Volda Lawrence must act without infringing constitutional rights – Attorney

COVID-19 plan

The Executive Order issued by President David Granger under the Public Health Ordinance may give subject former Minister Volda Lawrence radical powers to address the COVID-19 spread, but it should not interfere with constitutional rights of the people.

Speaking with Guyana Times during an interview, legal practitioner and Chairman of A New and United Guyana (ANUG), Timothy Jonas explained that even though the Constitution does not affect pre-existing legislations, the former Public Health Minister when acting in accordance with her powers is constrained from treading on the constitutional rights.
He stated that while Lawrence may be making a decision to prevent a spread of the disease, acknowledgement must be not to transcend beyond this requirement – resulting in a violation of their constitutional privileges.
Article 40 1(C) of the Constitution states that every person in Guyana has the fundamental right to “protection for the privacy of his home and other property and from deprivation of property without compensation.”

A such, Jonas explained, “The Act pre-states the Constitutions, it is there in the Constitution stating that the Constitution does not affect preexisting legislation, it continues to be effective. However, when that Minister acts, for example, making an order under that Act the Minister has an obligation not to interfere  with the constitutional right, the Minister needs to make sure that the order the Minister is making does not tread on the toes of the Constitution beyond what is absolutely required under the Act.”
The order, which has since been gazetted, states that the “President considers that immediate action is necessary to address COVID-19 and declares COVID-19 as an infectious disease” warranting the special orders.
According to the Official Gazette, under the order, the Public Health Ministry shall take measures to “restrain, segregate and isolate persons suffering from the disease, or who may be likely from exposure to the infection suffer from the disease.”
Additionally, the Public Health Ministry shall speedily bury or cremate the corpses of persons that died as a result of the coronavirus in addition to providing curative care.
It said too that the Public Health Minister may “remove, disinfect, and destroy the personal effects, goods, buildings and any other article, material or thing exposed to infection from the disease”.
The former Minister has also been empowered to prohibit or restrict the movement of persons within, to and from an infected area.
On Saturday, former People’s Progressive Party/Civic (PPP/C) Member of Parliament, Dr Vindhya Persaud said the Public Health Ordinance has no direct measures listed to combat the deadly disease since it was just “copied and pasted” from a 1945 health ordinance by the coalition Government without being revised.
Dr Persaud highlighted that no changes were made to the ordinance, which, according to her, becomes evident when both the 1945 and present-day edicts are examined and no direct measure for COVID-19 is found listed but rather those for other infectious diseases.
“If you compare what they put and you compare the 1945 public health ordinance which was used, it’s a cut and paste. Basically, what they have done is listed everything from that 1945 health ordinance and utilised it in the gazette…so they have not looked at the measures dealing directly with COVID-19 they just listed measures from an old ordinance. What they’ve done is changed Governor to Minister of Health and what they’ve excluded is the Central Board of Health. This one would’ve given the Minister of Health overarching power to do a lot of things,” Dr Persaud had identified.
The edict has already been met with public consternation and great concern, which Persaud strongly agreed with, while making mention of the fact that other countries plagued with the disease have not taken such a harsh course of action, adding that in Guyana’s case, locals who may be experiencing symptoms of COVID-19 will be afraid to report same.
“If you look at the cases around the world there are more deaths and more cases in many other countries and none of them would’ve put out such draconian and harsh measures, I think this is counter-productive because what it will do, even if people have symptoms they’d be afraid to report it, they will be afraid of the measures that can be taken…its either sinister and opening the door for them to do things to people or its stupid, someone just cut and paste and put it there,” she was quoted as saying.