Flouting the Constitution and disrespecting the CCJ

Jun 20, 2019 Letters

---

DEAR EDITOR,

David Granger and APNU+AFC have exposed themselves, they have revealed their cards. Less than an hour after the Caribbean Court of Justice (CCJ) made a ruling against the Government, he and APNU+AFC made clear they will not hold elections, at least not before November and, perhaps, even later.
Like they did soon after December 21st, 2018, when the No-Confidence Motion (NCM) was passed by the Parliament, they are still determined to frustrate the law and the Constitution. In addressing the citizens of Guyana, Granger made clear, CCJ or no CCJ, he will not hold elections until there is a new voters’ list and until GECOM sets the date for elections.
He has clearly outlined his strategy for “dissing” the CCJ, just like he “dissed” the Parliament and the Constitution, post-December 21st, 2018. While insisting he and APNU+AFC will respect the CCJ’s ruling, Granger revealed his intention to faithfully disobey the laws of Guyana.
The CCJ has spoken clearly, no ambiguity, leaving absolutely no room for equivocation. The CCJ reaffirmed that Guyana’s Constitution is supreme, the No-Confidence motion was validly passed on December 21st, and that the David Granger-led APNU+AFC Cabinet was obligated to resign and call elections within 90 days, by March 21st, 2019. The rulings were a stern rebuke to a government that has steadfastly assaulted the Constitution.
Prior to the CCJ hearings and long before the rulings, President Granger and the Leader of the Opposition both led the many stakeholders in unequivocally swearing they will respect and honour the rulings of the CCJ, whatever those decisions were.
Given that every single stakeholder committed unconditionally they would respect and honour the rulings of the CCJ, there is no excuse for the President to have not resigned, no reason for the Cabinet to have not been dissolved. The continued resistance of Granger to not dissolve the Cabinet and to not dissolve the Parliament is a stubborn resistance to the rule of law. Guyana, therefore, returns to the March 21st status, we have an illegal government. Incidentally, the CCJ’s rulings also mean that we have an illegal Chairman of GECOM, since James Patterson is obligated to resign immediately.
In spite of the promise made by David Granger himself, while insisting they respect the rulings of the CCJ, he and his party continue to resist the law and the Constitution, frustrating and impeding the democratic processes in Guyana.
Granger announced immediately he will rely on GECOM to advise him on a date for election, while reminding Guyanese that James Patterson had previously advised him GECOM will not be ready for elections before November.
The Constitution is clear and unambiguous on this matter. The President is obligated to dissolve Parliament and hold elections within 90 days after the NCM. This is not up to GECOM. This is not up to David Granger. The Constitution prescribes to Granger what he MUST do. The Constitution does not allow him to pass the buck and delegate this function to anyone else. The Constitution allows him to get agreement with the Leader of the Opposition for a two-thirds majority vote in Parliament for any extension.
The very least one would have expected of Granger, therefore, is for him to invite the Leader of the Opposition to an urgent, emergency meeting immediately. The CCJ, while ruling that the No-Confidence Motion was valid and that elections should have been held within 90 days, has provided a window for the leaders to dialogue and come up with consequential actions to give effect to the spirit and the law of the Constitution and our democratic processes. The immediate response from David Granger is that he will not adhere to any reasonable timeline for holding elections. He will take his time and complete a new house-to-house registration for an entirely new voters’ list.
In contrast, the Leader of the Opposition has been unequivocal. In spite of the more than three months delay in holding elections already and more time to elapse, he and the PPP are ready to work with Granger and APNU+AFC for a reasonable resolution. The international community has already responded, appealing to all stakeholders to adhere faithfully to the CCJ rulings. Various stakeholders have also come forward to urge proper actions within the law are pursued.
Thankfully, the CCJ has considered the possibility that the APNU+AFC might not act with any sense of urgency. The CCJ realizes the original resort to the judiciary was never based on the interpretation of the law. The questions APNU+AFC raised were always absurd. The CCJ realized the strategy was always intended to buy time.
The CCJ is not unaware that while Granger and APNU+AFC insist they will honour the rulings, they will continue to find ways to buy as much time as possible. This is the reason why the CCJ has set June 24 as a date for consequential orders. Granger and APNU+AFC can run, they have run. But they cannot hide forever. Their time is up.
Dr. Leslie Ramsammy

---

---