Opposition party, the AFC yesterday said it will respect Speaker Raphael Trotman’s decision to accord Home Affairs Minister Clement Rohee full parliamentary participation, but warned that the inability to hold the executive and its ministers accountable would make the National Assembly a joke.
The AFC’s said in a statement that its leadership finds the ruling well-intentioned with the undoubted purpose to halt the impasse which the earlier “Gag-Rohee” ruling had created in the National Assembly and in the High Court.
At the same time, it noted that its members of the National Assembly will reserve the right to cooperate or not to with the minister.
“We wish to warn that it will turn out to be a hoax on the public and the nation that their problems can be solved by deliberation in the National Assembly when their duly-elected representatives, unanimously or by majority, cannot hold accountable and responsible the excesses of the Executive and its Ministers,” it, however, said, while announcing that it would seek to initiate discussions for needed constitutional reform.
After a no-confidence motion against Rohee, passed by the combined opposition using their majority, failed to see him ousted, a second motion was tabled seeking to ban him from speaking in the National Assembly. That matter had engaged the High Court and the National Assembly’s Privileges Committee to ascertain whether such an action could be enforceable.
The AFC said that the entire situation was due to the “utterly disrespectful manner” with which the PPP government treats the constitution, the majority view of the National Assembly and constitutional conventions.
“This manner of governance is entirely with the purpose to make impotent the majority view of the National Assembly,” it said, while noting that under the constitution, ministers are accountable to the National Assembly and a no-confidence motion can be brought against any such culpable minister. “This is a central aspect of democratic government and a significant aspect of the doctrine of separation of powers,” the party added.
According to the AFC, in accordance with the constitutional convention of individual ministerial responsibility, it was “imperative” that Rohee voluntarily resign, or either be dismissed or re-assigned by the president. “This did not happen. And, as has turned out to be so controversial and divisive, the House then proceeded to gag the Minister in his capacity as a Minister,” the party noted, while acknowledging that it was aware of having ventured into new frontiers and vowing to take similar action “to ensure accountable government and good governance.”
The party pointed out that its stance against Rohee was due to his bad administration of his ministry and the security sector under his charge and it cited the three persons killed in the Linden protests last year. “The support of application of sanction to Minister Rohee, who did not have the confidence of the National Assembly, was because the AFC wanted to protect the integrity, the efficacy, and the internal organization of the House,” it added, vowing to be a party that will not sit idly by while the National Assembly’s commands are ignored.
“The AFC is therefore proud to have supported such a censure motion, historic and unprecedented as it was, to reign in an unruly Minister. This “Rohee debacle” is but only one item in a whole host of excesses being committed by the PPP Government, which excesses cumulatively can lead to a very serious constitutional crisis,” it added.
The party also accused the government of resisting the application of sound constitutional doctrine and instead hardening its defiance against a majority command of the National Assembly. “We believe constitutional conventions are binding on political actors because there can be sanctions following their violations, sanctions which have a political liability even if bereft of any legal liability. Such conventions are important because they provide a moral framework within which the Executive and individual Ministers should exercise non-justiciable legal powers,” it said.
As a result, it also vowed to ensure the re-emergence of a strict compliance with constitutional and conventional principles, which will establish the country as a democratic nation. “There has been a massive backsliding by this government recently away from a democratic order. This is dangerous, very dangerous,” it warned, while adding that since a major thrust for constitutional reform is necessary at this time, it would start the discussion and consultation with the public and stakeholders as early as possible.
