Fascism and the rule of law in Guyana

Mar 29, 2010 Features / Columnists, Freddie Kissoon

Did you read what Minister Priya Manickchand said about the DPP’s attitude towards the Court of Appeal Amendment Bill? She defended the Bill and argued that it could have contained more sweeping powers for the DPP. She was quoted in the newspapers as saying that during the consultations, the DPP wanted to go beyond what is presently contained in the legislation. Minister Manickchand didn’t elaborate; try getting the DPP to talk to the press. One’s curiosity is aroused. What more did the DPP want?

Ms. Manickchand is a lawyer. Pity she didn’t do a few history courses. If she did she would have learnt (one hopes) about the lessons of history. History can turn around and devour those who insult it. Did Ms. Manickchand see what happened to the ailing Doodnauth Singh? He was the man who secretly swore in Mrs. Jagan as President so the subsequent court order retraining her from assuming the position was null and void. This was the same Doodnauth Singh whose office challenged in the High Court, a Magistrate’s granting of bail to Oliver Hinckson. Earlier in his life, this was the same Doodnauth Singh that was on the defence team of Arnold Rampersaud who was accused of shooting a policeman dead who guarded the Corentyne toll stations after the PPP had protested the imposition of a toll. Sadly, that very party has now put a high toll on the Berbice Bridge crossing. Rampersaud got refugee status in Canada and must be in his later seventies now. He hasn’t spoken since. He should now.

So the faithful Mr. Singh had to take the Government to court to collect his pension. You wonder what his mind looked like when he got the news that he couldn’t get his pension. Had he read a few history books, he would have known that dictatorship is a monster that devours its creators. Is it possible that these nasty pieces of legislation can come back to haunt those who think they virtually own Guyana and cannot be removed? They bask in an unrestrained fascist ambience that they have created to the point where they feel they can do anything to this helpless nation. What they don’t seem to understand is that in mashing up the rule of law, they are creating a chaotic order that will destroy the entire society.

There is an inherent problem with fascist government that is insoluble. For fascism to succeed it has to devastate the rule of law. This is the first corner that fascism stops at – the rule of law. But in destroying the rule of law, fascism destroys the society because all other stakeholders ignore the rule of law. They take their cue from the State. A vivid manifestation of how the rule of law is treated contemptuously by the society under fascism is the classic movie, “Night of the Generals.” This is classy stuff with high class acting by Omar Sharif and Peter O’Toole. It is about the breakdown of the rule of law in fascist Germany under Hitler and how powerful people just did what they wanted to. Policemen who tried to enforce the law just fell by the wayside.

In Guyana the night of the generals lives on. The night doesn’t run into day. The night goes on and on and the rule of law flickers in the background the way the evening breeze may tease a candle flame. A judge orders the DPP’s office to bring an indictment on a particular day in the High Court. The DPP’s representatives walk into court and there is no obedience of the judge’s order and the night goes on. A judge grants bail to an accused and the order goes to the prison authorities. The judge’s decision is ignored and the night lives on. A judge grants bail to a murder accused, the State asked another judge to rule against her colleague. She does and the night goes on.

From prison authorities to policemen to state officials, no one respects the rule of law any longer in fascist Guyana. A judge declares that the Dental Council must register a Columbian doctor working with a valid permit in Guyana, the judgement is tossed aside. A year has passed and the poor dentist is still watching the generals and how they live in the night while he awaits his faith. Under fascism, the rule of law has no place. And Guyana has become a fascist state. The philosopher Edmund Burke once wrote; “People crushed by law have no hopes…if laws are their enemies, they will be enemies to laws.”

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Fascism and the rule of law in Guyana

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