Latest update April 19th, 2024 12:59 AM
Aug 15, 2019 Features / Columnists, Freddie Kissoon
We have gone back to square one. Once a judge gives a decision on any aspect of the no-confidence vote (NCV), words that are spoken by the judiciary are chosen for convenience, other words are completely ignored.
Let us trace the attitude of the APNU+AFC leadership since the NCV. The morning after, both president and prime minister acknowledged the NCV was passed and would observe the constitution. But GECOM never lifted one finger after December 21 to arrange an election within three months even though there was no contemplation of court action by APNU+AFC at the time.
Then writs were filed against 33 versus 32 and dual status. The Chief Justice upheld the NCV and did not grant a stay. The APNU+AFC approach to power exercise continued as if nothing happened. The governmental political leadership appealed and won then lost completely in the CCJ.
The chairman of the CCJ enquired why GECOM was not in readiness after December 21, 2018. That question was never answered by GECOM or the governmental leadership of the state. Related to the ongoing saga of the NCV was the constitutional propriety of the president’s action in unilaterally appointing the GECOM chairman.
The waters got opaque because President Granger gave an interpretation to some words that emanated from the mouth of the CCJ’s chairman that in the opinion of this commentator was incredible and unbelievable.
Here is what the CCJ chairman said “… before the list is submitted, the Leader of the Opposition and the President must communicate with each other in good faith on, and perhaps even meet to discuss, eligible candidates for Chairman. The aim of these discussions must be to agree that names of six persons who fit the stated eligibility requirements and who are not unacceptable to the President.
In this regard, the Constitution anticipates that the Leader of the Opposition and the President will conduct themselves in a reasonable and responsible manner, eschew partisanship and seek the best interests of the Guyanese people…. Once the President and Leader of the Opposition have hammered out a list of names not unacceptable to the President, the list, comprising the six persons, must then formally be submitted to the President by the Leader of the Opposition and the President must select the Chairman from those names.”
President Granger used that emanation and interpreted it to mean that he could offer a list of names to be considered in the melting pot of names. And he did just that with the intention that his names must be considered by the Opposition Leader.
The CCJ told the lawyers for the governmental leadership that the NCV was passed therefore elections are due three months after June 18 and the government must act in a caretaker capacity.
In my opinion I have seen no cluster of power rearrangement from the political leadership of the state that is in accordance with the requirements of the NCV.
We come now to the words of the Chief Justice. She ruled that house to house registration is legally proper. She ruled the court cannot set a specific date for election. But she said more than that. Her delivery contains two vital aspects.
But will they be adhered to? She observed that “GECOM cannot operate as if it is in a normal elections cycle.” She also stated that GECOM should consider other means through which the register of voters could be verified to allow for the conduct of timely elections.”
This second part to my mind is the dimension of the NCV that the APNU+AFC leadership does not want to deal with. We need to emphasize the words “conduct of timely elections.”
What does that mean? To my mind it connotes one thing and one thing only. There has to be an election before the scheduled 2020 fixture because the NCV was passed.
The role of the APNU+AFC in the NCV drama has now come to an end with the Chief Justice’s pronouncement. It is now for GECOM to decide when the election will be. I can only give my opinions.
First, I think other means should be used to sanitize the list so that we do not go beyond 2019 for the national poll. That decision should be made today when GECOM meets.
Secondly, once that is agreed on, the early the election the closer we come to adhering to the most precious document in Guyana – the constitution. Because Guyana experienced an NCV in 2018, an early election is a requirement. I believe since 2018 there has been an ongoing masquerade in constitutional politics. GECOM today should put an end to that insanity.
(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper)
Where is the BETTER MANAGEMENT/RENEGOTIATION OF THE OIL CONTRACTS you promised Jagdeo?
Apr 19, 2024
SportsMax – West Indies Women’s captain Hayley Matthews delivered a stellar all-round performance to lead her team to a commanding 113-run victory over Pakistan Women in the first One Day...Kaieteur News – For years, the disciples of Bharrat Jagdeo have woven a narrative of economic success during his tenure... more
By Sir Ronald Sanders Waterfalls Magazine – On April 10, the Permanent Council of the Organization of American States... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]