The Government of Guyana which has been defeated on a No Confidence Motion (NCM) – or Confidence Motion as we saw one Government official futilely arguing – seems to us, is least bothered, if not unconcerned, by the consequences of its defeat and the Constitutional provisions which have been activated in its wake. The NCM as is widely known was upheld by both the Speaker of the National Assembly and the High Court. In recent days and weeks, the FITUG has seen several organisations and individuals, through various expressions, drawing attention to the dangerous waters out country is slowly, but disturbingly, entering into. The entry into uncharted territory brings to the surface a new host of unknowns and what really would take place when the current ticking Constitutional deadline draws to an end.
As anxiety and concern in the society heightens, the Federation has noted that Minister of State, Joseph Harmon, during what was deemed a ‘briefing’, informed that all Ministers have been engaging regularly in plenary sessions with the Head of State. The February 16, Kaieteur News reported that the Ministerial grouping has been meeting at plenaries which “…has all the powers of Cabinet”. The newspaper article informed that Minister Harmon said the body “…is considering several Bills and ‘noting’ the award of contracts”. The Stabroek News also of February 16, reported that the State Minister when “[q]uestioned repeatedly as to which law empowers a plenary to exercise the powers of Cabinet… maintained that the grouping drew its legitimacy from the powers of the President”. The sleight of hand answer, in our view, from the State Minister, who incidentally is among the many Government Ministers who hold law degrees, cannot be deemed acceptable.
While the Minister explained, according to the media, that the current decision-making configuration seeks to comply with the Chief Justice’s ruling in that the Cabinet’s resignation was automatic on the passage of the NCM, we see it as a blatant assault on our Constitution and moreover as being contemptuous of the High Court decision. The shielding behind the President’s authority, in our view, has little justification, if it has any at all, when the Official Gazette dated February 16, has Minister of State and Mr Edward Persico, as Secretary of the Ministerial Plenary, approving the appointment of certain State Boards. Incidentally, Mr Persico, sometime ago, was revealed to be Secretary to the Cabinet. If it is the President who has the decision-making power, as Minister Harmon contends, shouldn’t it be him approving the State Board we ask? Whether President Granger has such powers in the first place is another question that undoubtedly requires an unambiguous answer obviously grounded in law. From our perspective, the acts and justifications advanced by the State Minister in themselves do not hold any water. It is our understanding that there is no legal basis for the so-called ‘Ministerial Plenary’ and its convening is yet another manifestation of the Government’s naked disrespect for our Constitution and more so the intellect of the Guyanese people.
The fact remains, from all indications, the Administration has frittered away two-thirds of the Constitutional timeline for elections. The FITUG cannot help to reiterate once again that the Government, prior to its election, had, unconditionally, committed itself to upholding the Constitution. Moreover, in the oaths which our Governmental leaders took, as they placed their hand on a religious text, they swore, solemnly among other things, to uphold our Constitution, without fear or favour. Today, we ask what has happened and wonder whether the Administration, which boasts about its positive record, is, seemingly, very much petrified to face the electorate.
The FITUG is also concerned that the Guyana Elections Commission (GECOM) has not begun as reported even the slightest of preparations for elections. This Commission, which through media reports, had indicated it would begin preparations after the passage of the NCM has recently informed the Guyanese people that despite billions in funding over the years it is not currently in a state of readiness though this contention is being strongly challenged. We are not unaware that concerns have been expressed that the timelines could be compressed but the lack of decisiveness at the Elections Commission has prevented the electoral body from taking the first of many necessary steps. Indeed, the Chairman who is charged with ensuring the body fulfills its mandate needs to bring his seeming arm’s length approach to an end and act proactively.
The FITUG is also not deaf to the calls for house-to-house registration. But, we know too, that it was this exact list, which is now seen with a critical lens, that was used in the recent Local Government Election without an adverse comment or denunciation. While we accept that periodic cleansing of the list should be done, we wonder, at the same time, what was the purpose of the several continuous registration exercises done over the years. Certainly persons who have come of voting age would automatically be included among the Official List of Electors (OLE), and, therefore, we are at a lost for the sudden hue and cry for house-to-house registration. On this matter, we also could not ignore that no less than the Chief Elections Officer, Mr Keith Lowenfield, in the February 05 Kaieteur News, is reported to have said “…he is of the opinion that the voters’ list is clean and valid…”. It certainly throws cold water on the several contentions we have seen advanced.
At this time, in our view, what is urgently needed is frank, sincere and open dialogue between the Leader of the Opposition and the President to avoid what is impending. We were heartened to see recently that the Opposition Leader indicating he is open to meeting the President on elections and media reports have indicated that the President is receptive to such engagements. Clearly, time is not on our side and there is a need for the two (2) leaders to meet with great haste to avert what some have described as the worst Constitutional crisis in our nation’s history. Today, leadership, and not brinkmanship, is required. Foremost on our leaders mind must be respect for our people’s inalienable democratic and constitutional rights.
