The Caribbean Court of Justice has extensive powers to make the orders that had been sought in the no confidence motion cases. Without serious justification, it declined to do so. Its ‘timid and ineffectual’ decision has intensified the constitutional chaos in Guyana. High Court cases are now being brought for orders and declarations that the CCJ ought to have made. In their absence, the Government has refused to act on the CCJ’s decision.
Mr. Andrew Pollard, writing in the SN on 28 August pronounces the CCJ’s decision as fine and is horrified at my criticism. As a newly minted Senior Counsel, Mr. Pollard should know that criticizing judges and courts in far sharper language than mine, is quite an accepted activity in normal countries. What is not normal is for a court that finds constitutional violations, to decline to make orders to rectify those violations, but relies instead on the ‘integrity’ of politicians. But no word from Mr. Pollard about this abject failure of the CCJ and of the Government’s continuing violations of the Constitution.
By virtue of the now familiar Article 106(7) of the Constitution of Guyana, elections are due to be held within three months of the passage of a no confidence motion in the National Assembly on December 21, 2018, that is, by the end of March. The court has no power to alter the Constitution by extending the time. Only the National Assembly, by a two-third majority, can do so.
The first step after the passage of the no confidence motion ought to have been a directive from the President to the Chair of the Elections Commission to provide a timetable for the holding of elections before the end of March, 2019. This is what the Opposition Leader, Mr. Bharrat Jagdeo, ought to have insisted on at his meeting with President Granger on January 9. Instead the Opposition allowed itself to be ensnared in a charade of fruitless consultation with the Elections Commission. That it would have been fruitless was later signaled by a chorus that a new electoral list was neededand by a delay in the meeting. The most recent, flimsy, excuses are that time is needed for the training of elections day staff and the mobilization of supplies. These can be accomplished in weeks. Existing trained staff for local government elections only need to be upgraded and supplies can be acquired by emergency procurement.
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.”
Sex and politics intersected in an explosive controversy that has gripped the United States as Professor Christine Blasey Ford gave evidence last Thursday to the United States Senate about a sexual assault perpetrated against her in the summer of 1982 by Judge Brett Kavanaugh, President Trump’s nominee to replace Justice Anthony Kennedy, on the US Supreme Court.
The Republican-controlled Judiciary Committee of the US Senate initially refused to hear Professor Blasey Ford. However, public pressure forced the Judiciary Committee to reopen the hearing.
Ryan Crawford, whose middle name you will have to guess, is an attorney-at-law in practice in Berbice, and the son of the late Marcel Crawford, one of the Ancient County’s distinguished lawyers. He was the victim of a stop on the East Coast public road by police on Thursday last, presumably while on his way up to Berbice. Mr. Crawford became incensed and let loose as tirade of expletives, objecting to the stop by the police. Punctuated by a repetitive flow of profanity, Mr. Crawford declared his name, but with a qualifying expletive for his surname. With the same descriptive dexterity, he demanded that the police should tell him why he was … stopped, while at the same time informing the policeman that he can only be …. stopped if he was …. suspected of having committed a …. crime. He challenged the police to inform the …. President and the …. Vice President and whoever the …. else he wanted to and then drove off.
The incident was recorded and found it way on social media and, as is to be expected, there were many comments, some supportive and some condemnatory. The supportive comments expressed in various ways disapproval of the police activity of stopping vehicles on the road for no apparent reason, then requesting driving licences. A police stop is often accompanied by the inevitable request for a “raise.” Despite the decades of criticism of this type of police activity, nothing has ever been done by the authorities to restrain it.