The Guyana Government’s lawful tenure in office came to an end on September 18. The no confidence motion was passed pursuant to article 106 of the Constitution on December 21 and should have resulted in elections by March 21. However, court proceedings placed a ‘pause’ on events and time began to run again on June 18 when the CCJ ruled against the Government. The CCJ gave the clear indication, but did not rule, that elections are due by September 18. Nothing prevented the CCJ from formally ruling, which the lawyers representing the appellants, who had brought the case against the Government, had sought. The result is that the Government has quite duplicitously argued that the CCJ did not rule, the Constitution has not been violated and the Government has de jure and de facto power. From whence this lawful power has been derived has not been explained in any sensible or rational way.
I am deeply conscious of, and have written extensively on, the ethno-political fears that influence Guyana’s politics. I have, and so have many others, repeatedly urged our main political parties to discuss the proposals which they themselves have placed on the political agenda and come to an agreement on how political responsibility can be shared between them equally so that neither can feel at risk of being dominated by the other. The reason the APNU+AFC’s promises of constitutional reform failed to materialize is that it realized that its own proposals would put it in an inferior power position to the PPP. In order to arrive at a political solution, the parties have to accept equality of representation. And it is the PPP that would have to make that concession or sacrifice because of its superior numbers. APNU+AFC has the historical injustice of slavery as an argument to counter that of superior numbers.
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?
The Chief Justice ruled that the no confidence motion was lawfully passed on December 21 in the National Assembly by a 33-32 vote, and that the vote of Charandass Persaud was lawful, notwithstanding that as a dual citizen he was unlawfully occupying his seat in the National Assembly. Consequent upon those findings, the Chief Justice ruled that the Cabinet automatically resigned on the passing of the no confidence motion. The Chief Justice granted neither a stay of execution nor a conservatory order which would have preserved the status quo ante. Yet the Government announced that the status quo remained and Government business will be conducted as usual.
This statement, disrespectful and defiant of the Chief Justice’s ruling, presumably means that the Cabinet will continue to meet and function and take decisions affecting the governance of Guyana, even though it is unlawful to do so. In effect, the Government’s functions must be limited to the implementation of existing decisions as no new ones can be made by the non-existent Cabinet. The statement also means that those Members of the National Assembly who hold dual citizenship will continue to occupy their seats even though the effect of the Chief Justice’s ruling in relation to CharrandassPersaud’s means that their membership is unlawful. Such bold, brazen and open defiance of lawful authority, of the Constitution and of the rule of law by a Government, have never been seen in Guyana after the Burnham era, or in the Commonwealth Caribbean, or in any democratic country for that matter.
The pacu is a fish related to the pirhana. The sweet water pacu has fearsome, human-like, teeth. However, unlike the pirhana, it feeds principally on nuts, fruit, insects and small fish. Its love for ‘nuts’ is not related to its rumoured taste for men’s testicles. It appears that this rumour is not true. The salt water pacu, which has no teeth and no resemblance, is a popular dish in Guyana.
There is another meaning of ‘pacu.’ It refers to a person who can be easily deceived. Sniffing out for a quick buck, some foreigners were led to believe that Guyanese are a bunch of pacus. They are finding out differently.