ELECTORAL REFORM.

Written by Ralph Ramkarran
Friday, 15th February 2013, 8:08 pm

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.

Continue reading “ELECTORAL REFORM.”

MINING ON AMERINDIAN LANDS

Written by Ralph Ramkarran
Saturday, 9th February 2013, 3:18 pm

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.

Continue reading “MINING ON AMERINDIAN LANDS”

THE PUBLIC PROCUREMENT COMMISSION

Written by Ralph Ramkarran
Thursday, 24th January 2013, 8:48 pm

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.

Continue reading “THE PUBLIC PROCUREMENT COMMISSION”

WHAT THE CHIEF JUSTICE ACTUALLY SAID.

Written by Ralph Ramkarran
Friday, 18th January 2013, 8:45 pm

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.

Continue reading “WHAT THE CHIEF JUSTICE ACTUALLY SAID.”

ROHEE’S RIGHT TO SPEAK.

Written by Ralph Ramkarran
Friday, 11th January 2013, 9:24 pm

Had I been the Speaker, this is the ruling I would have given on the motion tabled in the National Assembly to prevent Minister Clement Rohee from speaking. It would have avoided the costly litigation just concluded before the Chief Justice in which he ruled that Rohee has the right to speak as a member of the National Assembly.

“On July 30, 2012, the Assembly passed a resolution, No. 18 of 2012, which stated in part “…..that the National Assembly censures and expresses ‘no confidence’ in the Minister of Home Affairs, Hon. Clement Rohee, M.P., over his inability to discharge his responsibility for public security and calls for the immediate revocation of his appointment as a Minister of the Government and for his dismissal from office.”

Continue reading “ROHEE’S RIGHT TO SPEAK.”