Guyana heading towards another form of blacklist - Former AG warns

Guyana heading towards another form of blacklist – Former AG warns

Feb 05, 2019 News

By Abena Rockcliffe-Campbell
Former Attorney General Anil Nandlall is warning that Guyana can take a serious hit on the front of international relations, if the Coalition Government holds on to power beyond the period prescribed in the Constitution following the passage of a No-Confidence Motion.
Nandlall said this during an interview with Kaieteur News at his Croal Street Office yesterday. The former Attorney General said that while he believes that the term “constitutional crisis” has been overused, he thinks that Guyana is swiftly heading towards a “real constitutional crisis.”
The lawyer said that this is the reality to be faced, as there has been no signal by the incumbent government to indicate that Guyanese will be heading to the polls in March.
As such, Nandlall said that the Guyana Elections Commission (GECOM) needs to step up to the plate soon. He explained in detail, “GECOM is the body constitutionally charged with the responsibility for the holding of elections in Guyana. Election is a statutory process laid out in several pieces of legislation. The Chief Elections Officer (CEO) is the person appointed by the law at the helm of this statutory machinery. His role and function is not political but technocratic and legal.”
Nandlall said that the GECOM Chairman, Keith Lowenfield, hold the legal responsibility for preparing and readying the electoral machinery for elections. “A failure to do so, is not only an abdication of that responsibility but is also a flagrant breach of statutory duties.”
Nandlall said that unfortunately, the CEO is not being upfront as to whether the machinery is ready.

Former Attorney General, Anil Nandlall

Added to that reality, Nandlall pointed out that the government “has signaled an intention not to resign, and the Court has ruled that Cabinet automatically resigned on the passing of the no-confidence motion. However, they are to legally remain in office within 90 days from December, 21.”
He continued, “But we are faced with a situation where GECOM is not giving any signal that there will be elections within the prescribed time. The President, who has the responsibility to fix a date for elections, is not giving any signal that he is fixing such a date. So at present, we seem to be careening at a rapid pace into a crisis.”
Nandlall said that the first part of the crisis would be the fact that government will be holding office “illegitimately, unconstitutionally, unlawfully and undemocratically.”
He said that no transaction in which the government may engage—after the prescribed period elapsed—can be deemed as legal, and that includes any contract that it enters into in or outside of Guyana.”
Nandlall said that in short, the nation state of Guyana will float on “perilous waters.”
He said further to that, no international financial agency will want to deal with Guyana.
“No country will want to trade with Guyana; diplomatic missions may withdraw their presence from Guyana and international organizations of which we are part may no longer consider us a valid member or partner.
Nandlall said that organizations such as Caricom, OAS and Commonwealth may become distant.
He questioned, “Then you have our position with Venezuela. If the government becomes illegal, how does that affect our case at the World Court?”
Nandlall continued, “We are heading into an area that will jeopardize Guyana and all of our people in a number of foreseen and unforeseen circumstances.”
He said that that is why there should be no room now for (Chief Elections Officer) Lowenfield to shirk his responsibility to announce GECOM’s readiness, “a lot is at stake.”

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