CORRUPTION HAS NOW BECOME ENDEMIC

Written by Ralph Ramkarran
Saturday, 6th April 2019, 9:00 pm

Challenges to transparency in Government have attracted public comment in the past two weeks. I make no allegation or judgment  on recent events since they are based only on newspaper reports. But apart from these recent matters, allegations of corruption and nepotism are to be expected in the absence of strict and enforceable rules, which have been promised by the Government. These challenges have been occurring since Guyana gained its Independence and will continue until Governments take steps to enforce transparency and accountability. 
There is clearly no across the board political appetite for steps to curb corruption and nepotism. The PPP/C came to office in 1992 with one of its major promises being the elimination of corruption. It brought auditor general’s reports, which had been lagging for seven years up to date. It established a more transparent system of procurement. It implemented the Integrity Commission. However, in the ensuing twenty years, with the vast increase in public and infrastructure spending, corruption escalated to unimaginable proportions in every sphere of society. It became possible to grease palms to speed up or obtain services. Whatever the reason, so sensitive was the PPP/C Government to allegations of corruption, that when I described it as ‘pervasive’ in 2012 and called for additional steps to deal with it, I was severely attacked and forced to resign.

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DESPAIR!

Written by Ralph Ramkarran
Saturday, 6th April 2019, 9:00 pm

Many Guyanese are in despair arising out of the political deadlock and the failure of our politicians to resolve it. Many understand that relying only on the judiciary can only result in winners and losers. One round of the perpetual ethno-political competition would be over with the completion of the court proceedings. Whatever the outcome, the next round would come with the elections, whether held this year or next year. In this sense, the decision of the CCJ will solve nothing that is fundamental to the reality of Guyana’s existence and its challenges.

Whatever the CCJ’s decision and whenever the elections are held, Guyana’s problems will remain and would be no nearer to a solution. The economic slowdown will persist, poverty and unemployment will continue to increase, a high crime rate will perhaps get worse, corruption will grow by leaps and bounds and the ethno-political contest, an important driver of most of the above, will be no nearer to a solution.

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THE SIMPLE AND THE ABSOLUTE

Written by Ralph Ramkarran
Saturday, 30th March 2019, 9:00 pm

As is now well known, the Constitution makes no distinction between a ‘simple’ and an ‘absolute’ majority. It refers only to ‘majority.’ But the Court of Appeal ruled that such a distinction exists and under Article 106(6) an absolute majority of 34 out of 65 is required for the passage of a no confidence motion. It defined an absolute majority as half plus one. For a 65-member National Assembly, half is 32½. Since there is no half person, then 32½ has to be rounded up to 33. Then adding one will make an absolute majority of 34.

The Constitution recognizes only a ‘majority’ and a ‘vote of not less than two-third , or the ‘support of not less than two-thirds.’ It does not use the word ‘majority’ when describing the two-third vote, as set out below.  Article 168(1) provides that: “Save as otherwise provided by this Constitution, all questions proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting.”

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MILES GREEVES FITZPATRICK 1936 – 2019

Written by Ralph Ramkarran
Saturday, 23rd March 2019, 9:00 pm

Miles Greeves Fitzpatrick was born on the 12th January, 1936. His parents were the late Maxwell and Millicent Fitzpatrick. He was the brother of the late Eileen Bhola, the husband of Sultana Fitzpatrick, the father of Ron Garry Fitzpatrick and the grandfather of Zoe and Michael. He passed on the 12th March, 2019, at the age of 83, after a short period of declining health but during which he remained engaged and lively. I joined a few mutual friends, his family and some relatives at his home in celebration of his 83rd birthday in January.

Miles was born in Queenstown, Georgetown and attended Queen’s College. After High School, he graduated as a lawyer in 1956 and was called to the British Guiana Bar in January, 1957, following the footsteps of his father, who was a Solicitor and Magistrate. He entered private practice and joined the Peoples’ Progressive Party, an unusual step for a product of the Georgetown middle class. He was active in politics in the pre-Independence 1960s.

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THE COURT OF APPEAL CAN SHINE A LEGAL LIGHT ON THE WAY FORWARD

Written by Ralph Ramkarran
Saturday, 16th March 2019, 9:00 pm

President Granger last Friday said that “the Government is conducting its affairs in accordance with the Constitution and with respect for the rule of law.” He sought to convince the nation that it was the Speaker of the National Assembly who directed the Government’s approach to the court and that the cooperation of the Opposition is necessary for credible elections. He created a constitutional mandate for the Elections Commission in fixing a date for elections. He reiterated that the National Assembly is competent to extend the time for holding elections. The President said that there is no cause for “alarm or anxiety. The Office of the Leader of the Opposition issued a statement contradicting the President’s assertions point by point. The President places the burden for resolving the crisis on everyone but himself and the Government.

Notwithstanding the President’s use of selected articles of the Constitution to justify his untenable views as to the current state of affairs, created by the Government’s failure to fix a date for elections before March 21, the Government becomes illegal on March 22. One of two things ought to have happened by March 21, namely, elections ought to have been held, or the life of the National Assembly extended. Neither occurred, despite the decision of the Chief Justice (ag) that elections have to be held in three months after December 21, the date of passage of the no confidence motion. The Government insists that it has a right to be heard in Court and in doing so, insists that it has a right to violate the Constitution while awaiting the Court’s verdict. President Granger blithely ignores the nation’s right to elections and relies on the invented veto which he has accorded to the Elections Commission.

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