Limits on Powers or Terms?

May 25, 2009 Editorial

Over the past year, there have been persistent rumours that President Jagdeo might be considering a third shot at the Presidency.

This eventuality, of course, would necessitate a strong dose of political manoeuvring to circumvent the constitutional limit of two terms that had been imposed on Presidential incumbency back in 2000.

The AFC had suggested that a referendum to remove the restriction might be appended on the Local Government Elections that the government insists will be held later this year. However, President Jagdeo, as well as the General Secretary of the PPP, has categorically denied the allegations.

One suspects that the rumours persist as much because of the events next door where President Chavez, with dogged insistence, finally won the right to overturn Venezuela’s Presidential term limits, as with any actual moves by President Jagdeo to do the same here.

Less public, but just as relentless have been the efforts of Columbia’s President Álvaro Uribe, who stands on the opposite side of the political spectrum that the left-wing Chavez, to duplicate the latter’s feat in Columbia.

Then, of course, there is the demonstrated reluctance of leaders of all persuasions through the ages to give up the reins of power once ensconced in office.

The issue of Presidential term limits has recently been ventilated in some other neighbouring countries – notably in Ecuador and Bolivia where constitutional assemblies went in the opposite direction to impose two-term limits.

When Mr. Burnham introduced the Executive Presidency to Guyana back in 1990, he was joining an old tradition in Latin America, not just in structure but also in substance. The Latin American Presidency, as Guyana’s, was characterised by the centralisation of power in that office – and the possibility of the incumbent continuing in office for life because of the absence of term limits.

The “third wave” of democracy that swept over Latin America from the early nineties had been preceded by an extended debate on the merits and demerits of the “Presidentialism versus Parliamentarianism”.

It would appear, however, that the central finding of that debate – that it was unchecked power that made “Presidentialism” a problem – appears to have been forgotten in the latest incarnation of the issue. It is not the point, contra to what Chavez had asserted during his campaigns against term-limits, that in the UK, Germany or France could run for office indefinitely, and be called democratic.

They could, but the essential factor was their powers were circumscribed by numerous institution, traditions and conventions that made them quite accountable to the process.

We too had our debate in 1999 but in the final recommendations that were incorporated into our Constitution in 2000, we also seemed to have missed the point – and the boat. We reduced the powers of the President – but not too much, insisted both the major parties.

The PNC could have promoted a more radical truncation of powers but looking ahead and believing that it could be returned to power, did not want that power to be attenuated. It is reaping the harvest of its miscalculation. The introduction of Presidential term-limits did not address the crucial problem of unmediated power: it attacked a symptom but not the disease.

In the attacks against the President for acting “dictatorially” it does not seem to trouble the critics that the President is acting “constitutionally”.

Those who want to split hairs about the “letter” versus the “spirit” of the constitution should reflect on what “spirit” left the present panoply of powers in place.

It may be better to accept unlimited-term presidencies, and lobby for a better system of checks-and-balances; wider input into the legislative agenda; removal of the list system etc that would serve to distribute power more widely at both the party and governmental levels.

If the truth be told, term limits probably offer disincentives for the incumbent to work very diligently in his/her last term since someone else would be reaping the benefits. Let the debate begin once again.

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Limits on Powers or Terms?

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