Dear Editor,
I have seen arguments that economic factors do not enter into the equation when determining the law and to some acceptable extent this may be true, but certainly cannot apply when the nation’s development is put at stake. Judges also cannot operate in a vacuum with disregard for the consequences of their interpretation of the letter of the Law; more so the detriment of the nation’s economic well-being. Guyana’s Judiciary is one member of the three branches of Government, the other two are elected (Executive, Legislative). Nature abhors a vacuum and in the absence of decisive actions by the Executive and Legislative branches of Government, the Judiciary is attempting to fill the space; how else can we explain a Judge making an order that threatens to shut down one of Guyana’s oil platforms? It is an overreach and an encroachment on the functions of the executive, who manage the affairs of the nation. To be pellucid, I am placing the blame for the current wobble in the economic stability on all three branches of Government.
The Irfaan Ali Executive Administration seems to be frozen like a deer caught in the headlights waiting on the unelected Judiciary to make decisions based on outdated and/or ambiguously worded laws; the Executive’s sloth in making the changes needed in our Laws to recognize that Guyana is now an oil-producing nation and enable the smooth and stable development of the industry is gross negligence and cedes authority by inaction. The Laws of a nation are not set in stone and must be constantly adapted to best suit the needs of our people. Why are we expending an extraordinary amount of time and energy trying to fit a new man in a flawed old suit? Is it not wiser to visit the tailor and cut new cloth?
The Judiciary is not without fault; one can argue easily that if politics can affect a decision, so can economics; the courtroom is not a pristine environment, it affects the well-being of the nation and that must factor into decision-making. For a judge to threaten to revoke the Liza 1 permit upon which our nation’s prosperity is being built is in my opinion, overreaching and reflective of poor cognizance of the ‘big picture’. The Judiciary depends on the other arms of Government to enforce any/all orders it makes. When the Executive finds an order unpalatable they appeal, however, has anyone thought of the consequences of a CCJ order upholding the cancellation of the Liza Permit? Who enforces? And can this undermine the judiciary in the long term?
The Legislature is also not without blame, to compare it to a ‘fish market’ denigrates the market; the debates are more about the quality of insults than the quality of information about policy, spending, and rationale; it is a joke being played at great expense to the nation. This constant gamesmanship by those elected by 464,563 has allowed our nation to be held hostage to the actions of a couple dozen unelected, self-appointed ‘civil society’ posers. A bipartisan approach is needed as a matter of some urgency, it requires leadership, and Leader of the Opposition, Aubrey Norton has been found wanting to date; he is yet to make a speech of any note in (or out) of Parliament and has offered “I will let you know my thoughts on oil closer to the general elections”. That is indicative of a man unsure of himself and guided by lust for power, bereft of thought on policy and action required by the higher office.
Editor, we elect an Executive President to administer, formulate and execute policies for the benefit of the people, Irfaan Ali is given the mandate to make decisions, in the event he is unsure of the will of the people, he can ascertain this by various interactions (Town halls, polls, etc.) and in extreme cases, through a national referendum. It is the President’s job to make decisions, popular or unpopular, what he cannot do is relinquish that obligation to the (unelected) judiciary and/or wait on a wayward legislature to find direction and purpose. The country needs its Executive President to assert his authority now before those rushing in, take up permanent residence in his clubhouse.
Sincerely,
Robin Singh
