Dear Editor,
The post-judgement rulings of the Caribbean Court of Justice (CCJ) were surprising for their brevity. After six months of legal proceedings, all the CCJ felt was required by way of consequential orders was to read aloud Article 106 of the Guyana Constitution and remind that it is clear and then further point out the provisions that apply. “These provisions need no gloss on the part of the Court to render them intelligible and workable. Their meaning is clear and it is the responsibility of constitutional actors in Guyana to honour them,” Saunders said.
By its use of the word ‘clear’, I believe the CCJ has erred grievously. There are two schools of thought about the APNU/AFC Government – dense or obtuse. Both of these characterisations face difficulty with the ruling. For the ‘dense’, the CCJ is ascribing an innate intelligence quotient (IQ) to persons occupying Government office; without a modicum of evidence to support such an assessment. Given the level of asininity displayed in public utterances and the submissions made to the Court, one cannot expect anything to be ‘clear’ to such persons. The school of the ‘deliberately obtuse’ suffers even more, for after six months of pretended misunderstanding, the CCJ has simply said ‘read the article, apply the provisions and act with integrity’. This leaves very little room for ‘face-saving’ manoeuvres— a shame-faced acceptance that APNU/AFC has been engaged in delay tactics and will now comply is the best outcome, pariah status and personal sanctions the worst.
The CCJ reiterated the No-Confidence Motion was appealed and the three-month time limit will commence from when the CCJ eventually upheld it on June 18, that under the Constitution, after a No-Confidence Motion is passed by the National Assembly, the President and Cabinet must immediately resign but the Government is allowed to stay in place in a caretaker role until the fresh election is completed within three months. Compliance with Article 106 of the Constitution. Clear enough?
Editor, Unlike the Judges of the CCJ, I harbour no illusions about APNU/AFC IQ’s and have furthered girded my loins for the struggle ahead. APNU/AFC are stupid or playing stupid, either way— a luta continua!
Yours truly,
Gomati Kalicharran
