Latest update April 19th, 2024 12:59 AM
Jun 24, 2019 Letters
DEAR EDITOR,
The Caribbean Court of Justice (CCJ) has called upon the governing, and opposition, parties to engage in discussions that could arrive at a consensus preliminary to the Court’s issuance of consequential orders today.
It is my humble, non-legal opinion that consensus is not a legal or political imperative or reality in the context of Guyana at this juncture. The constitutionally mandated consensus or agreement between the President and the Leader of the Opposition has failed to materialize for several years across administrations.
We have failed to confirm a Chancellor of the Judiciary and Chief Justice during the administrations of President D. Ramotar (PPP/C) and D. Granger (APNU+AFC); these positions were, and are, held by acting appointments and there seems little likelihood of a change in that situation in this politically charged environment. In the current context of the no-confidence motion the consensus that is being promoted seems to require total, or partial, capitulation to the demands of the Opposition Leader.
The CCJ should, in my opinion, base its rulings on the Constitution of the Cooperative Republic of Guyana irrespective of which party feels vindicated by its decisions. There is no constitutionally required consensus regarding the tenure, or remit, of the government and the date for the next elections; there is only the law.
Similarly, there is no provision in the constitution which demands a consensus agreement on the appointment of GECOM Chairman. If the process for appointing the Chairman of GECOM, as outlined in the constitution, was improperly and illegally implemented by President Granger then the CCJ should, to be fair, say where and how, and stipulate the correct, constitutionally-mandated procedure.
It is possible, but not certain, that reasonable minds can agree that the Opposition Leader should provide relevant information, such as professional qualifications and experience, and membership or affiliation of political and social organizations regarding his nominees and the President should provide reasons for rejecting them, or be compelled to make a selection from the list supplied by the Leader of the Opposition. This process, if followed, cannot replace the law but only clarify it.
Sincerely
Oscar Dolphin
Please share this to every Guyanese including your house cats.
Apr 19, 2024
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