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Jan 04, 2019 News
The APNU+AFC Government’s reluctance to call General and Regional Elections within the three-month period as prescribed by the Constitution of Guyana will send a bad signal to foreign and domestic investors. Therefore, the judiciary should not allow itself to be used as a tool to delay the setting of a date.
So says Attorney-at-law and former People’s Progressive Party/Civic (PPP/C) parliamentarian, Charles Ramson Junior.
Ramson said that Guyana desperately needs foreign investment, especially in the new oil and gas sector. He said that all investors being sought need stability as a precondition for their investments.
Ramson said that the uncertainty surrounding the holding of elections does not support stability. He said too that this can cause Guyana’s risk profile to increase, which in turn increases the baseline entry percentage as a return on investment.
Ramson said if the government is – as it has indicated – determined to go to the court on the issue of the No-Confidence Motion, the court, cognizant of the provisions in the Constitution, which prescribes a timeframe of three months for an election to be held, can, and ought to expedite the determination all the way to the CCJ, if necessary, well in advance of that timeframe.
Ramson said that the case, once filed, will test the responsibility, independence and wisdom of the office holders of the judiciary.
Further, the lawyer said that the actions of Venezuela on 22nd December, 2018, evince more than ever, the necessity for long term wisdom of office holders to perform functions in the best interest of Guyana and not political expediency.
“The issue to be determined is quite simple; that is, what is the meaning of a majority (not absolute majority) within the context of a no confidence motion? All the other floated issues of bribery and citizenship are red herrings intended to distract and muddy the water. In fact, Article 165(2) deals definitively with the issue of citizenship, which says that even if Mr. Charrandass Persaud was not entitled to be an MP at the time he cast his vote as an MP in Parliament, it does not invalidate any of the proceedings of the Parliament.
“Furthermore, going down that line of argument necessarily opens a can of worms – like who else sits in the National Assembly with dual citizenship, along with the other issue of the negligence of the political party to not verify if the person had dual citizenship. Since the issue is simple and the arguments will be the same all the way to the court of final adjudication, the matter could be expedited all the way to the CCJ, and that should be the agreed position when the Leader of the Opposition and the President meet shortly,” said Ramson.
Ramson said that politicians must understand that they live and die by elections, and ought to welcome elections.
“Running from an election means you are afraid that what Mr. Persaud did actually represents the will of the people. No government is elected for five years. A government is elected for a maximum of five years, which means a President can call an election at any time prior to that five-year period. The judiciary should not help any political party, and must do what is best for the country. A delay to the calling of the election will not be what is best for Guyana.”
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