Presidential orders give sweeping powers for Govt. to tackle Coronavirus

Mar 19, 2020 News

A gazetted Order by President David Granger has granted sweeping powers to the government, particularly the Ministry of Public Health, to deal with matters related to the coronavirus.Under the direction of the President, the Public Health Ordinance has outlined an approved list of undertakings, empowering the Ministry of Public Health (MoPH) to take strong measures “to prevent and control the spread” of COVID-19 or the novel coronavirus in Guyana.

President David Granger

Among them, the Order gives the President powers to, as he may deem fit, one or more hospitals or camps for the reception, isolation and treatment of any person suffering from the infectious disease.
The Order cites sections of the constitution that provides for a person to be deprived of his or her freedom of movement through the impositions of restriction by law, reasonably required in the interest of public health.
The Order notes that under the definition provided in the Public Health Ordinance Act, COVID -19 constitutes an emergency that threatens national security, which requires a national response.
Moreover, the Public Health Ordinance Act provides that the President may in the case of emergency expend public funds of Guyana—such sums of money as may be necessary for the effectual carrying out of any and all of the provisions which concerns notifiable infectious diseases.
Accordingly, the Public Health Minister with the backing of the ‘Direction by the President’ shall take measures to “restrain, segregate and isolate persons suffering from the disease, or who may be likely, from exposure to the infection, suffer from the disease.
According to the Order, given the directive, the Public Health Minister shall also make decisions to “remove to the hospital and provide curative treatment of persons suffering from the disease”.

Minister of Public Health, Ms. Volda Lawrence

It said too that the Public Health Minister may “remove, disinfect, and destroy the personal effects, goods, buildings and any other article, material or thing exposed to infection from the disease”.
The Health Minister shall make decisions about the speedy burial or cremation of the dead; facilitate house to house visitation and inspection; facilitate the provision of medical aid and accommodation and promote cleanliness, ventilation and disinfection and “prevent the spread of the disease on the seas, rivers, waters of Guyana, and on the high seas within 12 miles from baseline and as well as on land”.
The order signed by the President also makes provision for the Health Minister to take measures to “diagnose, prevent or check the disease, including the prohibition or restriction of movement of persons and public and private conveyances of any kind whatsoever within and to and from an infected area and take any measures considered necessary.”
The Minister may also call upon the police force and other law enforcement agencies to provide assistance with enforcement when necessary.
The document also makes provisions for the Finance, Education and Citizenship Ministers to take “all measures to control and prevent the spread of COVID-19” in Guyana.
Also, provision has been made for the Minister of Education to take all measures to control and prevent the spread of COVID-19 in all educational institutions in Guyana and the Minister of Citizenship has the latitude to take measures to control and prevent the spread of the disease in accordance with the immigration laws.
Clearly stated too is the fact that the Minister of Finance shall expend from the consolidated fund such sums of money as may be necessary for the effectual carrying out of any and all the measures outlined.
It states too that, “all government agencies and local government authorities are urged to render assistance and cooperation to undertake critical, urgent, and appropriate response and measures in a timely manner to curtail and eliminate the COVID-19 threat.”
In addition, it encouraged all citizens, residents, tourists, and members of the private sector to “act in accordance with the law and to comply with any lawful directives and advisories issued by appropriate government agencies to prevent further transmission of the COVID-19 and ensure the safety and well-being of all “
“This Direction shall remain in force and effect until withdrawn by the President,” the document advised.

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