THE GHOST OF ESTHER PERREIRA


Esther Perreira, a PNC supporter, filed an election petition in 1998, challenging the validity of the 1997 elections on several grounds, one of which was that the elections were unlawfully conducted. It was argued that the provision made in Election Laws (Amendment) Act 1997, which was supported unanimously in the National Assembly, that a voter must produce a voter identification card to be able to vote, was unconstitutional because it added a qualification to vote which was not countenanced by the constitution.

On 16 January 2001 Justice Claudette Singh (as she then was), now Chair of the Elections Commission, ruled that the requirement for a voter identification card was ultra vires articles 59 and 159 of the Constitution and, therefore, the elections were null and void. Justice Singh said: “…the constitutional right to vote would be denied to any person who did not produce such a card.” Justice Singh further noted that “with the introduction of the voter identification card, a person may be registered and still not be entitled to vote.”

Read more

SUBVERTING THE CHIEF JUSTICE’S DECISION, THROUGH THE BACK DOOR


On 26 September, 2019, Justice Claudette Singh, Chair of the Elections Commission, signed Order No. 70 of 2019, made under the National Registration Act pursuant to the powers conferred by sections 6(1)(a), 6(A), 13, 14 and 15 of the National Registration Act. The objective of the Order was to provide for what has become known as Claims and Objections. The Order is peculiarly named The National Registration (Residents) Order and not, as would have been expected, “The National Registration (Claims and Objections) Order.” The naming of the Order unwittingly exposes its nefarious objective – to undo the decision of the Chief Justice that non-residents cannot be taken off the List.

“Claims and Objections” are provided for by section 15 of the National Registration Act. But it is not defined. However, GECOM’s Manual of Instructions does at page 10. It states: “Revision of List of Electors: Claims and Objections: The Claims and Objections exercise within the Continuous Registration process will be conducted at the registration offices and sub-offices for a specified period of time. The exercise provides eligible electors, who did not register, the opportunity to gain entry to the list of electors or to update their particulars (transfers and changes). It also provides the opportunity for objections to particulars in the Preliminary List of Electors (PLE)….”

Read more

THE STATUS QUO NO LONGER EXISTS AND THERE CAN BE NO BUSINESS AS USUAL. A NATIONAL GOVERNMENT THE ONLY WAY OUT.


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.

Read more

MERRY CHRISTMAS


It should be of some significance to Christians that God’s message was not in “a raging whirlwind or a devouring fire” (Phillip Yancey quoted by Peter Wehner, NY Times 24/12/16). His messenger on earth was an ordinary man who was born in difficult circumstances, even with a hint of scandal, in a manger, after his family could not be accommodated in the inn. He spent a part of his childhood as a refugee, as so many thousands of children and adults are forced to do today, grew up into a worker, a carpenter, and died in his 30s at a time when the lifespan could not have been much higher. Some who do not subscribe to the view that he was the son of God, described him as an itinerant preacher, undistinguished from many others at that time, whose story took on greater proportions after he died.

But Jesus was different. He did not merely preach. He led by example. He was a friend of the poor and felt that they had a greater advantage in being admitted to heaven that the rich. “Blessed are you the poor for yours is the Kingdom of God,” he said. Jesus told the rich man who wanted to inherit eternal life to “go sell all your possessions and give your money to the poor and you will have treasure in heaven.” Most of his followers, including women, who were accorded an equal status as men despite the patriarchal society which they inhabited, were ordinary people. Many of the men, including Peter, were fishermen. There is no evidence that Mary, who witnessed Jesus’s crucifixion and resurrection, was anything more than of ordinary status. Her allegedly, prior, sinful character seems to have been a later invention.

Read more