Latest update December 16th, 2024 9:00 AM
Jul 14, 2019 The Story within the Story
By Leonard Gildarie
I am fan of the political drama, ‘Designated Survivor’. I watch it on Netflix. In Season 3, Kiefer Sutherland’s character, President Tom Kirkman, is faced with a crisis weeks before elections. There is a bio-terror threat and his administration dared not tell the populace. Instead, a decision was taken to call in the Opposition and brief them.
The Opposition promptly went public. A picture was painted of a cover-up by the administration and an inept government. I smiled. Such is the nature of politics.
On Friday, the Caribbean Court of Justice delivered, under pressure, its orders in what can be considered its most important cases in its short history.
The world was watching. The decisions, the orders, the wordings had to be on point.
For us to understand the situation, the context, we have to go back to early 2015. An important announcement was made. Oil had been discovered. In subsequent wells, in fact more than a dozen of them, ExxonMobil confirmed what Guyana knows now…a world-class find of sweet crude.
There are strong possibilities of oil in the offshore blocks adjoining that lucrative Stabroek area. There is drilling taking place there now.
In 2015, also, the Coalition Government rode to a one-seat victory in the early general elections. They promised to drastically reduce corruption. In the ensuing months, there were changes, including naming of members of a Public Procurement Commission, and a Chief Justice (ag) and Chancellor (ag). Several laws were passed.
Fast-forward to December 2018, a no-confidence motion was tabled. For Guyana, it was business as usual. It was going nowhere. It is how things work in Guyana.
On the evening of December 21st, a few days before Christmas, a bombshell was dropped. A Government parliamentarian, Charrandass Persaud, joined with the Opposition in saying yes to the motion. The motion was deemed carried.
Since December, this country has been riveted on the subsequent court cases and numerous statements emanating.
I daresay it had investors nervous, with the foreign envoys warning about an early resolution, as investments were being hampered. It diverted attention from the developments in the oil and gas sector which has been steaming forward.
The case went first to the High Court, then the Court of Appeal before it was taken to the CCJ.
On Friday, the CCJ delivered its final orders.
In essence, the court told Guyana that “the President and the Leader of the Opposition should, as soon as possible, embark upon and conclude the process of appointing a new GECOM Chairman.”
I am repeating what was issued by the court, so that there is no misunderstanding.
Regarding the consolidated matters concerning the no-confidence motion, the CCJ noted that there is clear guidance in Article 106 of Guyana’s Constitution on what should happen next. The Court said that “upon the passage of a vote of no confidence, the Article requires the resignation of the Cabinet including the President.
The Article goes on to state, among other things, that notwithstanding its defeat, the Government shall remain in office and that an election shall be held “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”.
The Court reminded, however, that it had rendered its decision on 18 June 2019. As to the precise orders it should make, the CCJ cautioned, however, that it is, “not the role of the Court to establish a date on, or by which, the elections must be held”.
Article 106 is clear and it should be followed. The CCJ did express the view that it is expected that the Government will continue as a caretaker for the affairs of the country, but that in light of its caretaker role, it should be restrained in the use of its legal authority.
It was also the court’s view that a Chairman for GECOM should be embarked upon with “the utmost urgency”.
On Friday, President David Granger said he is prepared to hold early elections. However, there must be a new Voters’ List to be prepared from house-to-house registration.
The Head of State was also critical of what he says is bad faith from the Opposition on the selection of a new GECOM chairman. The Opposition, on the other hand, is insisting that elections have to be held in three months, by September. They said that in keeping with the Constitution and the court rulings, Government merely has to perform a caretaker role in those three months until elections.
There are other sidebars which will only lend to more confusion.
With regards to the CCJ orders/opinions, it is very clear. The CCJ was not willing to issue a date for elections, as that would have been overreaching. Rather, the CCJ pointed out that the Constitution is very clear…elections in three months, as the vote was valid and the government stands resigned.
This brings us to the big issues that will play out in the coming days and weeks.
The Government is insisting that the Voters’ List is filled with thousands of names that should not be there. There are dead persons and young citizens who were never registered. Thousands would be disenfranchised, it was argued.
It was also pointed out that thousands of voters live overseas.
On the other hand, the Opposition is convinced that a simple claims and objections period is required.
President Granger has said he will only call elections based on advice on GECOM.
There is no chairman, so he can’t be advised.
So where does that leave Guyana? Well, GECOM has said house-to-house will take months and a new Voters’ List will only be ready by December.
While we are squabbling here, something else is happening. Yes, I am speaking about oil and gas. We are the owners of those oilfields. Yet, the people of Guyana do not know who is getting what contracts. The people of Guyana have no say in what price is being paid. We know properties are being snapped up like crazy on the coastlands.
There must be an early resolution to the stalemate between the Coalition Government and the Opposition. We need our representatives to be paying attention to oil and gas.
Someone, or both sides, has to blink first and put Guyana first.
Before I end this, I was reading up on Qatar, an Arab nation with 15 billion barrels of oil. It has 300,000 citizens with 2.3M expatriates. You heard it right. It has the world’s lowest taxes and is one of the richest countries in the world.
Should there be reasons why we are not paying attention?
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