Latest update February 14th, 2025 8:22 AM
Jan 14, 2009 Letters
Dear Editor,
“CJ ruling on TV licenses to Lindeners will be challenged” (January 12th) begs for an explanation from President Bharrat Jagdeo as to why he would want to challenge this landmark ruling by the Chief Justice that is in complete compliance with the Constitution of Guyana!
The President and the main Opposition and PNC Leader, in 2003, decided to sign a communiqué that barred new licences from being granted until broadcast legislation had been enacted, and it now seems as though the President is of the opinion that, since he enjoys ‘executive privilege’ under the Constitution, then whatever he says, does or signs is automatically the law.
But in most democracies, when the rights of the people clash with the ‘executive privilege’ of the President, the judiciary has to step in and render a decision based on interpretation and application of the law as adumbrated in the Constitution, for it is the Constitution, not the words of the President, by which all Guyanese must abide and be judged!
This is also why we have three branches of government – executive, legislative and judicial – to ensure none of them oversteps their boundaries in the dispensation of their duties. And what the Chief Justice did was to rule in favour of the people when he ruled in favour of Lindeners Norman Chapman and Mortimer Yearwood against the state.
Again, the President owes the people of Guyana an explanation why he wants to challenge the Chief Justice’s ruling, on what legal/constitutional basis he mounts the challenge, what process he intends to pursue to this end (whether local Appeals Court or the CCJ), and whether he will not only abide by the final ruling, but quickly move to make good on the ruling.
It is a pity the CJ did not give the state a deadline or be forced to face contempt charges.
I am picking my brain and scratching my head trying to figure out what about issuing radio licences that is so threatening to Guyana’s security or productivity? The only conclusion I can arrive at is that this is about a showdown between the executive branch, represented by the President, and the judicial branch, represented by the Chief Justice, to see who has greater power or the last say. And if my conclusion is true, it exposes the President as being truly obsessed with power and confirms the growing belief that he is an insecure micromanager. Such a person usually finds it difficult to give up power easily or without a fight, and this may well be an indicator of what could play out in 2011 despite promises that he is not interested in a third term.
Second, this communiqué signed between the President and the PNC Leader demonstrates why it was totally wrong for these two men to be holding two-man meetings and reaching two-man agreements on issues affecting national life.
The same problem arose when an agreement was reached for the delaying of holding Local Government elections until reforms were made, and now we have a government that has used its Parliamentary majority to decide it will allow municipalities to hold elections on a case-by-case basis for mayors and chairmen, rather than have a constitutionally-due nationwide LG election. This way, it can get rid of anyone it doesn’t like and put people in that it likes.
Ironically, on both the radio licence and nationwide LG election issues that involved the President and the PNC leader, it is the PNC Leader who seems to be left trying to explain and defend his own position and understanding of the agreements.
He seems to be reacting to situations that he probably thought he had a gentleman’s agreement on with the President, and this is why there needs to be an immediate end to all PPP-PNC or Jagdeo-Corbin meetings and agreements.
Mr. Corbin, in this latest instance, you have again been found wanting, and now you have three options: 1) do the decent thing and resign your position as Leader of the PNC and main Parliamentary Opposition, 2) rally the support of whoever will listen to you and mount aggressive but orderly protests and demonstrations, or 3) stay on as PNC Leader and go down in history sharing responsibility with President Jagdeo for doing what is not in the best interest of the people of Guyana! It’s your call, sir!
Emile Mervin
Feb 14, 2025
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