The government is in breach of the Constitution

Jul 13, 2024 Features / Columnists, Peeping Tom

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Kaieteur News – The Constitution serves as the supreme law of the land. It outlines the fundamental principles and established precedents according to which a state is governed. Any deviation from its stipulations is not only a legal infraction but also an affront to the democratic ideals it embodies.

In this context, it is shocking that someone who has served as President of Guyana for 12 years is not aware that it is mandatory under the laws of Guyana for there to be a Secretary to the Cabinet. The failure of the PPP/C government therefore to not appoint or have appointed a Secretary to the Cabinet represents a violation of the Constitution of Guyana.

Article 117 of the Constitution states as follows: “(1) There shall be a Secretary to the Cabinet whose office shall be a public office. (2) The Secretary to the Cabinet, who shall have charge of the Cabinet office, shall be responsible in accordance with such instructions as may be given him or her or her by the President, for 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 and shall have such other functions as the President may direct.

The language of the Constitution is clear. It says there “shall be” not “may be” a Secretary to the Cabinet.

Since the People’s Progressive Party/Civic (PPP/C) assumed office in 2020, this position has remained vacant. The implications of this oversight are far-reaching. This failure also raises serious questions about the commitment of the current administration to upholding the Constitution.

When he was asked on Thursday last about the government’s non-appointment of both the Secretary to the Cabinet and of the Head of the Presidential Secretariat, Vice President Jagdeo gave a most strange answer. He said that it is the President who has to decide on the structure of the Office of the President and that there is nothing ‘magical’ about having those posts. That latter reference to nothing magical sounded much like if the Vice President was having a Biden moment.

The Vice President’s answer to the reporter’s question implied that both positions were subject to the discretion of the President. He is wrong of course. The post of the Head of the Presidential Secretariat may be discretionary but the post of Cabinet Secretary is not. It is not up to the President to decide whether there should be a Secretary to the Cabinet; this is a mandatory and the position is a public office.

The Constitution does not grant the President the discretion to forgo the appointment of a Secretary to the Cabinet. This position is not optional; it is a mandatory public office.

The Vice President should recall his tenure as President during which time there was a Secretary to the Cabinet. During that time also the then Secretary to the Cabinet held regular, almost weekly, post-Cabinet press briefings. This too highlights the importance of the role. These briefings were a key aspect of informing the public about the decisions and deliberations of the government. The current administration’s failure to appoint a Secretary to the Cabinet not only violates the Constitution but also deprives the public of essential insights into the workings of their government.

This situation cannot be allowed to persist. The Constitution of Guyana is clear, and the government must act in accordance with its provisions. The rule of law is the foundation of any democracy, and adherence to the Constitution is non-negotiable. The President must explain this oversight and take immediate steps to rectify it by appointing a Secretary to the Cabinet.

It is understood that concerned citizens are considering legal action to compel the government to fulfill this constitutional requirement. Such a move, though necessary, should not be required in a functioning democracy. The government should not have to be forced by the courts to adhere to the Constitution; it should do so willingly and promptly.

The PPP/C administration has a duty to the people of Guyana to govern in accordance with the law. The failure to appoint a Secretary to the Cabinet is a breach of this duty and must be addressed immediately.

The President must provide a clear and honest explanation for the failure to appoint a Secretary to the Cabinet. The eyes of the nation are on the President and his administration. It is time to act decisively and restore the integrity of the government by appointing a Secretary to the Cabinet.

(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)

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• Cabinet, Government, Guyana, mandatory, stipulations

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