Latest update February 6th, 2025 7:27 AM
The CCJ’s decisions are above board
Dear Editor,
The decisions of the CCJ on the matters of the no confidence motion and the unilateral appointment of the GECOM chairman is on par with the perception of all Guyanese who can raise their hands and say that they are not biased. The CCJ not only declared that the NCM was validly passed and that the unilateral appointment by President Granger of the GECOM Chairman was flawed and unconstitutional, but also invited the two sides (government and opposition) to “present further submissions on June 24, on how the issue (appointment of the GECOM chair) could be rectified.” It was a decision that resonated with popular opinion. The general public had watched in awe as the gains that had been achieved in our democratic processes had been threatened by the Coalition Government in no meagre way and was somewhat supported by our local legal system that was tasked to adjudicate on these two matters. The CCJ decisions are above board in both ways since they are well substantiated by the written language of the constitution and the intent of the framers of the constitution were logically contemplated in their decision. Take for instance: the government had contested that the constitution did not allow for a motion of no confidence but rather only for a vote of confidence. The CCJ pointed to article 106 (6) which states, “The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all elected members of the National Assembly on a vote of confidence.” The logical conclusion here is that the eventuality of 106(6) had to be contemplated from a vote of NCM by the framers of the constitution. Ironically, it was the same APNU, the largest party in the Coalition Government, while in opposition, that was instrumental in the call for an NCM to oust the PPP government back in 2014. How quickly perception in people change in politics!
In like manner, the CCJ dismissed all the frivolous contentions of the government on the NCM, including the ridiculous formula of half round up plus one in their attempt to concoct that 34 votes were needed to pass the NCM. On this, the CCJ had the least of explanation since any 10 year old can determine that 33 is greater than 32 on a number line consisting of 65. The CCJ did not forget to remind us of the ludicrousness of the government and those who dealt with this contention before the CCJ by mentioning that, “one does not have to study law to appreciate that the word majority means the greater of two parts.” Shame! The CCJ hit the final nail on this contention by asserting – “On the 21st December, 2018 we would venture to suggest that every member of the Assembly knew this. The Clerk certainly knew it. And so too, did the Speaker, who announced that, the motion had been passed.” That is the truth revealed!
The dual citizenship contention was dismissed as a non-issue. Nevertheless, the CCJ reminded that, “Purely as a matter of interest, Mr. Persaud’s position was not singular.” The government and its supporters, in their biasness and their “drowning man clutches at any straw” mentality to hang on to power, never considered that more dual citizens MP’s voted on the NCM. To negate Charrandass’ vote alone, would have been obscene and provocative.
These two decisions by the CCJ will be heralded by future generations as the saving grace of our fledgling democracy. After 53 years of independence, we have indeed been through turbulent times, induced by the ruling political class. Never has the foundation of our democracy (the constitution) been so tampered, so selfishly construed and so vagrantly violated to appease the whims and fancies of a group of political parties in government. Public discourse or opinion meant nothing to these transgressors. Notwithstanding it was the very public who had supplied them with the power through the democratic process, at the heart of which is the constitution that they were out to treat with total disdain. The decisions of the CCJ on the NCM and the unilateral appointment of the GECOM Chair were greeted by the general public as a fresh breath of air. Once again, there seems to be some wind in the sails of our fledgling democracy. Hats off to the CCJ, they are the real deal.
Rudolph Singh
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