Very little debate has taken place on the Petroleum Commission of Guyana Bill. It is to the credit of the Georgetown Chamber of Commerce to have initiated a public discourse on the legislation around the country, albeit late in the day. The lead speaker has been former Energy Minister of Trinidad and Tobago, Kevin Ramnarine, who has tremendous expertise in many aspects of the oil industry and who has visited Guyana several times sharing his knowledge. He was ably assisted by Mr. Deodat Indar, the president of the Georgetown Chamber of Commerce, which has been invigorated in recent years by many young business leaders who are dedicated to its agenda of promoting business and commerce.
The business community is deeply interested in the Bill because it seeks to establish the institutions that will oversee the oil industry and to define the rules which would guide their functions and duties. Since it is likely that when passed, the Bill will impact the business community by providing opportunities for its growth and development for decades in the future, it is vital that not only business, but the people of Guyana, take an interest in what is being proposed to maximize the potential for Guyana.
For more than twenty years the task of choosing a chairperson of the Elections Commission (GECOM) was without controversy. With the resignation of Dr. Steve Surujballi the President invited the Leader of the Opposition to submit a list of six, not unacceptable, names under article 161 of the constitution, which was done in December, 2016. The article requires the chair to be a judge, a former judge or a person qualified to be a judge (the “judge category”) or a fit and proper person. The President rejected the list in its entirety. He first suggested that only a person in the ‘judge category’ could be appointed but later amended that to indicate that preference must be given to the ‘judge’ category. The President also stated that all the names on the list must be acceptable and if one is not, he is entitled to reject the entire list.
At the invitation of the President, the Leader of the Opposition submitted a second list. This was also rejected by the President. The Leader of the Opposition continued the policy of engagement and indicated that he will submit a third list. However, by that time, Mr. Marcel Gaskin, of a new organization called RISE, formed to promote constitutional reform, brought legal-constitutional proceedings seeking answers to four questions. These were: whether the list must include a judge, former judge or person qualified to be a judge; whether the President must state reasons for deeming each of the six names unacceptable; whether the President is obliged to select a person unless he has decided that the persons are unacceptable; whether one person being unacceptable renders the whole list unacceptable. The Guyana Bar Association, entered a case as amicus curiae (a friend of the court) and made submissions. The case was heard before Chief Justice (ag) George-Wiltshire, who announced an oral decision on July 17. The 33-page written decision became available last week.
The stunning news, unprecedented in Africa’s history, broke on Friday morning that the Kenyan Supreme Court had overturned the results of the August 8 elections which the incumbent president, Uhuru Kenyatta, 55, had won with 54 percent of the vote. The six-bench Supreme Court ruled four to two in favour of a petition by Raila Odinga, 72, running and losing for the fourth time, with 44 percent of the vote, who claimed that electronic voting results were hacked in favour of Kenyatta. New elections were ordered in 60 days.
Chief Justice David Maraga, in delivering the ruling said: “After considering the evidence, we are satisfied that the elections were not conducted in accordance with the dictates of the Constitution.” The court said that the elections commission committed “illegalities and irregularities…in the transmission of the results,” the details of which will be set out in the written judgment to be delivered in 21 days.
There are approximately 2,000 prisoners in the five facilities in Georgetown, New Amsterdam, Mazaruni, Lusignan and Timehri. Of these 35 percent is on remand awaiting trial. The Georgetown Prison at Camp Street was designed to accommodate 600 prisoners but held in the vicinity 1,000. Violent incidents or escapes have occurred in Georgetown, New Amsterdam and Mazaruni in the past. There was always a great fear among those responsible for security that Camp Street could explode at any time. The problem of overcrowding was well known.
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The Guyana Bar Association (GBA) had its annual general meeting on Wednesday last and elected a new Bar Council, the name of its executive. The large turn-out of lawyers at the meeting was a positive indication of reviving interest. The nominees for office, clearly identified beforehand, were unanimously elected, underlining the unity which prevailed and which was expected to continue.
For the first time in many years a senior lawyer, the distinguished Robin Stoby, Senior Counsel, the Secretary of the GBA in the 1980s, agreed to serve and was elected as First Vice President. It was a generous commitment of time by Mr. Stoby, as well as by Mr. Rajendra Poonai, a leading lawyer with decades of practicing experience, who was elected to the Bar Council, to an executive comprising the younger generation of lawyers, although most of them have had more than ten years of practice. The dominance of ‘youth’ in the Bar Council, who have wisely sought out the guidance of the ‘seniors,’ appear to have now set the stage for the rejuvenation of the GBA.