CONSTITUTIONAL CONUNDRUMS


Among the events after elections are: (1) After the vote count, the results declared by the Chief Election Officer. (2) The electoral quota is calculated by dividing the total number of votes cast by the total number of MPs. (3) The votes obtained by each list is then divided by the electoral quota which allocates the number of seats to each list. (4) The list representative extracts from the list and submits to the Chief Election Officer the names of those persons to become elected members.  (5) The Chief Election Officer declares those names to be the names of candidates on such list who have been elected.

The Chief Justice (ag) said, in the recently decided case of Morian v The Attorney General and the Speaker of the National Assembly, that all candidates become elected members of the National Assembly before the allocated of seats among the successful lists, that is, before stage 3. He said: “It is further clear that members of such successful lists are constitutionally recognized as ‘elected members’ even before the stage of allocation between those successful lists is reached – let alone before extraction (or selection) is made by the representatives of such lists after such allocation of seats between or among the successful lists.”

Continue reading “CONSTITUTIONAL CONUNDRUMS”

SOCU


The Special Organised Crime Unit (SOCU) was established in 2014 on the recommendation of the Caribbean Financial Action Task Force (CFATF). It was intended to be a police unit operating under the authority of the Commissioner of Police but with a close relationship with the Financial Intelligence Unit (FIU) established under the Anti- Money laundering and Countering the Financing of Terrorism (AML/CFT) Act, Chapter 10:11 of the Laws of Guyana. The Terms of Reference were approved by the Cabinet. These were not disclosed but “the Unit is expected to be dedicated to investigating suspected financial transactions suggestive of money laundering and financing of terrorism,” according to Dr. Roger Luncheon, the then Head of the Presidential Secretariat, who revealed all of the above in a press conference on September 7, 2014 and in previous press conferences.

This was certainly what was understood by then Leader of the Opposition, Mr. David Granger, who at a press conference on October 11, 2014, acknowledged that SOCU was being assigned “as the investigative arm of the FIU.” Mr. Carl Greenidge, then Shadow Minister of Finance, was even more expansive. He said: “The FIU, after receiving that report (from its reporting institutions), will now send it off to the SOCU which will operate as its investigative arm.” From what Mr. Greenidge said at the time, he clearly envisaged SOCU as a desk bound agency, with accounting and financial expertise, checking transactions, following paper trails and then instituting charges where offences are found to have been committed.

Continue reading “SOCU”

GREEN AND YELLOW


In the National Assembly last week, an Opposition PPP MP, Alister Charlie, criticized the use by the Government of green and yellow as the colours to paint various public objects, such as car tyres around plants and trees. The criticism was that these were the colours of APNU and AFC and their use reflects the reintroduction of the doctrine of paramountcy of the 1970s whereby the ruling Party held dominance over the state. The Opposition expressed fears that soon, just as the PNC flag was flown at the Court of Appeal, the colours of APNU and AFC, green and yellow, would be used to paint public buildings.

The Speaker, Dr. Barton Scotland, would have none of it.  He ruled that green and yellow are the colours of the national flag, the Golden Arrowhead, and cannot therefore be the object of ‘lampooning’ in the House. ‘Lampooning’ appears to have been used in a broad sense, meaning “criticizing” or “objecting to.” Decisions of the Speaker are final. There is no appeal. But because there was no detailed rationale by the Speaker for his decision, we are left to wonder whether his ruling means that no criticism can ever be made of the use of the colours green and yellow at all in the House, or whether criticism of the use of the colours would only be disallowed if it relates to the Government use of them to paint public objects. The Speaker’s decision was vigorously criticized by the Opposition.

Continue reading “GREEN AND YELLOW”

MORAY HOUSE HEADLINES WALES ESTATE CLOSURE


The announcement by the Government that the Wales Sugar Estate would be closed at the end of 2016 was the subject of a symposium at Moray House at Camp and Quamina Streets, the former home of the late David de Caires, the founding editor of Stabroek News. In opening the event, the Chair of Moray House Trust, Isabelle de Caires, noting the controversial nature of the issue and the passions it has generated in the midst of a general strike in the sugar industry, declared that it was not a political event but a debate with panelists and contributors being free to express whatever views they wished. Ms. de Caires pointed out that while some may wish to construe an organised public event on an important national issue as being politically motivated, silence could also be construed as a political statement.

The panelists were Jai Petam, who until a year ago served the sugar industry for 35 years, including in senior management positions generally and at Wales Estate over the past 18 years; Derrick Venture, of La Retraite/Stanleytown Cane Farmers Association for the past 35 years; Mark Khan, who has worked at Wales Estate for the past 30 years and is the plant foreman; Christopher Ram, accountant and lawyer and President of the Guyana Bar Association; Vicram Oditt, businessman and former Chair of the Board of Directors from 1993 to 2003. Guysuco declined participation but Mr. Tony Vieira, a member of the Board of Directors of Guysuco was present but in his personal capacity. And while the Government also did not participate, the Minister of Business, Mr. Dominic Gaskin, was present throughout the meeting. I am sure that these gestures were appreciated by members of the audience, including those from Wales. No doubt those who are passionately urging the Government to pause and reconsider are hoping that the Government is not only listening, but will also hear.

Continue reading “MORAY HOUSE HEADLINES WALES ESTATE CLOSURE”

THE CITY COUNCIL AND MINI BUS PARKS


The City Council announced last week that it would take the traffic situation in hand. It is unlikely that the City Council would have known that funds would be allocated in the budget for this purpose. After disastrous past experiences, the City Council should not be allowed to preside over parking arrangements for mini bus and taxi parks in the city. The Municipal and District Councils Act gives it no such power. It is a Police function, which appears to have been abandoned, as the City Council assumed jurisdiction.

Starting from the core area outside Stabroek market, occupied by the yellow Motor Transport buses between the 1950s and 1970s, mini bus and taxi parks expanded.  Between Avenue of the Republic and Water Street they occupied from Hadfield Street to Regent Street, from the National Assembly to the Bank of Baroda with the bulk in the Stabroek Market/Demico House and the Regent Street/Commerce Street areas. About ten years ago the City Council decided to further expand these areas for use by mini buses and taxis.

Continue reading “THE CITY COUNCIL AND MINI BUS PARKS”