Well done judges and magistrates, do not be intimidated

Dear Editor,

I believe that one of the greatest tests for Guyana and Guyanese, over the past two decades perhaps, was the passing of the No Confidence Motion (NCM) in Parliament on the 21 December, 2018. Two significant signs of growth in our society include; the maturity of the people and the strength of some institutions. The passing of the NCM has made these more evident.

The day after the NCM was passed and ever since, it has been business as usual, well for the most part; people were still getting about their business. If one was to conduct a survey, I am sure that a number of factors would be responsible for this calm, but one factor is definitely that we have matured as a people.

I also believe that social media played a major role by creating the space for citizens to vent, express themselves, laugh at themselves and essentially, transmit information.  So many persons, instead of taking to the streets, took to social media to express themselves.

The role and strength of some institutions was also major in ensuring that the country did not fall apart. The functioning of two Arms of Government is severely affected by the passing of the NCM. The ability of the Executive Arm to function is restricted and the Legislature for the most part was non-functional; it is not business as usual as it relates to the governance of the country. Here is where I would like to highlight the role of the Judiciary as the third Arm of Government and the critical role it is playing in enforcing and upholding the Rule of Law in an effort to ensure that there remains a sense of stability in the country.

The response from the Judiciary is commendable. But let me revert to the Speaker of the National Assembly who upheld the NCM and effectively transferred the matter to the Judiciary for interpretation. This was no doubt a tough decision but nevertheless, one that showed the highest level of professionalism.

The Executive Arm of the Government sought a Judicial review on the validity of the NCM in the High Court. The Chief Justice’s decision was essentially that the NCM was validly passed. The Executive Arm proceeded to the higher Court, the Court of Appeal, where two of the three Judges ruled that 34 votes constituted an absolute majority and was required to pass the NCM, instead of 33; one Judge dissented. The Opposition PPP/C appealed the decision to the highest court, the Caribbean Court of Justice (CCJ) and the CCJ ruled in favour of the Opposition, noting that 33 votes constitutes a majority for the passing of the NCM in the 65 seat Parliament.  We now await the CCJ’s decision on the consequential orders today.

The CCJ also ruled that President Granger’s unilateral appointment of a Chairman of the Guyana Elections Commission (GECOM) was flawed, in other words it was unconstitutional. The Chairman of GECOM, Rev. Retired Justice Patterson has since resigned from that position.

Since human behaviour is unpredictable, society created laws and rules as a part of the construct of the society, to limit the behaviour of individuals and institutions. I think the Judiciary stood tall and played a tremendous role in preventing the society from disintegrating, by upholding the Rule of Law which is the authority and influence of the law that serves to constrain the behaviour of individuals from the Executive and Opposition as well as other institutions and the people as a whole.

Additionally, we have seen positive signs of an emerging Judiciary which augurs well for the growth and sustainability of Guyana, providing that it is allowed to assert its independence. On 24 June, Justice Priya Sewnarine-Beharry ruled that Finance Minister Winston Jordan  be jailed for 21 days if he fails to comply with a previously issued court order to pay Trinidad construction company Dipcon the more than US$2 million owed to it by the government for road construction works.

On 5 July, a Full Court comprising Justices Simone Morris-Ramlall and Diana Insanally refused to grant a stay of Justice Sewnarine-Beharry’s order to the Attorney General Basil Williams who was representing Minister Jordan. On 8 July, President David Granger granted a respite to save the Minister of Finance from imprisonment.

Four years ago, in April of 2015, Former President and Opposition Leader Bharrat Jagdeo had been summoned to appear in an East Berbice court to answer a private criminal charge by then Magistrate Charlyn Artiga at the Whim Magistrate’s Court. It was alleged that Mr. Jagdeo had made statements which were believed to be in violation of one of Guyana’s electoral laws, The Representation of the People Act

In May, 2018, Chief Justice Roxane George had ordered the Attorney-General to bring the long-delayed Judicial Review Act into force no later than July 31st, while finding that his failure to do so thus far was unlawful and in violation of the will of the Parliament. The National Assembly had approved the Judicial Review Bill since October 2010. Subsequently, in the Court of Appeal  Justice Rafiq Khan dismissed a request for a stay of execution application by the Attorney General and Minister of Legal Affairs.

These are positive signs and the impact of strong institutions and upholding the Rule of Law for the stability of the country, even in difficult times of political uncertainties and despite the authority of the parties involved in the matters.

To the Judges and Magistrates well done! Do not be intimidated, this strong posture is absolutely critical for the ‘Oil and Gas Guyana’.

Yours faithfully,

Audreyanna Thomas