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.”
What transpired in the National Assembly on Friday evening was always a distinct possibility, ,with the Government’s one seat majority. Election results mean something. In 2011, the electorate told the PPP/C that it wants that party to join in a coalition to manage the affairs of the nation. The PPP/C ignored the message. The electorate removed it from office in 2015. Then it proceeded to give the APNU+AFC coalition a mere one seat majority. This conveyed another message – that the APNU+AFC coalition government should proceed cautiously and engage with the Opposition.
The coalitionlikewise ignored the message, overreached and governed as if it had a sweeping mandate. Now, like the PPP, it has paid the price. Arrogance, meaning the ignoring of the message of the electorate, rather than humility, that is, frequent consultation with, and listening to, the concerns of supporters and backbenchers, such as Mr. Charrandas Persaud, appears to be an ingrained habit of the main political parties.
A scathing editorial in the Kaieteur News last Friday shockingly castigated Members of Parliament in most unparliamentary language, from which the headline is taken. Here is another sample: “In some respects what Guyana has is not a legislative body, but a Roach Motel overflowing with a cast of creepy characters, a real life Bates Motel horror of shocks that frightens the public. It is obvious that the great majority of members have little by way of shame or nonnegotiable moral imperatives. This is a set of people paid well to perform and deliver the crass and the cheap. They like being the way they are. They do not prepare, do no research, have no pride. They falsify, they exaggerate, they dissemble and all the while revel with their fellows in what has been reduced to a brawling parliamentary slum. They care neither about the image projected nor the impressions left.”
Some time ago I explored in an article the issue of brawling in parliaments around the world during which, invariably, members are injured by fists, objects and missiles, including furniture, hurled from one side to the other. I discovered that misbehavior, especially by the opposition, plays well back home. Supporters of opposition parties who do not normally get their way, either become angry or frustrated, or both, and explode in apparent rage. Sometimes the reverse occurs where government members are the primary offenders.
Why has the Government failed to proceed with constitutional reform to implement the proposals contained in its manifesto for the 2015 general elections? According to Prime Minister Moses Nagamootoo, the blame for the delay lies at the feet of the Parliamentary Standing Committee for Constitutional Reform. He said that a draft Constitution Reform Bill has been before the Committee but that the Committee has yet to consider it. As if in answer, a news item appeared on Friday stating that the Standing Committee will be meeting. The results of the meeting are not known at the time of writing.
Readers will recall that the coalition’s core manifesto proposals for constitutional reform for the 2015 elections include separate presidential elections, the person gaining the second highest votes becoming the prime minister and any party gaining 15 percent or more of the votes being entitled to a share in the government.
There appears to be no consensus among parliamentary parties about a date for the first sitting of the National Assembly after the just concluded recess.
There also appears to be some confusion as to the procedure by which the National Assembly is to be convened. It is claimed that the Government has to make a request of the Speaker. The AFC, on the other hand, relies on Standing Order (S.O.) 8(2) which permits the Speaker, if in his opinion the public interest so requires, to convene the National Assembly to a day earlier than that to which it stands adjourned. Under this S.O. the pre-requisite for the Speaker’s intervention is that a date must have already been fixed, which is not the situation. The AFC also relies on the Opposition’s has 51 percent of the seats. The Opposition Leader says that it is out of their hands.