…is made an ass
The expression that is frequently thrown about when folks have a problem with “the law” is “the law is an ass”. But this misses the entire point about the law that Charles Dickens illustrated in his book “Oliver Twist”. In the story, Mr Bumble is the wretchedly unhappy spouse of a domineering wife, so when he’s told in court that “…the law supposes that your wife acts under your direction,” he replies: “If the law supposes that, the law is an ass – an idiot”.
So dear reader, it’s not always the law that’s an ass….but, most frequently, some INTERPRETATIONS of the law!! Take, for instance, the ruling just handed down by the Chief Justice on the application for the Court to grant an order compelling Cabinet, including the President, to resign in light of the successful passage of the No-Confidence Motion (NCM) against the Government. Not only did she deny the order, she intoned: “This application is not only wholly misconceived, it is vexatious and an absolute abuse of the process of the court,” and slapped a $500,000 cost for him to pay the Government!!
Now, what’s going on here?? All Nandlall was claiming was the Constitution is as clear as crystal when it comes to what follows a successful NCM. “Cabinet including the President shall resign if the Government is defeated by the vote of the majority of all elected members of the National Assembly on a vote of confidence”. Unfortunately, the CCJ didn’t issue a specific order for that on the grounds that Art 106 (6) was so clear that it needed no “gloss”, ie, any explanation.
As Nandlall’s lawyer pointed out, the CCJ expected the PNC Government would act with “integrity” and do the right thing. And it was that assumption that precipitated a wave of guffaws across the legal community of the Caribbean. The PNC and “integrity” in the same sentence?? The CJ cited the CCJ’s citation of a legal scholar: “…The Government continues in office as a caretaker government or an interim government until the next elections ensue and a President is appointed (or reappointed) depending on the results of that election”. Which, of course, is Art 106 (7).
However, the CJ continued, “Given the language used by the CCJ, it is evident that the effect of the NCM was the immediate resignation of the Cabinet, but the court clearly stated that notwithstanding this, the tenure in office of the Cabinet including the President, as well as the government as a whole, ‘is on a different footing’—is that of being in a caretaker mode consequent on the passage of the said NCM”.
But the CCJ spoke about the GOVERNMENT, not the President and Cabinet.
The Government isn’t coterminous with the President and Cabinet!!
…and ineptitude
In Nov 2016, with great fanfare (even bugles blaring!!) Winston Jordan announced that the first “large-scale” solar farm in Guyana would be constructed at Mabaruma at a cost of GY$264 million dollars. This was good news since this could push the Green Agenda and improve the lives of Reg 1 citizens. But 3 years later, not a kilowatt of power has been generated and only now that the PPP regional officials pointed out that the jungle was overtaking the solar farm, have we been told a new tale of ineptitude that characterises the MPI.
The money was spent, panels were shown, but no power by mid-2018 when the project was supposed to be completed. Minister Patterson said it was being “retrofitted” and elaborated: “They’re putting in some extra, additional batteries. So as soon as that’s in, we’re 100 per cent up and running. It should be completed anytime now, I should think”.
He was just bullshitting. Actually, the facility was improperly grounded and lightning knocked out the transformer!!
Shouldn’t Patterson be charged??
…and helping GECOM
A former Canadian Chief Electoral Officer will provide technical electoral aid to GECOM Chair Claudette Singh.
Shouldn’t that aid be to the Secretariat??
