Is there a constitutional crisis?

Sep 04, 2013 Features / Columnists, Freddie Kissoon

Mr. Clement Rohee is quoted in the press as saying that the opposition should seek redress in the court for Bills that have not been assented to. This is unheard of in contemporary global politics. In going to court the legislature can be interpreted as surrendering its power to make laws. It is in very few circumstances, the judiciary can stop the implementation of a law. And it always occur if it violates the constitution
The Republican Party took Obama’s health care legislation to the Supreme Court. The arguments were constitutional ones. The health care Bill was upheld. If all the legislation passed so far are in violation of the Constitution then surely the opposition is wasting precious time and money that Guyana cannot afford.
This is a scenario that is hard to accept. Surely, the opposition has lawyers who must have learnt the Guyana Constitution by heart by now. It is hard to accept that each time they pass a Bill or motion, the Constitution is ignored.
It does not take the qualifications of a lawyer to understand if a Bill is in conflict with the Constitution. For example the Benefits Bill can easily be read by any educated person and the only conclusion can be that no Constitution will allow for presidential benefits to be open-ended, meaning there are no limits to how much resources he can access in the spheres of research assistants, medical bills, insurance etc.
If the Government refuses to offer presidential assent to Bills passed by the National Assembly, then there is a constitutional crisis and constitutional crises are political processes that are caused by political complexities and are always handled throughout the world by mediation from international experts. The history of the modern Third World is replete with examples.
If there is a constitutional crisis in Guyana, one would expect APNU and AFC to sit down and strategize. One of the reasons for pessimism among the voters who gave the combined opposition a legislative majority is that there seems to be no harmony between APNU and AFC. People ask this columnist all the time if the two parties exchange strategy papers.
I honestly cannot answer that question because I never asked the friends I have in both organizations. But I believe there have been no sustained dialogues between APNU and the AFC since the 2011 elections. Both parties should know that this sends wrong signals to their supporters. From the time the Government invited the combined opposition to what was known as tripartite talks, the AFC and APNU should have established a formal channel for statutory meetings among themselves.
Really, it is unacceptable that APNU and AFC leaders can accuse the party in power of not establishing avenues of dialogue with them when the two opposition parties have no enduring conversation among themselves. The two entities are different in styles, political strategies and even personnel.
But their overall goal is to help bring about changes for the better of the Guyanese people therefore it is only natural that there be a constant exchange of ideas. They must agree to disagree but they must always be in discussion because both parties have declared that Guyana has no future without good governance.
This column is suggesting that both APNU and AFC learn from the rich lessons of Guyanese history when the PNC was in power. The PPP and WPA were constantly engaging international figures and foreign governments to mediate the conflict back then. The obvious reaction from sections of both parties will be why involve foreigners, why Guyanese cannot settle their own problems.
There are many good answers to that question and the first one that comes to mind is; engage the people on what they think. Go to your supporters and ground with them on seeking outside help for the constitutional and political crises that Guyana is now in. Ask them if their leaders should return to Jimmy Carter, to former CARICOM Prime Ministers, to leading international personalities like Jesse Jackson.
If they say yes, then do it.
Others answers are equally plausible. There is the infamous saying that while Rome was burning, Nero was playing with his musical instrument. Young people and even those in their thirties and forties are not going to wait forever for a political solution to come from their Guyanese adversaries.
They will leave and they are leaving. Perhaps the most powerful example is that the PPP acquired power, because the opposition at that time got Jimmy Carter to come to Guyana. The rest is now history.

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