Latest update January 11th, 2025 4:10 AM
Feb 16, 2019 Letters
In her ruling on the Government’s contention of Charrandass Persaud’s dual citizenship as a reason for nullifying his vote in the No-Confidence Motion (NCM), the CJ cited Article 155 (1), “No person shall be qualified for election as a member of the National Assembly who is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state.”
The CJ said that disqualification from the National Assembly does not stop at Charrandass, but is extended to all the other members of parliament with dual citizenship. The CJ ruled that the NCM remains valid on account of article 165 (2) which says in part, “the presence or participation of any person not entitled to be present or to participate in the proceedings of the Assembly, shall not invalidate those proceedings”.
Language cannot be simpler than the above! The planned, continued contentious appeal announced by the President, all the way to the CCJ, is an unjust, blatant and ludicrous display of double standard. In essence, he is saying that it is okay for an MP with dual citizenship to vote on behalf of the Government but one voting against the Government, that vote should not be counted – even though the CJ adjudicated that cabinet is considered resigned by virtue of the NCM.
One would have expected the President, in his pursuit of the Charrandass dual citizenship appeal and his reluctance to call for elections in the specified timeframe, would have shown some charisma by publicly culling his dual citizenship ministers from his constitutionally deceased cabinet by calling for their resignation. That may have inspired some degree of solidarity amongst the appellate judges and would have worked more wonders on the electorate than the proverbial bags of goodies that his ministers seem to be walking around with. It would have shown some intent by the president to adhere to the constitution.
The President’s lack of ability to manipulate situations to inspire commitment and reasoning amongst the masses, leaves the perception of him as a drab, autocratic leader. How does one rate this response – “I did it”, when the Government was caught hiding 18 million US dollars as a signing bonus from the people and so far has refused to put same in the consolidated fund where it legally belongs?
Given the above, one wonders what some of our popular columnists see in his penchant to act contrary to the constitution and allude it to his personal integrity. Integrity, by definition, should be made of sterner stuff!
Back to dual citizenship and Article 155. I can understand the disgust of the home-born members of the National Assembly caught with dual citizenship when it is perceived that a member born in a foreign land and now having Guyanese citizenship seems to be escaping the hook because of the wording of Article 155.
A part of 155 (1) states, “who is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state.” This part is being grossly misunderstood. The framers of the constitution were no fools. One can only by virtue of his or her own act make an acknowledgement of allegiance. Obedience and adherence to homeland is your expected duty by birth. As a baby, no one expects you to sign anything! The British expect obedience and adherence from an individual by virtue of his/her birth on their soil. No such individual must escape the dual citizenship hook.
Rudolph Singh
Jan 11, 2025
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