GUYANA IS APPROACHING A CONSTITUTIONAL PRECIPICE


If elections are not held on or before September 18, as appears likely, the Government will fall over a constitutional precipice which is fast approaching. According to Vice President Khemraj Ramjattan, Minister of Public security, speaking on a podcast on Wednesday last, if the Gecom Chair advises the President that free and fair elections cannot be held without a new electoral list compiled by house to house registration, the President will have no choice but to fix a date for elections when it is estimated that registration is expected to be concluded. That date is December 25, according to Gecom’s lawyer, advising the CCJ.

In relation to whether elections will held on or before the due date of September 18, VP Ramjattan said on Wednesday last, “I doubt it, I seriously doubt it.” While VP Ramjattan stressed that it was his opinion, such an opinion coming from a Vice President of Guyana, even before a Chair of Gecom is appointed and forms an opinion on the list, carries great weight. When asked about the status of the Government after September 18, he said that the doctrine of necessity will apply so that the Government would be lawfully in power and its decisions would be lawful. Accordingly, any Government can deliberately refuse or fail to hold elections, claim the right to do so under the doctrine of necessity, and lawfully stay in office! Such twisted logic has sadly become part of the degenerated discourse on our constitution and its interpretation.

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RAMJATTAN v NAGAMOOTOO [2019] AFC 1


As the general elections draw near, and the speculation surrounding the choice by the PPP’s of its presidential candidate is over, attention is now focused on the AFC’s choice of its prime ministerial candidate. The AFC apparently anticipates that there will be another coalition with APNU and that it will be offered the opportunity to choose the prime ministerial candidate. But no public indication has been forthcoming about the renewal of the coalition.

The Cummingsburg Accord, which is the foundation document for the coalition, has expired and the parties went their separate ways for the local government elections. Even if there is another coalition the prime ministerial candidate may well come from APNU. Amna Ally and Ronald Bulkan are available. APNU may well consider that the performance of the AFC at the local government elections, obtaining only four percent of the votes, does not qualify it for the prime ministerial slot. It could propose that the AFC now only deserves ministerial seats and far less than the forty percent agreed to in the Cummingsburg Accord.

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