Former APNU+AFC parliamentarian Charrandass Persaud, whose vote led to the passage of a no-confidence motion against the current administration, says a constitutional crisis is looming and that either elections should be called within the stipulated ninety-day period or that the government and opposition must come together and agree on an extension.
Persaud made the comments on a video uploaded on his Facebook page, where he addressed issues stemming from the People’s Progressive Party/Civic-sponsored no-confidence motion, which was passed due to his vote on December 21st.
Articles 106(6) and 106(7) of the Constitution prescribe that the Cabinet, including the President, shall resign if the government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence and elections are to be held within three months unless a two-thirds majority of the House grants an extension. The validity of the vote on the motion is currently the subject of a legal challenge brought by the government.
Persaud said while it has not yet happened, a constitutional crisis was likely, about which everyone should be concerned and efforts should be made to avert it.
He accused everyone on the government side, including the members of Cabinet and President David Granger of “looking to create havoc and mayhem in the country.”
“Ninety days, my brothers and sisters, would [elapse] sometime around the 19th and 20th of March, 2019. Why I am saying constitutional crisis is because the constitution cannot be dictated by any judge or any minister… elections should be held within ninety days from the date the no-confidence motion was passed… If it is not held, and that is what we are looking at here… there has to be an extension that must be granted by [a] two-thirds majority of the members sitting in Parliament, meaning that the opposition must also agree to have the time extended beyond ninety days and if not, elections must be held within the ninety days,” Persaud said, while accusing the Granger administration of abusing constitutional articles.
He said that despite the yapping by various political commentators on the supposed illegality of the motion, the constitutional crisis will arrive if the present government does not approach the opposition to have a discussion to extend the deadline for the holding of the polls.
He said after that date, if there is no extension, the government will be illegal and Granger will not be able to claim the presidency. And after the date, when the government becomes illegal, it will not be able to “control anything, so you are looking at chaos in the country,” he said
“The president cannot claim his presidency. He should resign. And honestly David Granger should’ve resigned for more than the constitutional article that says he should. The man has been in hospital, traveling six, seven, eight, nine times for medical treatment. He should find time, like I’m doing, to look after his health. This is a very critical for a person his age and the treatment he has to go through. David Granger is saying he is not going to go anywhere but he has a lot of places to go and he should resign for all kinds of reasons,” Persaud added.
President Granger is currently undergoing treatment for Non-Hodgkin lymphoma.
Persaud also questioned the integrity of the Guyana Elections Commission (GECOM) and reasoned that if it is an independent body then it should not be “hugging the government” and taking sides “and not doing what they are legally mandated to do.”
“This is not whether GECOM wants elections and GECOM cannot hold an election on or before the ending of March. GECOM is bound. GECOM cannot alter the constitution… even the President cannot do that,” he said, while urging Granger to concede and conclude that his administration has to resign in order to avoid a constitutional crisis.
He also pointed out that from the night of the passing of the no-confidence motion, GECOM should’ve started mobilising and preparing for elections within ninety days.
