Later today, the Caribbean Court of Justice (CCJ) will issue a series of orders concomitant on its two landmark rulings last Tuesday declaring the appointment of the GECOM Chairman unconstitutional and upholding the validity of the December 21, 2018 Motion of No-Confidence against the government.
It behoves all concerned, no matter which side they supported in the various cases, to accept the orders issued by the court and to act in full compliance. Though not seated in Georgetown, the CCJ is Guyana’s final court and has already delivered dozens of decisions pertaining to this jurisdiction including the historic judgment upholding the two-term presidential limit.
While from the outset the government’s case on the motion of no confidence had no credibility and its recourse to the courts was an unnecessary intrusion into the inner workings of Parliament – a separate branch of government – it is broadly accepted that the APNU+AFC administration had the right to judicial review. This approach to the courts has resulted in the expiry of a key timeframe in the constitution catering for the holding of general elections and the CCJ’s orders will no doubt seek to address the constitutional conundrum that therefore arises.
In the matter of the GECOM case, President Granger’s unilateral appointment of Justice Patterson upturned the constitutional order that had led to consensual appointments of Chairmen for all general elections since 1992. The President’s decision had been strongly condemned by this newspaper in a Page One Comment the day after the appointment. The CCJ’s finding of unconstitutionality in the appointment of Justice Patterson came as no surprise.
All of the cases proposed and defended by the state at the CCJ had the full and continuing support of President Granger. All eyes will therefore be on him today as Head of State and Executive President in setting the tone for the acceptance of the orders, the upholding of the rule of law and respect for the judiciary – another of the branches of government.
In his initial reaction to the CCJ rulings, the President evinced both unawareness and a lack of appreciation that these were final. Aside from the fact that he tastelessly included in his address to all of the country a re-election appeal, the President also erred by casually referring to GECOM and its Chairman. He said thusly: “The Chairman of the Guyana Elections Commission, Justice Patterson, has previously informed me that the Commission will be ready to hold elections in November 2019. This will be after the completion of house-to-house registration. I now await a recommendation for a specific date from GECOM and I will then issue a proclamation”.
By not adverting to the CCJ’s earlier decision on the GECOM appointment and by continuing to refer to Justice Patterson, the President made a faux pas which could be considered as dismissive of the CCJ ruling on GECOM. On the following day, during the accrediting of the Ambassador of Kosovo, the President continued along this path.
“I have never gone outside of the Constitution and if they (CCJ) felt that the process is flawed, they must let me know what the flaw is. Let us wait until the 24th June when they will make some consequential rulings. There is no way that I can see that the decisions I have taken are flawed. It is the responsibility of the leader of the opposition to send me a list of six persons who are not objectionable,” he said. The CCJ decision being final, none of the parties is owed an explanation and the President’s seeking of one signals defiance as it relates to the appointment of a new chairman that would have to be made at GECOM.
Further troubling is the fact that senior ministers of government have since also struck defiant notes to the point of disrespecting the CCJ and questioning its authority. Among these as reported in Saturday’s Stabroek News was no less a person than Minister of State Dawn Hastings-Williams who was part of a picket line for house-to-house registration.
Asked about the possibility of the CCJ imposing an order for elections without house-to-house registration, Minister Hastings-Williams responded, “The CCJ cannot rule. Guyana has its own independent institution. Guyana is an independent country with its own independent laws… GECOM is the only authoritative body that will inform the government whether they are ready or not for elections…”
The Minister needs to be properly advised on how she should address the standing of the CCJ in the country’s legal architecture. The recently appointed Minister of Foreign Affairs, Dr Karen Cummings was also injudicious in her pronouncements. She said that while the Granger administration abides by the laws, “we must take care of our sovereignty.” Her remark suggested that any CCJ order that was adverse would be construed as a diminishing of the country’s sovereignty.
The statements by these ministers and others in the administration must be strongly condemned as they constitute attacks on the judiciary, the rule of law and constitutionalism. They also have the effect of inspiring disrespect for the judiciary which would include courts from the magistracy right up to the Guyana Court of Appeal. Additionally members of the public are likely to take cues from the postures of these ministers and this could lead to a ratcheting up of tensions on the street.
As the leader of all the country, not only his constituency, President Granger’s responsibility is to ensure the upholding of the rule of law and the sanctity of the decisions and orders of the CCJ. All eyes will be on him to set the example of respect.
