more, if the price remains around US$60 per barrel and if more discoveries are made resulting in higher production. ExxonMobil has drilled only eight wells in seven of which oil was discovered. It plans to drill another twenty. There are also other blocks to be explored by other oil companies and other blocks yet to be given out for exploration.
It is not known whether the post of Commissioner of Police, which has become vacant with the retirement of now former Commissioner, Seelall Persaud, will be advertised to facilitate applicants from Guyana and the Caribbean, or will be ‘selected.’ President Granger implemented that policy in relation to the posts of Chancellor and Chief Justice, for which he had argued forcefully as Leader of the Opposition. It was productive because one such applicant was nominated for the post of Chancellor. Consistency demands that the position of Commissioner of Police be similarly advertised so as to attract the best qualified from Guyana and the region.
When appointed, the new Commissioner will recognize that without the cooperation of the public who provide information and intelligence, the capacity of the Police to solve crime would be severely diminished. It appears that such cooperation was significantly enhanced during the tenure of Commissioner Seelall Persaud. This saw a heightened crime resolving effort by the Police which deteriorated as soon as the Police came under public attack at the recent inquiry and the negative consequences of that inquiry. It is hoped that under new leadership the Police will revive its effort at good community relations which is recognized the world over as vital to crime-solving.