These are tumultuous times. A lot of drama is unfolding in Guyana because of the Government’s inability to understand both the ‘mood’ of the populace and its ‘resentment’ for poorly thought out policies and initiatives that appear burdensome, discriminatory and unnecessary.
The satiation is made more complex when one examines the rising levels of tension between the Government which is the Executive policy-maker and the Judiciary which is duty-bound to defend the law.
A classic example can be found in the recent exchanges between representatives from both branches of Government on issues which have engaged the attention of the Courts, and require the interpretation of the Constitution of Guyana.
While the Judiciary appears to be discharging its mandate independently and in line with the tenants, as well as spirit of the Constitution, the Executive is throwing a tantrum as opposed to acting maturely whenever judgments are handed down that are not within its favour.
The Government, through its Attorney General Basil Williams, is displaying a lack of grace, dignity and self-respect. It is behaving as though it is desperate, spiteful and vengeful.
One may even say that the responses and movements made after the Judiciary takes a position on various issues demonstrates a lack of knowledge, intelligence and basic understanding of key principles of law on the part of the Government.
This can be seen in the attacks made by the learned Attorney General against the Deputy Solicitor General Prithima Kissoon. For weeks now, he has been laying blame for the State’s failure to win several cases against prominent figures in the Opposition at the feet of Ms Kissoon.
He has resolved in his mind that she is “unprofessional” and somehow compromised because of her perceived or imagined closeness to the People’s Progressive Party/Civic (PPP/C) and his predecessor Anil Nandlall. Also, Mr Williams appears to be convinced that some conspiracy is afoot within the Judiciary to tarnish what, no doubt will be his short “stint” as Attorney General if he continues to act so irrationally.
What is strange, however, is the fact that Mr Williams has not laid any blame at his feet for allowing cases to be filed in the courts in the first place, which are misconceived and bad in law. He does not seem to understand that as the Government’s chief legal advisor, he is duty-bound to vet all of these cases and ensure that are arguments put forward by lawyers from his chambers, including the Solicitor General and her deputy, are sound.
He is not exempt from appearing in person whenever necessary if he feels that the Judiciary will be biased. After all, he is a specially anointed and ‘hand-picked’ Senior Counsel, and any failure on part of Ms Kissoon as he has alleged is also a failure on his part.
His decision to continue his diatribe in the media against Ms Kissoon is unprofessional and could be deemed racially motivated if the public was to understand the full context of his protestation as some other lawyers do.
Not even the Acting Chancellor Carl Singh is exempt from the Attorney General’s wrath and discontentment in many respects.
Recall how Mr Singh was given notice about the Government’s dissatisfaction with him being in that current portfolio. He should have responded to the comments of Messrs Trotman and Williams with more force. The Chancellor should have sanctioned the Guyana Chronicle which was in contempt of Court.
No amount of window-dressing by Prime Minister Moses Nagamootoo and polemic explanations can undo the tone and focus of those attacks. These attacks along with the shameful libellous statements made against other judicial office holders, like the Deputy Registrar, by Mr Williams does not augur well for Guyana’s democracy and the principle of separation of powers.
Mr Williams would be serving the public well if he implements more programmes to tackle the backlog of cases in the Judiciary and address forthwith the efficiency of the same. He could turn his eyes away from politics for a moment and give good advice to the Government that could correct major flaws in a series of poorly framed and conceptualised legislation which were tabled and passed in Parliament that have vexed the public across the political divide.
Make no bones about soon the Government will have its way. Carvil Duncan is being removed from the Commissions on which he serves. Soon Mr Singh will retire and a new Chancellor will have to be appointed. There will also be a vacancy in the office of Chief Justice which will have to be fulfilled.
No one is safe from Basil – the Great, if they dare oppose him or challenge his legal acumen, especially if they win or appear sympathetic to the PPP. If the Government’s chief cultural advisor can call for the burning of a media conglomerate (part of the fourth estate) and remains on the job. Then Basil – the Great will face no sanction from his superiors for attacking the Judiciary, I think.
