Does Guyana have a non-functional President?

Feb 07, 2013 Letters

DEAR EDITOR,
The pronouncements made by the entity delegated by the constitution in defining the legal functions of government, are subject to interpretations which may not be a true reflection of spirit and letter of intent. Inadvertently, however, it has brought to light the important fact, which could help readers to gain a far better understanding on the role of President.
The high offices of the Chamber of the Attorney General and the paragon of legal knowledge has pronounced in his preamble that, ‘The Attorney General remains, constitutionally, the principal legal adviser of the state apparatus.
A concatenation of these functional responsibilities has crystallized into a practice of great utility dating back to the days of the colonial Assembly which requires all bills passed by the House to be sent to the Chambers of the Attorney General by the Clerk of the National Assembly, firstly to be examined by the Chief Parliamentary Counsel and then by the Attorney General, who issues an assent certificate advising His Excellency, the President, that he may properly assent to the bill, provided, of course, that in the opinion of the Attorney General, the bill is in order’.
And that ‘Regnant and conventional prudence have long dictated both in law and in parliamentary procedure that ancient usage, customs and practice will and indeed have been employed for centuries to supplement legal vacuums wherever they manifest themselves’ (SN, February 5, 2013).
Relying on old colonial principles, often frowned upon by government, the Attorney General nevertheless, invoked colonial principles to defend his role, which is far more than just an advisory function. He does not simply just advise on Presidential Assent to Bills, he holds the actual powers of issuing a Certificate of Assent.
This means that once such a certificate had been issued, the hands of the President becomes tied and he has no choice but to rubber stamp the Bills into becoming law.
Alternatively, he could invoke his dictatorial powers by refusing to rubber stamp the Bill.
To put this scenario into proper context, the Office of the Attorney General has far greater powers than may have been envisaged, and this has inadvertently diminished the role of the President and reduced it to one much closer to a ceremonial function.
If this is the true intent of the Attorney General, then he must be applauded for his actions, as it would help to save taxpayers the vast expense of upkeeping the role of a non-functional President.
Mac Mahase

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Does Guyana have a non-functional President?

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