Thursday’s trifecta of decisions by Chief Justice (ag) Roxane George has further exposed the exiguity of the government’s defiance of the motion of no confidence which was passed against it on December 21, effectively ending its tenure and mandating that general elections be held in 90 days.
Justice George found that even though he was ineligible to sit in parliament by virtue of his dual citizenship, the vote by Charrandass Persaud which caused the collapse of the government was valid. This particular action had been brought against Mr Persaud by Compton Reid as the state could not be seen as engaging in further duplicity since key government MPs were also dual citizens.
The acting Chief Justice also rejected the patently ludicrous arguments that the government had cobbled together on what constituted a majority in Parliament. Those arguments plumbed the depths of inanity and desperation.
In an action brought by civil society activist, Christopher Ram, the judge held that Cabinet was deemed to have resigned on the night of December 21 when the motion of no confidence was dramatically passed.
Importantly, Justice George also rejected an application by the Attorney General Basil Williams for a conservatory order to preserve the status quo ante. The rejection of this application further underlines the stark reality that since December 21, the government has had no grounds for disregarding the 90-day clock which is running and which can only be extended by virtue of a two-thirds vote in Parliament.
The APNU+AFC government has since had the gumption to state that while recognising the judgment of the court it “continues” to abide by the constitution. It is not doing so. The President and the Cabinet are in flagrant violation of the constitution by still refusing to heed the import of the passage of the motion i.e. the government no longer exists in the form in which it ascended to office in May 2015, there is no longer a functioning Cabinet and preparations should be underway for the convening of general elections underpinned by the naming of a date by the President.
Power is an intoxicating thing and its sudden loss particularly for a government which was caught unawares could lead to all types of actions to cling to office. The government cannot however adulterate constitutional adherence in its quest to wish away the motion of no confidence. To do so is to rent the entire fabric of the rule of law and to invite all the implications therein.
Having on Friday launched its election campaign, the government is now sending conflicting signals. It is waging two different battles – one in the courts and one on the ground. It can’t have it both ways. In the aftermath of Thursday’s court decisions, the government must now unequivocally state that it recognises the December 21 motion of no confidence and will conduct itself in manner that coheres with what many reasonable people ascribe to articles 106 (6) and 106 (7).
The government should also be aware that its creation of a state of uncertainty over the way ahead can lead to instability and tensions in communities across the country. Further, Guyanese in the diaspora and investors will view developments here with considerable anxiety and will delay commitments to this country. It would also not be lost on the government that pivotal decisions need to be made on the oil and gas sector and that such decisions should not be essayed in a climate of political division and discord. Both the government and the opposition need to be ad idem on the final steps before first oil and to not engender conditions where the country can be taken advantage of by unscrupulous oil companies.
The government is not the only problem. The public’s fears over President Granger’s unilateral appointment of Justice Patterson as Chairman of GECOM are coming to life. Justice Patterson continues to delay all reasonable efforts to elicit answers on GECOM’s preparedness to hold elections in 90 days from December 21. Entrusted with the task of overseeing electoral preparations, his only obligation to the public is to take notice of the constitutional prescription of elections in 90 days and to act with celerity on it. If he is unable to discharge these functions because of ill health or lack of conviction then he should immediately demit office. If it is indeed the government’s intention to stall general elections, GECOM must not be seen as the handmaiden in this folly.
Having failed to breathe life into its solemn commitment to reform the constitution, the APNU+AFC government is now callously debasing it by refusing to publicly acknowledge the 90-day deadline in article 106 (7). It must name a date for the elections and ensure that GECOM is fully equipped to execute its mandate.
