Apart from recognizing its ‘interim’ status, the Government acknowledges no other consequence of the no confidence motion passed in the National Assembly on December 21, after it members challenged the Opposition PPP to ‘bring it on.’ Attorney General Basil Williams said at a symposium at the Marriot Hotel sponsored by AmCham during last week said that Guyana is not geared for a no confidence motion. He also repeated at that event what he has said, in and out of court, that the Caribbean Court of Justice has not fixed a date for elections, implying that such a date is at large and will be fixed when house to house registration is complete. The Attorney General plucked out of the context of Article 106 that the Government shall resign after the President takes the oath of office following the election and appeared to indicate that this applies to whenever “the election” is held. In fact, “the election” refers to “an election within three months” which shall be held after the Government’s defeat on a no confidence motion.
To this melee of confusion, the President says that he doesn’t fix a date for, and has nothing to do with, elections; that it is Gecom’s responsibility to fix the date and to manage the elections. But the President then summoned the constitutionally independent body to his office for discussions in the absence of the Leader of the Opposition and then, after the meeting with Gecom on August 15, makes a statement reeking of intimidation: “We will accept any formula or any rule or any decision which satisfies the requirement of a credible election.” The President, the Attorney General and other Government spokespersons have said repeatedly that only a house to house registration will produce a credible list of voters. So what will the President do if in his view the decision of Gecom does not satisfy the requirement of a credible election, that is to say, does not uphold its decision to continue and complete the house to house registration to create a new voters’ list?
At the last two hearings of the cases before the CCJ, the clear preference was expressed by the Court for a political resolution of the NCM (no confidence motion) case. The Court, like everyone else, is fully cognizant of the political implications of any consequential order, especially having regard to the disputes over the voters’ list. At the last sitting of the Court, the President, Justice Adrian Saunders, expressed exasperation that the parties did not even meet, much less have discussions on the way forward. The Court is obviously anxious that what appears to be an explosively political matter should have a political solution which would satisfy all parties, rather than orders by the Court which may satisfy no one or only one. At the time of writing the President and Leader of the Opposition have not met.
The legal challenges by APNU+AFC initially appeared to be only a play for time. It was successful because the Government has obtained several additional months of life. More time is expected but even more is being demanded. A new voters’ list by house to house registration is demanded on the basis of vastly exaggerated and unproved claims about alleged defects in the list. These claims are that the list is bloated by 200,000 names and 18-year olds are not registered. This is the same list that was used for the recent local government (LGE) elections and there were no complaints. 18-year olds were extracted from the national register which registers persons from the age of 14 for the list used for the LGE. The same will apply for the voters list for new elections. Claims and Objections (C&O) will take care of any omissions. The latest play for time is that the list will not be ready until December 25. Both the 1990 and 1997 house to house registration took approximately eighteen months. On the evidence of the past, therefore, once house to house registration starts, there will be no elections until the end of 2020, if then.
To the sounds of Buju Banton and the echoes of the Wismar and Sun Chapman massacres, Guyana celebrates it 53rdIndependence Anniversary. Our political and economic future are as uncertain as they were 53 years ago. Guyana’s emergence from authoritarian rule in 1992 was not only a major landmark in its post-Independence history. The promises at the time were of “the dawn of a new era” and of “winner does not take all” politics. in the midst of economic reforms that promised a better life and the emergence of this newspaper that presaged freedom of expression, anticipation was high. After 27 years, half of our life as an Independent nation, hopes have been dashed. Our people have been kept in thrall to the logic of ethno-politics. No one now believes that either the APNU+AFC coalition or the PPP/C, by themselves, whichever is returned to office, has any intention of allowing this nation to unshackle the chains of domination politics.
Guyana’s political scene is thankfully uncomplicated by the ideological and political divisions sweeping many countries today, causing uncertainty and concern. But we do not live on an island and international developments do influence our views. This newspaper in its editorial yesterday high–lightedthe drift to “Europe’s illiberal future” in its editorial. The USA has already gone that way under Trump, who equated neo-fascists with anti-fascists, saying that there are good people on both sides. Australia’s right wing government has been unexpectedly returned to office. Boris Johnson, Trump’s buddy in the UK, Boris Johnson, may win the leadership of the Conservative Party and become Prime Minister. Nigel Farage’s Brexit party, a neo-fascist outfit, is expected to win the UK-European Union elections. While these developments do not directly affect us, we cannot wholly eliminate potentially negative influences. They can lead todevelopments here by encouraging a hard line against the compromises that may be necessary to effect changes.
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.
The PNCR appears to have had no difficulty in accepting the Caribbean Court of Justice (CCJ) in its appellate jurisdiction. The CCJ was established in 2005. As a court of original jurisdiction its function is to interpret and apply the Revised Treaty of Chaguaramas which established the Carribean Community. Hoping that it would replace the Judicial Committee of the Privy Council (JCPC) as the final court for most of the region, the Heads of Government agreed to clothe the CCJ with an appellate jurisdiction to determine appeals in civil and criminal matters for member states which cease to allow appeals to the JCPC and accede to the jurisdiction of the CCJ. In 1999-2000 the PNCR agreed, without having to be persuaded, to a recommendation by the Constitutional Reform Commission that the Constitution be amended to provide for Guyana’s accession to the CCJ when it was established.
In a statement published last Friday, Vice President Carl Greenidge reaffirmed the Government’s commitment to the CCJ. Notwithstanding adverse decisions and that only four Caricom countries so far have joined the Court’s appellate jurisdiction, the Government was satisfied with its competence and quality. The CCJ was in the news recently when it held that a law which provided that cross dressing for an “improper purpose” was unconstitutional. Also, the electorates of Grenada and Antigua, like St. Vincent a while back, rejected the CCJ as their final court in place of the JCPC. The steadfast support of the CCJ by the Government of Guyana is welcome to all lawyers and should be to all politicians.