Today is a very historic day for Guyana as it marks the beginning of an untested period. The President would have lost his constitutional standing and technically, should not be referred to as such. In addition, the APNU/AFC coalition he leads no longer legally exists as a government. In other words, both, as of this day, have become constitutionally unconstitutional.
This situation resulted from APNU/AFC’s reluctance to abide by enshrined constitutionally-mandated processes following the historic No-Confidence Motion (NCM) successful passed on December 21, 2018.
Having over the last eight months gone around in circles on the back on millions of taxpayers’ dollars just to be told what’s already clear in the Constitution, the Government was legally designated as a caretaker one, following the ruling and consequential orders of the Caribbean Court of Justice (CCJ) in June this year.
That meant elections, which should have been held by March 21, 2019, had to be held by September 18, 2019, following resort to the court. That date could have only been extended through a vote by a two-thirds majority in Parliament. There was no such extension and no elections, hence, the current reality of an unconstitutional leadership.
No one knows how long this period of uncertainty will last. Even if the President had within the last moments of September 18 dissolve Parliament and announce an election date, according to legal experts, him holding on to the office after that is unconstitutional.
Following the NCM, the Government had one primary function, which was to facilitate an election within ninety days. Then, the President would have been within his constitutional rights to act with the powers vested in him to ensure the elections are held and to legally stay on until a new President is sworn in within that said ninety-day period.
With that period now officially expired, as per the CCJ’s ruling, Guyana is now legally without a legal administration. This is a very serious development and, unfortunately, can have consequences. How this would be resolved is anyone’s guess. Possibly, it may have been made more difficult by APNU/AFC’s seemingly unbridled desire to remain in office apparently with utter disregard for the consequences of such actions.
In the process of doing so, it may have shown its hand for self-gratification and self-advancement at the expense of adherence to the rule of law. With a belief of it placing self over country, the nation is placed at risk of possible instability and international sanctions.
This is not where Guyanese want the country to be, for as difficult as it is for many to make ends meet, there is that inherent hope of a brighter future as first oil beckons. With such high expectations for the country’s much touted potential to be realised, why potentially jeopardise it through seemingly selfish politics?
As a result, citizens have remained dismayed over APNU/AFC’s refusal to respect the Constitution, thereby, plunging the country into this untested and challenging period.
Earlier this week, the President reaffirmed that he is ready to call elections but only after advice from the Guyana Elections Commission (GECOM). This has been his position all along as he seemingly relinquished his responsibility ***as per Art 61*** of naming an election date to GECOM. That seems to suggest, that in his mind, there is no room for snap elections as provided for in the Constitution.
Over time, he foisted his own interpretation of the Constitution upon the Guyanese people as evident when he unilaterally appointed Justice James Patterson as GECOM’s Chairman. His sustained position that GECOM, not him, must advise when elections be held, is another instance. GECOM clearly has a role, but the Constitution also has clear provisions that cater for elections within that three-month timeframe.
This was reiterated by the CCJ in its final ruling. One may be tempted to ask: with the Government not abiding by the Constitution and may be in contempt of the CCJ ruling, is GECOM reportedly being encouraged to do likewise for the realisation of a particular agenda?
In his recent address, the President stated that GECOM has exclusive and explicit responsibility for the conduct of elections, that the election body is insulated from political interference and that its independence is safeguarded by the Constitution. But what about his constitutional role for which he took an oath to uphold?
What about the mandated processes for elections within three months following the NCM and which are safeguarded by the Constitution? What about processes to derive a credible voters’ list within that timeframe and which are also safeguarded by the Constitution?
From this, it appears that the President is selective on constitutional provisions seemingly with the intention of prolonging his administration’s hold on power. The most basic of understanding is, had the Constitution been followed, the elections would have been held by March 21 this year.
With APNU/AFC resorting to the courts, the new deadline was September 18, 2019. There is no ambiguity in that, for GECOM must always be at the ready. What is indisputable, is where the country has been placed as a result of non-adherence to the Constitution by a now unconstitutional regime.
