Implications of CCJ ruling… Lawyers warn economic decline likely if unstable political environment persists

Aug 07, 2019 News

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Guyana will be in great political and economic jeopardy if the current administration remains in office after September 18 without holding of General and Regional Elections.

This is the opinion proffered by former Speaker of the National Assembly, Ralph Ramkarran. He was addressing members of the business community at the Marriott Hotel Monday evening during a forum by the American Chamber of Commerce.
American Chamber of Commerce (AMCHAM) Guyana hosted the forum to discuss the implication of the Caribbean Court of Justice (CCJ) consequential orders for business in Guyana.
Attorney General and Minister of Legal Affairs, Basil Williams; former Attorney General and Minister of Legal Affairs, Anil Nandlall and Ramkarran, a lawyer and Senior Counsel were among the panelist, who spoke at the event.
In response to questions on the impact the orders will have on the business, Ramkarran told members of the audience that the Government must hold elections by September 18 or extend its time in office by an act of Parliament.
According to Ramkarran, in its current state, the Government’s powers are weakened and will further diminish if it continues to occupy office following September 18—which is the three months deadline since the CCJ orders which declared the no confidence motion validly passed.
The former Speaker and now head of A New and United Guyana (ANUG) — a new political party– spoke specifically to impact which unstable political environment will have on the economy particularly with the coming of oil.
“It is no secret that Guyana is looking to the oil sector for the development of the greater part of our economy… Do you seriously think that a major oil company will seriously engage in business with government that is unstable?”
According to Ramkarran, the concerns raised by members of the business community are not without merit. He predicts that the political and economic situation is subject to become worse if the elections are not held by September 18.
He opined that major oil giant will want to do business in an unstable political environment. “If a company like ExxonMobil holds back then certainly it will have implications for the economy.”
Former Attorney General, Anil Nandlall, who also addressed the forum echoed similar sentiments. Nandlall noted that direct link with adherence to the rule of law and economic and social progress.
According to Nandlall it is no question that the current government has a stark and callous disregard for the law and constitution.
Nandlall told the business community we are now heading into unconstitutionality. “After September 18 … this government will not be able to effectively govern to protect its citizens and by extension the business community.”
The current status has limitations attached. ”The former AG stressed that the impact of the no -confidence motion is already taking a toll on businesses.
He noted that the Private Sector Commission and the Georgetown Chamber of Commerce have already pointed to a notable decline in business following the passage of no confidence motion.
Nandlall said that as it stands the government already has limited powers to act on behalf of citizens
Attorney General Basil Williams told the gathering that the Government cannot move the progress of elections forward.
We are reliant on the directive of the Guyana Elections Commissions. The Government cannot act on its own. Government will be allowed to carry the work and carry out routine functions.
In response to the statement of a decline in business, the AG alluded to the report that Guyana is among the fastest growing economies in the world.
”We cannot have the fastest growing economy and suffer economic downturn at the same time.
About three weeks after the Chief Justice’s ruled that the No-Confidence Motion was properly passed against Government; the Georgetown Chamber of Commerce & Industry (GCCI) had said that its members reported a significant drop in business amid the current political climate.
A few days after the CCJ rulings, the Private Sector Commission (PSC) contended that Guyana has been forced to stand in wait, its economy, investment and the business of the country made to suffer, while a general environment of uncertainty prevails across the country.
Among other things, the PSC said it wished to remind the President that the CCJ in its declaration and orders stated that “upon the passage of the motion of No Confidence in the government” on December 21, 2018 “that clear provisions of Article 106 immediately become engaged”, that is, that “the Cabinet, including the President, shall resign if the government is defeated”.
“It is totally unacceptable, therefore, to the Commission that the President has refused to honour the Constitution in announcing that the Cabinet shall continue to function.”
It is the Private Sector’s view that the President, by his behaviour, has put at risk all private sector entities and other organizations made subject to contracts and any other action authorized by the Cabinet, by presuming them to be legal.

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