THE CCJ UNDER ATTACK – ‘POLITICIANS IN ROBES’


The total electoral devastation of the Democratic Labour Party(DLP) and the political exit door shown to former Prime Minister, Freundel Stuart, by the Barbados electorate at the elections last Thursday, is an apt and decisive answer to the vicious attack Stuart made on the Caribbean Court of Justice earlier in the week, when referring to the judges derogatorily as ‘politicians in robes.’ It is not unusual for politicians to be peeved by court decisions. Guyanese politicians have expressed ‘concern’ about issues relating to the CCJ on several occasions in the past, including the recent past.

In the UK, the developed country from which we inherited our laws and jurisprudence, and whose precedents are the most influential in the CCJ, judges and courts are regularly criticized, as they should be. But Stuart did not merely criticize; he unjustifiably attacked the CCJ for political bias and undertook to withdraw from the Court. Had he won the elections, Barbados’s withdrawal would have dealt a crushing blow to Caribbean unity and, worse, would have weakenedCaribbean jurisprudence and the rule of law in the region.

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KARL MARX AT 200


Neither Marx nor his contemporaries would ever have believed that his name would survive for 200 years. For his entire life, he had been known only in limited revolutionary and activist circles. His journalism and published works reached only a small audience. By the 1860s his works had not been in print for twenty years. He had hoped that Capital, published in 1867, would sell enough to liberate him from his lifelong, grinding, poverty. But only 1,000 copies were sold in five years in Germany. His funeral in 1883 was attended by 11 persons.

But he left a vast treasure of learning. Only in their twenties, both Marx and Engels wrote works which made little mass impact at the time, but which have become vastly important in the history of ideas. The most famous of them, now the most recognised political tract of all time, the Communist Manifesto, written in 1848, is still revelatory of capitalism’s contradictions and its trajectory (Yanus Varouflakis “Marx predicted the present crisis and points the way out” April 20 2018). Marx’s ‘Economic and Philosophic Manuscripts’ and Engels, ‘The Condition of the Working Class in England,’ both published in 1844, were to become important classics in the nineteenth century discourse on political economy. Other major publications by Marx include The German Ideology (1845), The Poverty of Philosophy (1847), The Eighteenth Braumaire of Louis Bonaparte (1850), Contribution to Critique of Political Economy (1859), Capital Vol 1 (1867) and dozens more.

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MISCONDUCT IN PUBLIC OFFICE


The offence of misconduct in public office carries a maximum penalty of life imprisonment. It is what is known as a ‘common law’ offence and is triable on indictment. This means that it is is derived from judge-made law of England which Guyana has legally inherited. And it is triable by jury. The maximum penalty suggests that it is regarded as a very serious offence.

While the offence can be traced back to the 13th century, a definition, given by Chief Justice Lord Mansfield in the 1783 case of R v Rembridge emphasized its importance: “…. first that a man accepting an office of trust concerning the public, especially if attended with profit, is answerable criminally to the King for misbehavior in his office; …. Secondly, where there is a breach of trust, fraud or imposition in a matter concerning the public, though as between individuals it would be actionable, yet as between the King and the subject it is indictable. That such should be the rule is essential to the existence of the country.”

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CHEDDI JAGAN ON THE WEST INDIES FEDERATION: CLR JAMES ON CHEDDI JAGAN.


Divided societies like Guyana suffer from a phenomenon whereby historic events which, when they occurred, gave rise to allegations of ethnic bias, never seem to go away. The West Indies Federation, which lasted from 1958 to 1962, is one such. It is an historic event which is hardly relevant to contemporary Guyana today. Yet the debate on Jagan’a attitude to the Federation rages, as if the event occurred yesterday, and not more than 50 years ago. It is contextualized to the current ethnic controversies, one of which is to seek to continually paint Jagan as a racist, or at least to allege that he was motivated by ethnic considerations. His role in the establishment of the University of Guyana has become another. But that is for another time.

An editorial in the Stabroek News of December 19, 1986, on ‘Regional Integration’ stated that ‘…others, notably Eusi Kwayana (then Sydney King) attributed Jagan’s opposition [to the Federation] to his unwillingness to be swamped in a predominantly African grouping. C.L.R. James is also reported to have made a similar assertion. In response to the Stabroek News editorial, Jagan replied as follows:

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REFLECTIONS ON CHEDDI JAGAN (1918-1997)


Cheddi Jagan returned from studies in the United States to a British Guiana in 1943 that was a cauldron of poverty. The report of the Moyne Commission, which investigated poverty in the region in the 1930s concluded that “for the laboring population, mere subsistence was increasingly problematic.” The report was so explosive that it was not published until 1945. It weighed heavily in subsequent developments. In 1946 Cheddi Jagan, Janet Jagan, Jocelyn Hubbard and Ashton Chase, the latter two of whom were active trade unionists, formed the Political Affairs Committee (PAC). In 1947 Cheddi Jagan fought and won a seat in the Legislative Council.

The cauldron of poverty was being stirred by decades of intensified industrial unrest, prompted by the new found strength of organised labour. The British Guiana Labour Union (BGLU) was the first to be registered in the British Empire in 1922. The Man Power Citizens Association (MPCA) was registered in 1937 and represented sugar workers. The Transport Workers Union (TWU) was established in 1938 and superseded the BGLU as the largest and most militant in the city. In 1947 bauxite workers went on strike. In 1948 the successful Teare Strike led by the TWU, stopped the trains and boats and closed down the country for two weeks – unprecedented in a colony. In 1949 the Enmore strike of sugar workers took place during which five sugar workers, who became known as the Enmore Martyrs, were shot and killed. This heightened labour activity was also a feature in the Caribbean region and was prompted by a decline in sugar prices on the world market which further exacerbated poverty.

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