…on Presidential discretion
God help Guyana if the prolix missive Attorney General and Legal Affairs Minister Basil Williams hurled off to the dailies is reflective of the advice he offers to the President and the rest of the Executive. Williams took on Senior Counsel Ralph Ramkarran on the latter’s explication of the imperative “shall” which was inserted into Article 128 (1) of our Constitution back in 2001.
Ramkarran, unusual for a lawyer, didn’t use any legalese in making his point that the President had absolutely no discretion when it came to appointing Judges. The said article reads: “The Judges, other than the Chancellor and the Chief Justice, shall be appointed by the President who shall act in accordance with the advice of the Judicial Service Commission”. He pointed out that prior to 2001, the language deployed was discretionary – “may appoint” but this was specifically excised because the whole impetus of the 2001 Constitutional changes – insisted on and agreed to by the PNC – was to reduce the powers of the President. Williams displayed a complete disregard for historical truth when he complained that not giving the President the discretion on appointing judges was NOT furthering the principle of “separation of powers”!! We don’t even need Hansard to know that this was the exact opposite of what Parliament intended!! Not allowing the President to have a say in the selection of judges obviously (to everyone but Basil Williams) increases judicial independence! And really, one doesn’t need to go further with this non-issue raised by Williams, save to point out that Williams was so heavy handed, that he went on to misstate the Constitution even more blatantly.
He said, “Moreover, Article 111 of the Constitution clearly gives the President a discretion when he is required to act in accordance with the advice, or on the recommendation of any person or Authority by providing that he could refer any such advice or recommendation, back for reconsideration.” But what Williams dishonestly fails to mention is Art 111 goes on to state that if (in this case the JSC) doesn’t change its returned recommendation, the President SHALL act as they recommend!!
Finally, in one of the most specious arguments (if it can be called that!!) your Eyewitness ever heard, Williams claims that Article 128(1) is ultra vires! Why, you ask? Well, if Ramkarran’s point is taken, then the Judiciary would be “commanding” the president and this isn’t allowed by the Constitution. Separation of power and all that. So in one fell swoop, Williams wants to also do away with Judicial Review?
In Guyana we have Supremacy of Constitution not the President!! And the courts interpret the constitution – especially against the Leviathan President!
…PNC argument
The editor-in-chief of the Muckraker weighed in to justify the extraordinary pension the PNC-led coalition Government’s railroading through Parliament for Hamilton Green – PNC enforcer, extraordinaire! Not surprisingly, he sees nothing wrong about a bill specifically named after Green to allow him to get a pension equivalent to that of the incumbent Prime Minister, Moses Nagamootoo. With all the attendant benefits – duty free car, maids, gardeners, first-class ticket to anywhere in the world etc, etc, he said Green’s detractors are “racists.” On the surface, nothing’s wrong with this. But when looked at from the principle of the “rule of law” – everything’s wrong. The latter explicitly states that if a law applies to one – it has to apply to all. So if Green’s to get a PM’s pension AT TODAYS RATE – why shouldn’t all the other Parliamentarians, Ministers and officials from the past get the same treatment?
Don’t they have the right to live high off the hog? Or are some pigs more equal than others?
…Trumpism on Cuba
Surely Trump can’t go through with his threat to reverse Obama’s opening with Cuba! But like the apocryphal 600lb gorilla, a US President can do anything he darn well pleases, no? And here some hoped that the embargo would be lifted!!
