Latest update November 23rd, 2024 1:00 AM
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APNU+AFC’s manifesto undermines rule of law-Attorney General
…places private property under siege
Attorney General
Anil Nandlall
After conducting what he termed as a “peripheral” examination of the opposition’s recently launched manifesto, Attorney General (AG), Anil Nandlall summed it up to be an instrument that undermines the rule of law and places private property under siege.
He referred to a part of the APNU+AFC manifesto which says that the rights to personal property will be protected where the asset has been fairly acquired.
Nandlall posited that with such a suggestion, the seeds are being sown for the expropriation of private property, if in the opinion of the partnership it has not been “fairly acquired”.
“This is a threat to personal property everywhere. It is indeed, a proposition that makes every statement in that manifesto about the rule of law and about the bill of rights, ring hollow. By this statement, the Coalition is saying to the Guyanese people that they will determine, whether persons acquired their property “fairly” and if in the opinion of the Coalition, the property was not “fairly acquired” then it is liable to be seized,” The AG explained.
He said that this is “constitutional anarchy” being prescribed. Nandlall stated that every single Guyanese should take cognisance of this.
Also of crucial importance, Nandlall said, is that in the APNU+AFC’s manifesto, there is no reference to the rule of law or the constitutional right of the citizenry to be protected against “compulsory acquisition of their property by the State.”
He added, “This authoritarian assault on the constitutionally enshrined right to own property must be carefully noted by the electorate. At a minimum, the coalition has been decent enough to forewarn the population that private property will no longer be safe.”
Nandlall then spoke to the APNU+AFC’s plans to establish a Constitutional Reform Committee. The attorney-at-law said that it should be noted that such a committee already exists with Opposition Leader, David Granger serving as its Chairman for the last three years. The AG said that it is important for the nation to note that the committee met not more than three times in those three years under Granger’s chairmanship.
Even more puzzling to Nandlall, is the APNU+AFC’s proposals for Constitutional Reform. He said that he finds the suggestions under this heading to be absolutely bizarre. To support his position, he mentioned the opposition’s plans for appeals from the High Court to go directly to the Caribbean Court of Justice in certain constitutional matters, thereby bypassing the Guyana Court of Appeal.
“No explanation, whatsoever, is offered for this most weird procedure. What sinister motive do they have for ostracizing an important link in the hierarchical chain of our Judiciary? Why this vote of no confidence against our Guyana Court of Appeal? …Now, the nation witnesses another proposal to emasculate this most vital cog in our judicial wheel…The rule of law is being undermined,” Nandlall argued.
He also spoke to the fact that the coalition is proposing that it will reduce the immunities of the President. Nandlall contended that this was already done in 2001 through the Constitutional Reform process. He claimed that today, it is no different from any other Head of State in the civilised world and challenges anyone to prove him wrong.
“What is the rationale for reducing Presidential powers but adding three “Vice Presidents” to the Cabinet in the same government?” questioned the lawyer.
Nandlall also criticised the opposition’s promises to address the delays in confirming the appointment of members of the Judiciary and rationalize the position of the Chief Justice and the Chancellor of the Judiciary.
He found this to be more than comical “since the entire country knows that it is the Leader of the Opposition who has steadfastly refused to agree for the confirmation of the current office holders of these two positions as is required by the Constitution.”
The Attorney General expressed that what the APNU+AFC is doing, is seeking to solve problems which they themselves have created.
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