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Aug 24, 2008 AFC Column, Features / Columnists
BY KHEMRAJ RAMJATTAN
Chairman of AFC
No matter how exhaustive and well formulated the constitutional provisions in a democracy are, that democracy will suffer irreparably when there is not an understanding by its political actors that there is something called unwritten conventions, which bolster and buttress such written provisions, and which ought to be adhered to so as to create confidence and efficacy to the system.
Political actors who master only the art of democratic centralism and party paramountcy will perhaps hardly know anything about the convention of ministerial responsibility. Nor will they ever care to know.
From all appearances, it is either the absolute ignorance of this convention, or an unabashed arrogance towards it, which may be the reason why thus far into the Jagdeo Administration there has not been a sacking of or a resignation by any Minister, despite instances of Ministerial misconduct which ranges from the boldly bawdy to the incomprehensibly incompetent.
All those Ministers, falling within this range, are very close friends and colleagues of mine. But they are well aware that I will be a severe critic when criticism is necessary, and involve matters of principle – especially principles which touch and concern the rule of law and constitutional propriety.
To criticise for such reason does not mean to hate or to have a political agenda, as is so often mischievously misinterpreted. It is simply for the sake of our country, for our fledgling democracy.
The convention of individual ministerial responsibility fixes blame on a Minister for all failure of policy and administration whether the Minister himself is at fault or not, or if the failure resulted from departmental maladministration.
In other words, a Minister must take the praise for the successes of his department and the blame for its failures. This is responsible Ministerial government which we must strive to perfect, or come close to.
Now when the blame is grave enough, being directly as a result of an error or misjudgement or wanton unlawful conduct on the part of the Minister, such an errant Minister must be fired by the President or tender his resignation voluntarily. Otherwise, the entire system becomes undermined; and a dangerous precedent set.
President Jagdeo was the beneficiary of the status of Senior Minister of Finance in 1994 when the then Minister of Finance, Mr. Asgar Ally, resigned suddenly and in some stealth for (what was speculated at the time) committing an act which in the eyes of Dr. Jagan ought not to have been committed.
So President Jagdeo must be aware of this convention and the consequences for serious contraventions thereof.
Recently there have been instances of grave maladministration which in any decent democracy would have resulted in firings by the Head of Government or resignations from the Ministers themselves.
But this democracy is not now decent; that died with Jagan. This indecency has realized a democratic rollback.
Evidence of these instances is in the Auditor General’s latest report. The abject poverty in the quality of management of our financial affairs within the various Ministries is simply unimaginable!
Unreconciled bank accounts, overpayment to contractors, non-compliance of stores regulations, complete reversals in procurement processes and failure to adhere to Tender Board regulations constitute only a small fraction of the list of irregularities.
The Minister of Health admits that his Ministry breached tender procedures and regulations in procuring almost $1B of medical supplies from the New GPC. Not even a wrap on the wrist.
Why? Because as we now know the President approved it himself! “There is a 2003 no-objection Cabinet approval”, is his justification. Why then should we have laws if they are going to be bent and broken in this fashion?
And even when there are no laws under which tax holidays and concessions could be granted, the Minister of Finance makes his grant to QAII – speculatively worth in excess of $3B – only to have to rush back to Parliament to pass a law to legalise this illegality! No one is held accountable for this fiasco.
Neither is there that national outrage which ought to be exhibited by our right-thinking members in society; nor even within the backbenches of the Government.
I recollected that a man found himself in the Queen’s bedroom some decades ago. The U.K. Minister in charge duly and with a certain ring of honour and dignity resigned, because somebody has to be responsible.
This may have been an extreme instance of individual ministerial responsibility; but it emphasizes the political culture.
I can boast that even whilst a member of the PPP when I noticed grave errors and misjudgements of my own Ministers, I fearlessly spoke out. I remember all too clearly a biting commentary against Minster Feroze Mohamed in 1994.
Instead of a rectification of the problem, establishing civilian oversight of our Police Force then under the stewardship of Laurie Lewis, disciplinary proceedings were instituted against me by the PPP’s internal inquisition.
My plea to Dr. Jagan may have relieved me of serious party penalties….to the displeasure of Luncheon, Reepu, and Nokta who wanted to sit in judgement.
Another more infamous instance in which the call was made that this convention of ministerial responsibility applies, was in relation to the “Gajraj issue” where I publicly dissented on the issue of this Minister’s re-instatement in a piece titled “The shame is greater than the exoneration”. Though I have lost friends in doing as I did, I have had no regrets because it was the right thing to do.
Ministerial responsibility as a convention was never nurtured in our abnormal politics. And this is the other unmitigated disaster of this country.
We have an opposition, PNC, which hardly has left any moral authority, or winsome appeal on grounds of integrity and credibility to criticise the PPP/C.
All this Government has to rebut with is: “You did similarly, and you did it even worse. You did not even allow Auditor General’s Reports.”
Though formidable for partisan propaganda purposes, this is just not legitimate. Guyana’s fragile democracy and its undeveloped political culture will never see forward movement if arguments like these continue to be advocated by these parties which have brought us here. An alliance with and for change is the only way forward!
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