Latest update April 17th, 2024 12:59 AM
Sep 22, 2018 Letters
Dear Editor,
The Burnham 1980 Constitution is an illegal document, written by the late Dr. Mohamed Shahabuddeen under the direct supervision and instruction of the late dictator Mr. Forbes Burnham, and invoked its powers of origins by an unlawful act.
Under this illegal constitution, one of the previous presidents of Guyana, Mr. Bharrat Jagdeo, pleads presidential immunity from being questioned in regards to the Pradoville land distribution.
This highly despicable presidential immunity clause is not only unlawful but prevents any president, current or past, from being questioned and legally liable for his or her actions during or after their term in office.
Such an outrageous provision in the Guyana written Constitution represents a significant departure from within the realm of the Rule of Law in civilized nations where everyone is within the law including the Queen of the United Kingdom and all the powerful presidents and heads of states in the Free World.
Conceptually, it mitigates and flies in the face of all the legal developments, constitutional, civil and criminal since the advent of the Magna Carta in 1215 AD.
If Mr. Bharrat Jagdeo has done nothing wrong in the Pradoville Land Distribution, then why invoke this illegal provision within this illegal constitution?
I fully support this act of inquiry by the Government of Guyana, specifically the People’s National Congress in holding the officials of the People’s Progressive Party accountable for their actions while in Government.
This is in keeping with a strict requirement of the Rule of Law even though the People’s National Congress is guilty of serious transgressions of the law, which includes the commission of treasonable crimes such as assassinations, rigging of national elections, squandering, stealing and non – accountability of public funds, etc.
The People’s Progressive Party by invoking this outrageous provision and in concert with the fact regarding their refusal to hold the People’s National Congress accountable for much more serious crimes is a confirmation that the People’s Progressive Party is not fit to hold public office.
As this refusal to hold the People’s National Congress accountable for their numerous crimes constitutes a violation within the strict meaning and application of the Rule of Law.
Rule of Law Defined
The ‘rule of law’ … refers to a principle of governance in which all persons, institutions and entities, public and private … are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.
The rule of law vouches safe to the citizens and residents of the country a stable, predictable and ordered society in which to conduct their affairs. It provides a shield for individuals from arbitrary state action.
The despicable presidential immunity clause:
/Article 182 (1) of the Constitution of Guyana states, “…the holder of the office of President shall not be personally answerable to any court for the performance of the functions of his office or for any act done in the performance of those functions and no proceedings, whether criminal or civil, shall be instituted against him in his personal capacity in respect thereof either during his term of office or thereafter.”/
Kris Kooblall.
Toronto, Canada.
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