Beware of the ‘wild-men’

Mar 17, 2019 APNU Column, Features / Columnists

---

In the coming days, Guyanese can expect to hear a lot of ‘wild-talk’ from the usual ‘wild-men’ as they try to stoke fear and anxiety for their own political benefit. However, facts and the law are stubborn things that cannot be brushed under the proverbial rug for political expediency. For example, the Peoples Progressive Party –PPP – narrative that the government is using the judiciary as a delaying tactic, so as to stay in office is ludicrous. We must not forget how we got here.
After the December 21 vote in the National Assembly, it was the Speaker of the National Assembly, Honourable Dr. Barton Scotland, who said that after the vote, he had received information, supported by case law and practice emanating from other jurisdictions which raised doubt as to whether the No-confidence Motion was carried and properly so, by the margin of vote.
Further, there was the issue of the conduct of Member, Charrandass Persaud, whether or not he was qualified as a citizen of a foreign country, to be a member of the National Assembly. Noting that certain and finite answers to these questions were necessary, the Speaker said; “Full, final and complete settlement of these issues by a court of competent jurisdiction will place beyond doubt any questions, which may exist and serve to give guidance to the Speaker and the National Assembly for the future.”
Thus, the matter was taken from the legislature to another co-equal branch of government the Judiciary, to be interpreted, adjudicated and settled. The High Court has already given a decision on this matter and an appeal of that decision is now engaging the attention of the Guyana Court of Appeal.
However, disregarding the fact that this matter has not been settled legally, the PPP still rants and raves that the No Confidence Motion was properly carried, knowing that until the final appellate process is exhausted, and a determination cannot be established.
Secondly, there is the legislature. The provisions of the Constitution of the Cooperative Republic of Guyana makes allowance for discussion between the government and the opposition to find the most favourable manner in which effect can be given to Article 106(7), which states “notwithstanding its defeat, the Government shall remain in office and they shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”
The government and the opposition have met on two occasions. Since that time, the Opposition Leader has said that the PPP will not return to the National Assembly and therefore there will be no resolution as mandated by Article 106(7). It is for the PPP not the government to say why this legislative provision was aborted.
In the coming days you will hear the call by Jagdeo and the PPP, for the President to name a date for the holding of General and Regional elections. The ‘wild-men’ are aware that elections are supervised by an independent Constitutional agency –GECOM. Article 62 of the Constitution of Guyana states that, “Elections shall be independently supervised by the Election [s] Commission in accordance with the provisions of Article 162.”
The Constitution of Guyana states unequivocally that GECOM is an independent, autonomous body responsible for the hosting of free, fair and credible elections. President Granger cannot interfere in GECOM’s work. He has to be advised by the Commission of its readiness to host elections.
The President has repeatedly over the past few weeks said that he is committed to holding credible elections in the shortest possible time, this year.
The ‘wild-men’ are aware that the President has to be advised by GECOM on the Commission’s readiness to hold elections. It is only when the President is armed with that information that he can name a date. The PPP and Jagdeo know this, but the truth is not convenient at this time.
What is clear is that the PPP, through their nominated Commissioners, is purposely creating a situation where GECOM will be unable to do its work. On Thursday February 28, 2019, the Commission met but could not do its work because the PPP Commissioners walked out. On Tuesday March 5, the Commission met but could not do its work because the PPP Commissioners walked out. On Tuesday March 12, the Commission met for a third time but could not do its work because the PPP Commissioners walked out.
This is a clear orchestrated pattern of rendering GECOM impotent. Placed side by side with the PPP refusal to go back to the National Assembly, one can see that the intended effect is nothing more than political mischief. There is no provision in the Constitution of Guyana which requires the President to resign or demit office following the passage of a no confidence motion.
Chief Justice (Ag) Roxane George, on January 31, 2019, in the case of Attorney General v the Speaker of the National Assembly and the Leader of the Opposition declared that while the no confidence motion against the Government prompts the resignation of the Cabinet and the hosting of elections, it does not dissolve the Parliament, which comprises the National Assembly and the President.
The ‘wild-men’ will mischievously and maliciously proclaim that the President must resign and that after March 21 there will be no government; they are advised to listen to their attorney.
Attorney for Bharrat Jagdeo, Mr. Anil Nandlall submitted to the Court of Appeal that there must be government. Referring to Article 106 (6) and Article 106 (7), Nandlall submitted that while the first article provides for the resignation of Cabinet including the President, the Government remains intact until a new president is sworn in. As such, he put to the Appellate Court that the President remains the President, and the Ministers remain Ministers of Government.
In the coming days the ‘wild-men’ will attempt to bombard the populace with misinformation with a clear intention of causing anxiety and public hysteria. This is all part of a well-coordinated plan to destabilize the government. However, whatever happens, the President and the government will stay in place, for without a government there will be anarchy; that is why, to quote Mr. Nandlall:
“The framers of our Constitution were so careful that they ensured that the President…remains in Office so there wouldn’t be a vacuum in the constitutional order of the executive, and only when the other president takes the oath of office, that the President and the government shall resign, so that there is a fluid transition from one executive government to another,”

---

---