President must give reason for witholding assent; court decides constitutionality

Feb 07, 2014 Letters

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Dear Editor,
Upon reading Guyana’s constitution at the National Assembly’s library, Mr Brynmor Pollard, SC has shared an opinion on the fourth  local
government bill, which President Donald Ramotar declines to sign  into law. Based on what Demerarawaves reported on 2-5-14 the elderly  Senior Counsel “said the President was obliged to assent to Bills passed by the National Assembly and it is only the Court that could decide if
they were unconstitutional.”Based on his age , legal training  and experience is that opinion now  most correct and  conclusively right?
The  prequisite of Presidential assent  by the constitution for a bill…, any bill … to become law does indeed sound very right. The
learned senior counsel also pointed out  that “ even if an approved (National Assembly ) Bill was perceived prior to assent to be in
contravention of a Fundamental Right of the Constitution, only the court could decide on the basis of someone mounting a legal challenge.
“He has no choice. It is not for him to declare law unconstitutional.
It is for the Court to do that,” he said.  Speaking with reporters, Pollard argued that the Attorney General was not the custodian of
Guyana’s Constitution but the Court which must decide on constitutionality.
If all  reported is correct who could disagree with such profound wisdom? Not me for sure as is obvious from the  reverence due and paid
to him. That the court is  not only the assigned constitutional guardian, but interpreter, protector and enforcer as  the highest
living supreme legal authority of the land is beyond question. Should the court be the only  arbriter with all the costs involved or can
other alternatives be resolute? Evidentially the Guyanese public at home and abroad  wants to have their say. President John Kennedy
convened a group of eminent luminaries  during the Cuban Missile crisis to advise and recommend  resolution for peace and dignity for all. He succeeded. This is an internal matter which may , as usual now set judicial precedent for non Guyanese to determine their destiny. With
the USAID Lead project anxious to be of service funding is assured in making Guyana more democratic, stable and harmonious. Both the
executive and legislature can emulate President Kennedy, do likewise to include all those former Guyanese Attorney Generals, and a mix from the Caribbean if needs be.Whether Commonwealth judges will be preferable can only be resolved by the  respective parties to decide.
With two respected Senior Counsels giving such free legal advice, Speaker  Mr Ralph Ramkarran SC was the first at his website
conversationtreegy.com in the SN , both Senior Counsels have now upheld the authority of the Judiciary so stipulated by the  constitution as inviolable.  Lavishing such legal counseling ought to be made constitutional.  In  high hopes of  Guyanese becoming beneficiaries
and may it not  displease them both;  would it now be imprudent to mention what the constitution specifically  details? How  and what the
President must  communicate his reservations to the National Assembly is actually written in the constitution. Should its clarity be so
summarily  dismissed and/or ignored?  In respectful beseeching their eminent contemplative deliberation, is submitted the relevant part of
the constitution, if they be not so inconvenienced, for reconsideration and readjustment.
Article 170 of the Constitution outlines the relevant clauses as follows:
(1)”… the power of Parliament to make laws shall be exercised by Bills passed by the National Assembly and assented to by the President.
(2) When a Bill is presented to the president for assent, he shall signify that he assents or that he withholds assent.
(3) Where the President withholds his assent to a Bill, he shall return it to the Speaker within twenty-one days of the date when it was
presented to him for assent with a message stating the reasons why he has withheld the assent.
(4) A Bill shall not become law unless it has been duly passed and assented to in accordance with this constitution.
In our fledgling democracy does the President have the right to freedom of choice?  Freedom to assent, and to withhold assent from Bills
presented to him is not automatic. In the event he does not assent he has to give a reason, which he did.  Pledged to uphold the constitution
he cannot agree  to undermine  the supreme law of the land  by willful abandon when he makes his decision.  In other word the President, on
receipt of the bill on his desk  must state the reason —not justify it — of Presidential discomfort.  Since no prior President was as
blessed with President Forbes Burnham’s legal  nimbleness,  Guyana’s Attorney General became the automatic  taxpayers imperative as the
principal legal officer, with constitutional  authority to represent all the pros and cons, afterwards which the President then so
communicates his decision to the National Assembly.
The President’s, preference  not to do wrong or be irresponsible, credited  the  unconstitutionality of the bill  as the reason for its
rejection. Variance with his oath to upkeep and uphold the constitution would be premeditative .  Is he wrong? Then let the judiciary  rule “
on the basis of someone mounting a legal challenge” as the learned Mr Pollard, so astutely recommended.  Guilt is not affirmed  by many, loud or chorused  hearsay  when culpability has yet to be adjudicated  by the court, moreso in this case coming under  specific jurisdiction of the supreme law of the land.  If Demerarawaves correctly  quoted the learned  Senior Counsel and the President sent the bill back with
“reason” in according of the constitution , who is to be held responsible of violating the constitution or be fully exonerated by the
court will become obvious “on the basis of someone mounting a legal challenge”.
Any additional enlightenment in a civilized and democratic country coming from those who are still revered and respected for their vast
experiences would do the body politic good.  Please hurry up to avoid the rush.
Sultan Mohamed

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