…Govt overreaches
We all know what “caretakers” are, don’t we?? They just “take care” of someone else’s property, to pretty much keep it the way they got it. No problem if the caretaker goes ahead and buys a broom to sweep the front yard, but surely he’ll be overstepping his remit if he builds a new garage at your expense because he thinks you’ll need a car!! And that’s exactly what this caretaker PNC-led Government’s doing to prepare and plan on voting for a 2020 budget this November!!
Back in January, when the Opposition Leader first made this point to Granger — who’d finally deigned to meet him, three weeks after the NCM was passed — the latter said he didn’t know about any “caretaker” Government, since it isn’t in the Constitution. But then who’s he to talk about what’s in the Constitution? Even when “or any other fit and proper person” WAS inserted in the Constitution to change the old requirement that only a Judge could be the GECOM Chair, he insisted that nothing had changed!!
But Granger’s riposte wasn’t out of ignorance about caretaker governments, it was just another example of the PNC’s utter disregard for the workings of parliamentary democracies — born and inculcated during their 28 years of rigging elections; foisting an unapproved Constitution on the people; and even murdering political opponents. Those who aspire towards democratic governance would know that there’s not only the Constitution to obey, but also its SPIRIT, which is the glue that really holds the political system in place.
On what was IN the Constitution – that the Govt falls at the passing of the NCM – has never been disputed in any other parliamentary democracy. As recently as 1999, Indian PM Vajpayee’s govt fell on an NCM by a one-seat margin. He didn’t invent any half-man theory to cling to power. He resigned, called elections, and took his later defeat at the elections like a democrat. The question, of course, arises as to what the fallen government can or can’t do until the next elections’ results. Which is where we are in Guyana right now.
In most parliamentary democracies, they’ve dubbed such governments “caretaker governments” – as alluded to by CCH Justice Witt – and have collated the rules on permissible actions from the SPIRIT of the Constitution as “Caretaker Conventions”.
As the “Caretaker Convention” of Canada declares: “(The govt) can and should do so where the matter is routine and necessary for the conduct of government business, or where it is urgent and in the public interest.
The rules certainly do not permit the caretaker government to pass a budget that would bind any new incoming government!!
It’s like building that garage!!
…limits
With this caretaker PNC Government determined to cling on to power and go along as if nothing’s changed, it might be a good thing to look at some of the other rules from Canada’s Caretaker Convention. “In short, a government should restrict itself – in matters of policy, expenditure and appointments – to activity that is: routine, or non-controversial, or urgent and in the public interest, or reversible by a new government without undue cost or disruption, or agreed to by opposition parties (in those cases where consultation is appropriate).”
Unlike what the Government has been doing in its “outreaches”, the Convention insists: “In the context of an election, (ministers and Govt employees) must be especially vigilant with respect to the distinction between official government business supported by departmental and portfolio resources, and partisan political activities, taking care to avoid even the appearance that departmental and portfolio resources are being used for campaign purposes.”
In other words, only compelling evidence that the interest of Guyana is being furthered can justify this caretaker Government’s actions!!
…positions
Being observant of the courtesies, you may be wondering how to address the members of this caretaker PNC-led Government. It’s very simple. Just prefix their old title with “caretaker”. As in “Caretaker President”; “Caretaker Minister”…etc.
No need for the honorific “honourable”!!