QUID PRO QUO

Written by Ralph Ramkarran
Saturday, 14th June 2014, 7:00 pm

The Peoples’ National Congress (‘PNC’) Government nationalised the Demerara Bauxite Company in 1971. At that time article 8 of the Constitution of Guyana provided for the payment of “reasonable” compensation. The Bauxite Nationalisation Act (‘Act’) of 1971 amended ‘reasonable’ to give constitutional validity to the nationalization.

At that time the PNC did not have a two-third majority in the National Assembly, which is required for legislation amending certain provisions of the Constitution. It therefore required the support of the Peoples’ Progressive Party (‘PPP’) to pass the Act. The PPP was a fervent supporter of the nationalisation of the ‘commanding heights’ of the economy based on strong, ‘patriotic,’ ideological convictions. Yet the PPP demanded in return a quid pro quo – an office for the Leader of the Opposition – to which the PNC Government acceded.

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SYSTEMIC VIOLENCE AND CORRUPTION IN THE POLICE FORCE

Written by Ralph Ramkarran
Saturday, 7th June 2014, 7:00 pm

Violence and corruption in the police force can no longer be classified as allegations. They are real and are now an integral part of the culture of the Police Force and policing in Guyana. The sooner the authorities accept that these are chronic and systemic problems in the Police Force, the quicker there will be a serious attempt at a solution. No such attempt has yet taken place, even though modest efforts at ‘reforms’ have been made. But these have been attempted only reluctantly, after much public pressure and as an attempt to soothe public opinion. When public rage overflows, such as after the shootings in Middle Street, the public is offered the creation of a SWAT team. But the danger now exists that the Police Force will become so enmeshed and so entrenched in violence and corruption, that systems to protect these will take on a life of their own within progressively higher reaches of the Police Force.

Let us be clear. The vast majority of officers, and many of those lower down, are good, honest and dedicated policemen who are revolted by excesses. The Police Force still attracts cadets of quality who go on to become good policemen. But subsisting right alongside this quality is an established mindset, which violates the fundamental principles of policing and of morality.

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TAKING SILK

Written by Ralph Ramkarran
Saturday, 31st May 2014, 7:00 pm

The first appointment of a Queen’s Counsel in England was that of Sir Francis Bacon, made by Queen Elizabeth 1 in 1594, for a political purpose. Following the tradition that developed since then, the institution is recognized in most of the Commonwealth countries. When lawyers speak of ‘taking silk,’ they are referring to the time of their preferment by elevation to Senior Counsel, formerly Queen’s Counsel. ‘Taking Silk’ refers to the fact that lawyers who are conferred with the honour wear a differently designed robe made of silk. They also speak of being admitted to the ‘inner bar.’ This refers to the second bar table in the well of the Court where, of lawyers, only Senior Counsel may sit.

There has been no shortage of controversy in the Commonwealth about the continuation of the institution or about its reform. Arguments and public discussions on these issues have been going for decades but, with reforms, the institution has been retained. In England appointments were suspended for several years because of concern about fairness. When they resumed in 1995, solicitors were appointed. In some countries academics are appointed. But one of the main areas of controversy is fairness and transparency, even though in developed countries partisan political considerations in appointments have been largely eliminated.

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THE PROMISE OF 1950

Written by Ralph Ramkarran
Saturday, 24th May 2014, 7:00 pm

This is an appropriate time, on the occasion of the celebration of Guyana’s 48th Independence Anniversary, only two years before age 50, to begin the assessment of our condition as an independent nation and try to assess the future. Such a discourse is even more urgent at this time when it must be clear to all that Guyana’s post independence political dispensation is poised for a transformation. While politicians contend with the pressures of managing, or even acknowledging, new political developments, leaving frustration in their wake, there is no doubt that change is upon us – change so dramatic that it will transform our political landscape.

The discourse could begin by asking the question: What did a shovelman (Fred Bowman), a Hindu Priest (Pandit Misir), a lawyer of Chinese heritage (Rudy Luck,), a dentist (Cheddi Jagan), a lawyer and a Guyana Scholar (Forbes Burnham), a transport supervisor and trade unionist of mixed but dominant European extraction (Frank Van Sertima), a school teacher (Sydney King), a mixed heritage transport worker (Ivan Cendrecourt), a woman optician (Sheila La Taste), an American-born woman (Janet Jagan) and a trade unionist (Hubert Critchlow), mostly young people, have in common? These are 11 of the 22 General Council members of the PPP of 1950, chosen at random.

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RUDISA AND THE GOVERNANCE OF GUYANA

Written by Ralph Ramkarran
Saturday, 17th May 2014, 7:00 pm

The case of Rudisa Beverages and Juices (Rudisa”) v The State of Guyana, decided by the Caribbean Court of Justice (“CCJ”) on May 8, 2014, exposes not only the state of governance in Guyana over the past two decades but also symbolizes the complete loss of Guyana’s ability to achieve political agreement on any matter of consequence.

Rudisa, a Surinam company, produces and sells beverages in non-returnable containers. Caribbean International Distributors Inc. (“CIDI”), a locally owned subsidiary of Rudisa, imports and sells them in Guyana. They alleged that the imposition by Guyana in 1995, by section 7A of the Customs Act, of an environmental levy or tax of $10 on all imported non-returnable beverage containers imported into Guyana, was discriminatory and amounted to a violation of the Revised Treaty of Chaguaramas (“RTC”) passed into Guyana law in 2006.

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The Conversation Tree is both physical and philosophical. The physical is the tree itself, which has given its name to the road from which it originates at the intersection of the Rupert Craig Highway. It was reputedly first planted by Napleton William King in 1876 to celebrate the birth of his son Napleton Walter. As...
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