Harmon questions constitutional role of Gail Teixeira

Oct 03, 2020 News

Kaieteur News – The constitutional role of Guyana’s Parliamentary and Governance Affairs Minister, was called into question yesterday after Opposition leader, Joseph Harmon laid claims that she was usurping the functions and duties of the public office of Secretary to the Cabinet.

Opposition leader, Joseph Harmon

At his weekly press update, Harmon stated that the governing People’s Progressive Party Civic (PPP/C) “unabatedly” continues to breach Guyana’s Constitution, citing Article 117 as a prime example.
Article 117 provides for the public office of Secretary to the Cabinet. The Opposition leader explained that the duties and functions of this office are inclusive of “…arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority.”
However, since the PPP/C assumed office on August 2, he said, Minister Teixeira continues to arrogate the functions of that constitutional office. Providing his justification, Harmon explained that Teixeira by September 11 notification in the Official Gazette is listed as the Minister of Parliamentary Affairs and Governance.

Parliamentary and Governance Affairs Minister, Gail Teixeira

Delving further, Harmon said “Article 232 of the Constitution provides that “public office” means an office of emolument in the public service and further, Article 232 (5) of the Constitution expressly excludes the service as a Minister as service in the public service.”
Harmon’s contention is that the act of Minister Teixeira signing documents which convey the decisions of Cabinet are “unconstitutional and are ultra vires and of no effect.”
Many of those Cabinet documents relate to the recent appointments of State Boards but Harmon pointed to the appointment of the National Procurement and Tender Administration Board (NPTAB) and the Go-Invest Board.
“We advise that all such decisions affected by this unconstitutionality be reversed,” he said.