Latest update April 19th, 2024 12:59 AM
Dec 14, 2014 Letters
Dear Editor,
Reference is made to Freddie Kissoon’s column, “The Nigel Hughes formula: Can it change Guyana?” 12th December, 2014. While I have not read Nigel Hughes’ presentation on the Constitution and shall seek to acquire a copy, from the quoted extracts read in Kissoon’s article, my understating of governance should the Guyana Constitution be applied are hereby stated.
Ours is a society grounded in representative government. This means that government cannot operate independent of the people, their needs and desires. Correspondingly, it means the people shoulder the responsibility to demand a government and elected officials that respect them and respond to their needs and desires.
These needs and desires are expressed through the constitution, its attendant laws and institutions. There is no article in the constitution that stands alone. Articles complement each other. Further, any act of applying interpretation to any article without regard for the underling spirit and intent of this instrument that respects the sovereignty of the people as enshrined in Article 9, undermines this spirit and intent of the designated role of the people in governance.
The legislature, executive and judicature, the three branches of government, though separate, they depend on each other and cannot function without one another. Together they ensure the checks and balances built into governance. For instance, the prorogation of the National Assembly regardless of what explanation President Ramotar gives is a violation because it is a direct act of denying the people their right to speak and their involvement in governance through their elected representatives at the legislative arm of government.
The proroguing was not with the intent to call elections and give the people an opportunity to elect new representatives, but to silence the people and deny their representatives holding the Executive to account. Further, it is a deliberate act to undermine the checks and balances built into governance. This violation to the people’s sovereignty must be fought tooth and nail.
Article 50 which says, “The Supreme organs of democratic power in Guyana shall be (i) The Parliament (ii); the President and; (iii) the Cabinet” has to be examined consistent with the sovereignty of the people. It ought to be noted countries that adopted the Westminster system call their legislature the Parliament, the USA calls theirs the Congress.
And where Article 51 says, “There shall be a Parliament of Guyana, which shall consist of the President and the National Assembly” this is so because of the role the president plays in assenting/non-assenting to bills passed in the Assembly and having his cabinet represents the Executive’s interests in this body of which he has executive authority.
For emphasis let me repeat, the President is the supreme authority of the Executive branch of government, which means the President is head of the Executive. The presidency is not a monarchy, nor does this office exercise supremacy over the people or the constitution. The constitution vests no such power in this office holder. Where Article 99 (1) states, “The executive authority of Guyana shall be vested in the President and, subject to the provisions of this Constitution, may be exercised by him or through officers subordinated to him” such cannot be divorced from the aforementioned.
The power to appoint and terminate ministers as located in Article 183 (3) (b) is consistent with the role of the Head of Government (Head of the Executive) and a universal practice observed in the Caribbean, Canada and UK. Guyana has had heads of government who terminate or reassign ministers whose conduct was not in keeping with our society or the policy of the government. This nation has seen instances during the stewardship of Presidents Forbes Burnham, Desmond Hoyte and Cheddie Jagan. The presidency of Bharrat Jagdeo and Donald Ramotar has been exceptional with their lawlessness and disrespect for the constitution, the views of the people and management of the State’s affairs.
The Cabinet is the president’s team in the fulfilment of his executive duties, and members appointed to the cabinet sit in the National Assembly in furtherance/representation of the Executive’s interest. Be it the President or the Cabinet, their acts and actions have to be consistent with the constitution and respect for the people, regardless.
Article 106 (2) expressly states, “The Cabinet shall aid and advise the President in the general direction and control of the Government of Guyana and shall be collectively responsible therefor to Parliament.” In reference to the Government of Guyana what this article means is the Executive, that is, the President and his ministers are collectively accountable to parliament.
Our constitution does not subscribe to discrimination and while it allows the President to develop policies and programmes such must be consistent with respect for equality and proper management of the State’s resources and its established institutions as outlined. For instance, the President through the Minister of Finance spending money not approved by the National Assembly and refusing to account is contempt for the people and violation of the Constitution he has sworn to uphold and its attendant law which set out the procedure for authorisation and spending.
Article 13 which prescribes the principal objective of the political system of the State to establish an inclusionary democracy where people must be involved in the management and decision-making processes of the State in areas that affect their wellbeing, cannot be read separate and distinct from the establishment of constitutional commissions, the National Assembly, regional system and the local democratic organs, and civil society whose right to existence and participation are all protected.
Constitutional conversations are important in that they allow us to share ideas as we seek understanding of government and governance, how these ought to work and the role of the people in the process. No government functions effectively and efficiently without an educated and vigilant society. We must ask ourselves the question, why our forebears during slavery and indentureship were able to topple systems that oppressed and discriminated against them when there was no law that enshrined sovereignty to them?
Today there is a constitution that expressly vests sovereignty (i.e. dominion, power, authority) in the people (Article 9), yet there is a notion that the President is supreme to the people, has immunity to abuse the people, violate the laws and plunder the nation’s resources. What made our forebears succeed even in the absence of enabling laws and what is responsible for their descendants’ resignation/acceptance of the atrocities committed today when there are laws that protect their right to hold government and elected officials accountable?
Lincoln Lewis
Where is the BETTER MANAGEMENT/RENEGOTIATION OF THE OIL CONTRACTS you promised Jagdeo?
Apr 19, 2024
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