Constitution should not allow for governments to be easily ousted

Constitution should not allow for governments to be easily ousted – Nagamootoo

Jan 05, 2019 News

It is absolutely ridiculous for the law to be set out in such a manner that allows the government to be easily ousted by the opposition, according to Prime Minister, Moses Nagamootoo.
In a National Communications Network interview, yesterday, Nagamootoo sought to give further context to his government’s contention with the no-confidence motion and the validity of Charrandass Persaud’s vote on December 21 last.
He referred to the 2015 instance when the combined opposition sought to bring a vote of no-confidence against the then Ramotar-led PPP/C government. A Partnership for National Unity (APNU) had had 26 seats in the National Assembly, while the Alliance for Change (AFC) had 7 seats, giving them a combined 33 seats, as opposed to the 32 seats of the People’s Progressive Party Civic (PPP/C).
President Ramotar had prorogued and, consequently, dissolved the government to prevent that vote from being brought against his government. Notably, in this instance, Nagamootoo had been instrumental in bringing about this motion, intending to use 33 votes to bring down that government.
Nagamootoo also referred to the Motion that was carried on December 21, 2018, with a similar match-up of 33-32 votes.
He said that the Speaker considered some doubt over whether 33 votes were enough for the No-Confidence Motion to be carried and that the Speaker needed the court to give him advice on whether to reverse the motion.
In actuality, the Speaker said that his consideration of the arguments against the motion were not compelling enough to cause him to reverse the vote, and suggested the court as a suitable avenue to settle the government’s contentions.
Nagamootoo said that, if a party controls government with 33 seats, then the opposition of 32 seats could “buy, induce or encourage someone by one form or the other to vote out the government.”
He lamented the cost on the country’s finances to pay for an election so soon: “You just spent $6B to run an election and you have a vote of No-Confidence, and the government has to resign. That is what is being said. So you now have to prepare for another election.”
“All Guyana will be doing if you have a one-seat majority 33-32 in the House, is to hold elections every other day, or every 3 months. This is absolutely ridiculous. No nation can tolerate a situation where you have instability, where you have uncertainty.”

Prime Minister Moses Nagamootoo

“You have to have an election every 3 months because these figures keep changing sides?”
He stressed that the Constitution must be clear and unambiguous. It “has to tell us how this country should be governed and it cannot create a situation that is absurd and downright stupid.”
He talked about how there must be a “simple language constitution,” as was iterated by former Attorney General, Keith Massiah.
“Language must be so clear that even a child can read what it means in the Constitution. You shouldn’t have any room for two interpretations of the same provision of the Constitution. We don’t have the word ‘absolute’ in the Constitution, absolute majority, but we have provision in 168 that says “Save as otherwise provided by this Constitution, all questions proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting.”
In this regard, Nagamootoo said that “otherwise” refers to Article 106(6) of the Constitution, which governs the No-Confidence Motion.
He said that some people are arguing that if the constitution [in Article 106(6) meant absolute majority, it should have had ‘absolute’. However, he said “you could have an absolute majority of all those who are present and voting,” and he believes that the language should be clearer.
Notably, it is Nagamootoo who is responsible for Constitutional reform, and has been since the APNU+AFC government assumed office. There were provisions in each of the budgets approved by this administration for such reforms to be made. However, such reform is yet to be effected.

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