It is now clear to all and sundry that a firm alliance has been established between the APNU+AFC government and the Guyana Elections Commission (GECOM) to thwart the constitutional stipulation that general elections be held within three months of the December 21, 2018 motion of no confidence or if necessary in an enlarged timeframe agreed by two-thirds of the National Assembly.
The alliance has now justified the fear in several parts of civil society that constitutional democracy was at risk when President Granger defenestrated the finely crafted Carter-Price formula for the selection of a Chairman of GECOM and handpicked Justice Patterson.
Given its constitutional character and its responsibility to the country for the staging of elections, it was GECOM’s mandate on the passage of the motion of no confidence to immediately prepare a plan for the staging of elections. It did not do this and its recent meetings have led to statements from the government-appointed members to the effect that GECOM has no power on its own to get ready for elections and must be given the relevant signal by the executive.
Aside from its dubious legal challenges to the Chief Justice’s upholding of the no confidence motion, the government for its part will seek an excuse in GECOM’s decisions by majority vote to state its unpreparedness to hold elections in three months. The government will also point to the ludicrous, minimum figure of 148 days given by the Chief Election Officer for the holding of general elections as cover for not going to early elections.
There is no spin to be placed on it. The government majority on GECOM has allowed itself to be subverted and this constitutes a serious blow to constitutional governance and must be condemned in the strongest possible terms.
It is the defiance by the government of the December 21st, 2018 motion of no-confidence that places the country at risk of a serious constitutional crisis. The APNU+AFC government’s plan is that it will take no definitive action unless it exhausts all legal options to overturn the motion of no confidence meaning that the case could go all the way to the Caribbean Court of Justice (CCJ)
While it is well within its right to appeal its case all the way to the CCJ, the government should have acknowledged that notwithstanding its legal challenge, the three-month clock set by the constitution was running and that this had to be honoured. It was therefore its responsibility to set a date for the general elections at the outer limit of the three-month period or an extension agreed with the opposition. It was also its responsibility, for the removal of any doubt, to notify GECOM that it needed to begin preparations to meet the deadline for elections. This was not done and has still not been done 65 days following the passage of the motion.
The upshot of the government’s irresponsible behaviour is that the three-month period for elections will elapse without a final ruling by the courts. This cavalier treatment of the constitution will then force the APNU+AFC government to take the initiative to preserve constitutional rule. That initiative will entail seeking an honourable settlement with the opposition on the terms of an extension of time for elections. Constitutional experts will first have to establish several things. If the three-month period expires without elections or an agreement for an extension what becomes of the government? If three months elapses without an extension, can the deadline be enlarged after the expiration or this can only be done before the end of the specified period?
The APNU+AFC government must begin a careful consideration of these questions. It is clear to the public that thus far, the APNU+AFC government is prepared to put the legitimacy of the country’s government in question for the sole purpose of extending its life in office by any means possible.
As has been stated in various quarters, the government also seems prepared to risk Guyana’s international standing as a constitutional democracy, its ability to be recognised as a viable party to internationally drawn contracts and agreements, its standing as an investment destination and the smooth running of the country’s political, social and economic life. Such intransigence is the lot of power-obsessed politicians who have no qualms about renting the fabric of national cohesiveness for purely partisan gains.
Another feature of the regressive behaviour of the APNU+AFC government is the cranking up of the machinery of elections handouts to communities in all parts of the country and other questionable acts. It would be heart-warming if on a regular basis 19 ministers sweep into the Rupununi or any other part of the country to deliver better governance. While last week’s visit to the south of Guyana was no doubt intended to achieve better governance, many parts of it constituted an unabashed attempt to mobilise votes by the handing out of what amounted to knickknacks and the making of a variety of promises.
The handouts are not the only carve-up calling into question transparent governance. In recent weeks, there have been other troubling signs. Aside from a surge in the advertising of state contracts, there was a sudden, massive hike in thresholds for restricted tendering where such contracts are not advertised. While it has been argued that new ceilings had been agreed earlier, the timing is suspect and could lead to the channeling of contracts to certain individuals. If any such contracts are invited, the relevant information must be published in good time on the website of the National Procurement and Tender Administration Board for public inspection.
Important initiatives such as a broadcast licence for Linden which had been held up for years as a result of bickering in the region has now magically been cleared and one expects many more instances of this in the days ahead. The announcement of this development was made by the Minister of State instead of the Guyana National Broadcasting Authority – another example of government overreach.
As Executive President, it remains the case that President Granger is ultimately responsible for violations of the constitution committed by his administration and the country awaits decisive action on his part to be in full compliance and to ensure that after three months from December 21, 2018 there is no doubt about the legitimacy of the government.
