THE CASE OF PRESIDENTIAL TERM LIMITS

Apr 11, 2018 Editorial, Features / Columnists

The case of overturning presidential term limits in Guyana is now in the hands of the Jurists at the Caribbean Court of Justice (CCJ). The law establishing presidential term limits was passed in Parliament and signed by former president Jagdeo almost two decades ago.
While both sides for and against presidential term limits have eloquently presented their case, only one side can win.
The case was brought by private citizen, Cedric Richardson who claims that the 1980 constitution which was amended in 2000 unconstitutionally imposes a two-term limit that has restricted his rights as a Guyanese citizen to either re-elect Bharrat Jagdeo or whomever he wishes to elect as president of Guyana.
As reported, Richardson who lives in a small house in South Georgetown is not a professional nor a businessman. In fact, his place of employment is unknown. So why would Richardson who according to his neighbours do odd jobs spend tens of millions of dollars to hire lawyers in Guyana and in the Caribbean to plead his case? What would he gain from it?
It is obvious that Richardson is acting as a front for the PPP. However, the opposition leader claims that his party has nothing to do with the case. Not even his supporters would believe that the PPP has nothing to do with this case.
The case was first heard in Guyana by the High Court in which the Chief Justice ruled in favour of Richardson. It was appealed by the government to the Guyana Court of Appeal, which upheld the decision of the Chief Justice. Both courts overrode the section of the Constitution that states that in deciding term limits, the people shall exercise this sovereignty through their representatives.
They ruled that presidential term limits should not be determined by the people’s representatives but by the people themselves through a national referendum. Either the constitution is vague or the courts have misinterpreted it, which means that constitution reform is urgently needed to clear up this stalemate.
No one can predict the ruling of the Jurists at CCJ. If the ICJ rules in favour of term limits, Jagdeo, who has firm control over the party, will decide who will be the PPP presidential candidate in 2020 in the same way he hand-picked Ramotar to be the Presidential candidate in 2011 and again in 2015.
When asked if he would seek a third term as president if the CCJ ruled against term limits, he did not answer. Instead, he identified some of the qualities, which the leaders of the PPP should have in order to become the party’s presidential candidate.
Lest we forget, it was Mr. Jagdeo who signed the constitutional amendment into law that provides for term limits for presidents, so for him to mount a challenge to a third term is deceitful. However, he is facing enormous pressure from the party’s old guard at Freedom House.
They were convinced that the two-term limit was the way to go. Now that there is this challenge, some are questioning Jagdeo’s sincerity.
According to Jagdeo, a PPP presidential candidate must be a competent and visionary leader, with the ability to unite the party, bring people together and improve the economy and the lives of the people. The truth is Jagdeo has and continued to manipulate the members of the PPP in order for them to do his bidding and has often used the carrot and stick terminology to get what he wants.
The ruling is due at any time and whichever way the decision goes, one would always be left with the idea that the constitution, the supreme law of the land, could be challenged. After all the two-term decision is rooted in the constitution.

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THE CASE OF PRESIDENTIAL TERM LIMITS

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