Blatant breaches of the Constitution and misuse of democratic powers by Govt.

Jan 22, 2013 Letters

Dear Editor,
The double standards being pursued by government are providing much cause for alarm in Guyana. GINA, the government information agency, has unambiguously declared, “Whenever, Constitutional doctrines are ignored and are trampled upon and the Constitution is regularly violated by the National Assembly, the Attorney General (AG) has a responsibility to take the issue to the Court as it is the Executive’s responsibility which mandates it to ensure that the rule of law is maintained and the Constitution is observed, both in its letter and in spirit.”(GINA – December 31, 2012)
Recent disclosures, however, would suggest that government has failed miserably to meet with its declared obligations and, to uphold and protect the constitution as its keeper, during the administration’s watch.
Findings from an unbiased analysis, is a damning indictment of government misdemeanour and must be credited to the unselfish diligence and hard work of Mr. Christopher Ram. He has presented the public with the dilemma of a ticking time bomb that could explode if government does not curb its ways.
There is now a greater need for sanctions to be placed against those who insist on violating the Constitution and grabbing hold of absolute powers to fulfill their own selfish desires. The country is still struggling with the legacy of Forbes Burnham, who devised the Constitution to usurp absolute powers for himself as supreme, and above the law.
The revelations of Mr. Ram have highlighted the conduct of an ex-attorney general. The ex-attorney has sworn under oath to be the guardian of Guyana’s Constitution and to protect and defend it during his watch. However it appears the ex-attorney general has failed to properly execute his duties.
Mr Ram was not intimidated by those who see themselves as high priests with ‘expertise as a legal mind’. However, the high priest could not tell the difference, when it was a ‘private lottery not a government lottery’ (SN, Jan 20, 2013). In his assessment Mr Ram stated, “With a modicum of diligence, Mr Ramson would have discovered that there is no Development Fund of Guyana whether under the Constitution, the Financial Administration and Audit Act, Cap. 73:04, or the successor provisions in the Fiscal Management and Accountability Act No 20 of 2003. The latter makes it pellucid and mandatory that all public moneys raised or received by the government must be credited fully and promptly to the Consolidated Fund. The only exceptions, none of which applies to the 24% received from a private company, are:
(a) moneys credited to an extra-budgetary fund set up under enabling legislation establishing such a fund”.
Mr. Ram concluded, “Mr. Ramson’s most egregious error was his failure to recognise that the Constitution is the supreme law of Guyana and its provisions, including Article 216, cannot be swept aside by the terms of any agreement however clearly or ineptly drafted”.
It is an indictment if the constitution has been blatantly violated and not recognized, and due diligence not properly executed. No one should be above the law and, if a guardian chooses to abuse their sacred role in both letter and spirit, then he/she must be held culpable.
Justice should therefore be pursued without fear or favour, and be delivered without compromise, regardless of status.
Mac Mahase

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