REPAIRING GUYANA’S BROKEN SYSTEM OF GOVERNMENT


The debate about the most suitable form of government for Guyana has been ongoing since the 1970s and continues with vigour today. Ravi Dev wrote on the issue recently in the Kaieteur News and Henry Jeffrey made suggestions earlier this week in SN.

After the 1973 elections, at which the PNC seized a two-third majority, voices began to be heard from within that party to the effect that the Westminster system of government was an imposition by the British, was inadequate and was obstructing economic and social transformation, even though it did not stop Barbados, Trinidad or Jamaica.

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ELECTORAL REFORM.


Both the PPP and the PNCR supported the proposals for electoral reform which were recommended by the Constitution Reform Commission (“CRC”) in 2000. The CRC had recommended the retention of the proportional representation system but urged that the “electoral system should include an element of geographical representation.”

While the CRC did not make any recommendations of how this could be accomplished, it was conscious of article 160(2) of the Constitution which enables Parliament to provide for up to 50 percent of its seats to be elected from geographical constituencies while distributing the other 50 percent in such a way as to maintain strict proportionality.

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MINING ON AMERINDIAN LANDS


Now that the dust has settled and emotions have subsided, it might be a good time to dispassionately consider the meaning of the Court’s decision in the Isseneru Case which attracted some attention recently.

To grasp its full significance and implications, we need to go back in time.

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THE PUBLIC PROCUREMENT COMMISSION


The Public Procurement Commission(“Commission”) was recommended by the Constitution Reform Commission (“CRC”) in 2000 as a constitutional commission. Its objective was to reduce or prevent corruption in procurement if the growing allegations were to be believed. The charges of general, widespread corruption in other areas had not yet become prominent. The CRC felt that it was necessary to have a constitutional commission so that its provisions would be entrenched and difficult to change. The amendments to the Constitution were made in 2002.

Article 212W of the Constitution provides that the purpose of the Commission is to monitor procurement and the procedure to ensure that the procurement of goods, services and the execution of works are conducted in a fair, equitable, transparent and cost effective manner. Its functions are widespread. They include monitoring and reviewing all procurement systems; procedures of ministerial, regional and national procurement entities and project execution units; monitor performance with respect to adherence of regulations and efficiency in procuring goods and services and execution or works; investigate complaints; investigate irregularities; initiate investigations and more.

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WHAT THE CHIEF JUSTICE ACTUALLY SAID.


Three differing interpretations of the Chief Justice’s ruling in the case of the Attorney General v David Granger and Raphael Trotman have been given. Attorney at Law Basil Williams of APNU said that the Chief Justice upheld the decision of the Speaker by allowing Home Affairs Minister to speak as a Member of the National Assembly but not as Minister of Home Affairs. The Attorney General said that the “gag” order made against Minister Rohee by the Speaker has been removed. The Speaker said that he is appealing the decision because he requires clarification but that in any event he is not bound by the Chief Justice’s ruling. All of these distinguished gentlemen cannot be right. So what really did the Chief Justice say?

Before answering the question some background is necessary.

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