JAGDEO’S THIRD TERM HOPES SQUASHED

Jul 01, 2018 Editorial

In a majority 6-1 ruling, Guyana’s court of last resort, the Caribbean Court of Justice (CCJ), has overturned the decisions of the Guyana Court of Appeal and the High Court that a former president can run for more than two consecutive terms.
Some in the government felt that the ruling by the High Court and the Guyana Court of Appeal is an example of judicial overreach far outside their remit into the inherently political minefield of what is good or bad for democracy in Guyana.
However, the CCJ did not focus on whether imposing a term limit makes Guyana more democratic or less democratic as the High Court did. Instead, the only question the CCJ had to consider is whether the term-limit provision undermines the sovereignty of the people by imposing conditions, set by others, on who could and could not represent them.
The law establishing presidential term limits was passed in Parliament and assented to by former president Bharrat Jagdeo.
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 restricted his rights as a Guyanese citizen to either re-elect 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 or a businessman. His place of employment is unknown. So the question is why Mr. Richardson who according to his neighbours do odd jobs would spend tens of millions of dollars to hire lawyers to plead his case? What would he gain from it?
It was obvious that he was a front for someone. Many, including supporters of the PPP did not believe the claim by the opposition leader that his party was not involved with the 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 themselves through a national referendum.
With the CCJ decision, it is expected that Mr. Jagdeo, who has firm control over the party, will singlehandedly chose the PPP presidential candidate in 2020 as he did with Donald Ramotar in 2011 and 2015 elections. But given the CCJ ruling, he is likely to face enormous pressure from the party’s old guard at Freedom House about his ability to manage the party.
Prior to the CCJ ruling, Mr. Jagdeo was asked if he would seek a third term as president. Instead of answering the question, he identified some of the qualities that a PPP leader should have in order to become the party’s presidential candidate.
He or she 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 poor. The candidate must be capable to solve the problems within the party, mobilize its traditional East Indian support base and attract other races as well as businessmen.
While the CCJ decision has ended Jagdeo’s hopes of seeking a third term, it is expected that he will play an active role in the 2020 elections and in any future PPP/C government.

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