The Speaker of the National Assembly, Dr. Barton Scotland, having declined to reverse his declaration on December 21, 2018, that the no confidence motion against the Government had been carried on a vote of 33-32 in favour, has shifted the arena of contest to the Court.
The constitutional provisions which have been automatically triggered by the passage of the no confidence motion, by now well-known, state: “106(6) The Cabinet including the President shall resign if the Government is defeated by a vote of a majority of all the elected members of the National Assembly on a vote of confidence. (7) Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”
Both the President and Prime Minister accepted the outcome of the confidence vote. The President said that the Government will abide by it and “facilitate the smooth functioning of the general and regional elections…”. The Government has now changed his mind, will question the Speaker’s ruling, has reneged on his commitment that “the relevant constitutional provisions will kick in” and has grabbed a flimsy lifeline thrown to the Government by Mr. Nigel Hughes. Ridiculously puerile excuses by the Prime Minister, reflecting a desperate attempt of the Government to stay unlawfully in office in violation of all norms of democratic, constitutional and lawful conduct, were relied on.
The Speaker will now be asked to act as a policeman and investigate whether Mr. Charrandass Persaud was bribed, and also whether the majority should have been 34 and not 33, having repeatedly ruled since 2015, and having been accepted by the Government since 2011, that a majority is 33. These are ominous developments, which will bring ridicule to Guyana and to the APNU+AFC Government, derail the democratic process and have grave implications for Guyana’s future and for Parliamentary democracy.
What transpired in the National Assembly on Friday evening was always a distinct possibility, ,with the Government’s one seat majority. Election results mean something. In 2011, the electorate told the PPP/C that it wants that party to join in a coalition to manage the affairs of the nation. The PPP/C ignored the message. The electorate removed it from office in 2015. Then it proceeded to give the APNU+AFC coalition a mere one seat majority. This conveyed another message – that the APNU+AFC coalition government should proceed cautiously and engage with the Opposition.
The coalitionlikewise ignored the message, overreached and governed as if it had a sweeping mandate. Now, like the PPP, it has paid the price. Arrogance, meaning the ignoring of the message of the electorate, rather than humility, that is, frequent consultation with, and listening to, the concerns of supporters and backbenchers, such as Mr. Charrandas Persaud, appears to be an ingrained habit of the main political parties.
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.’
During the lifetimes of Cheddi Jagan and Janet Jagan, the PPP twice, unanimously, decided to support a two-term presidential limit. A PPP delegation in 1995/6 proposed to the Parliamentary Select Committee on Constitutional Reform that the constitution should be amended to provide for a two-term presidential limit. In 1999/2000, the same representation was made by the PPP to the Constitution Reform Commission. These public proposals reflected those unanimous decisions.
During the Ramotar presidency, Attorney General Anil Nandlall opposed the application by Richardson to deem as unconstitutional the amendment to the constitution that limited the presidential terms to two. Before Mr. Ramotar became president, he had publicly opposed the call for scrapping the two-term limit. He has welcomed the decision of the Caribbean Court of Justice (CCJ).