Three weeks after he committed to provide evidence that he had reached out to Opposition Leader Aubrey Norton eight times in an attempt to fulfill his constitutional mandate, President Irfaan Ali is yet to deliver on the promise.
However, the Opposition Leader has produced five letters, two of which were sent to Shadow Minister of Legal Affairs, Roysdale Forde, by Minister of Governance, Gail Teixeira, and two responses, all pertaining to one issue and that was the appointment of the members of the Public Service Commission.
The other letter produced by Norton is a response from the Opposition Leader to the President, dated June 23rd and references to a June 19th letter sent by Teixeira, informing that Ali had proposed consultation for three persons to be appointed to the PSC.
The Sunday Stabroek had reached out to Director of Press and Publicity in the Office of the President, Suelle Findlay-Williams, who had in the first week after Ali’s claim pointed out that the President was overseas and when he returned would address the issue with him.
The next week she was asked to speak with the President and provide a response on the matter. But, up to yesterday, the President’s Office was yet to provide any of the referenced letters.
This newspaper had also followed up with the President himself but up to press time had not gotten a response.
On September 9, the President had told a press conference he had hosted at State House, that he believed that he had fulfilled his constitutional responsibility as it relates to reaching out to the Leader of the Opposition, as he had done so some eight times.
“For a matter of fact, I formally reached out to the Leader of the Opposition on eight occasions, between April 2022 to June 2023, in relation to fulfilling my duties, in accordance with what the Constitution requires. So, you would not find me wanting when it comes to fulfilling my constitutional mandate because I believe strongly in constitutional rule, and upkeeping the Constitution of our country”, he said in response to a question from Stabroek News.
Pressed for details on the announcement, the President promised this newspaper that he would release the letters to prove that he making efforts to reach out to the Opposition Leader for dialogue.
Asked for information on the times he sent the letters, Ali said that he could not remember each but that he would ensure his office shares them. “I can share with you the letters; they are already in the public domain. I can share with you all the communication in relation to that. I can have the office share that with you because I can’t go through that now,” he said.
“Let me say to you: I have fulfilled my constitutional mandate and I intend to continue to do so,” he added.
Asked if he would formally write Norton to have dialogue, Ali responded that he did not see why after exhausting measures firstly, that Norton could not be the one to now reach out.
“Now I don’t understand why this burden is at my foot because I am saying to you that I have fulfilled all my constitutional mandates with regard to the Leader of the Opposition”, he said
“As I have said… what stops him from calling?” he asked.
The President also questioned what would he need to write to Norton about. “On what?”
Told that there are a range of issues, Ali replied, “I don’t know if the Leader of the Opposition gave you a list, but I can say to you I don’t know. I can’t speak in abstract. On all the dialogue that deals with the constitution, I have executed my mandate. And every time it is required of me to engage based on the constitution, you can rest assured that I will.”
The President has virtually ruled out engaging Norton on other national political issues, instead confining his willingness to meet as required by the Constitution.
It is because he said that he had engaged Norton eight times already, that Ali said that he does not see why he should again reach out to him and he does not see why the Opposition Leader could not call him.
The Constitution provides for consultations between the President and the Opposition Leader on matters such as the appointment of a Police Commissioner, the Service Commissions and the Chancellor of the Judiciary and the Chief Justice.
Last week the President briefed Norton on matters pertaining to Venezuela’s ratcheting up of tensions over Essequibo.
Timeline
The first letter is dated June 23rd and is addressed to the President and signed by the Leader of the Opposition.
In that letter, Norton acknowledges receipt of a letter dated June 19. He tells Ali it was, “written on your behalf by Minister of Parliamentary Affairs, Ms. Gail Teixeira, informing me that in accordance with Article 200 (1) (A), his Excellency President Mohammed Irfaan Ali proposes for consultation the following persons to be appointed members of the Public Service Commission; Maurice Rudranaugth Gajadgar, Ms Melcita Bovell, and Mrs Leila Ramson.”
Further, the letter states, “His Excellency intends to make a decision with respect to the persons to be appointed pursuant to article 200 (1) (a) on or before 31st June 2023,” the letter adds.
Norton however pointed out that June only has 30 calendar days and sought clarity on the day the decision would be made.
He noted that “the time given for preparation of meaningful consultation was inadequate and did not give enough time for background checks of the candidates so as to give informed decisions.
Norton also objected to Bovell and Ramson on the commission as he posited that they “have a history of involvement in partisan politics or close links to a political party or political party senior operatives.”
It is in that letter that he informed the President he was appointing Roysdale Forde to be his representative and it would mean that Forde would be the point of contact.
The next letter was written on June 27, by Teixeira to Forde who referenced Norton’s June 23 letter to the President, as she pointed out that Forde had been appointed.
Teixeira addressed the concerns expressed by Norton to the President, of his choices of the PSC Commissioners and said that she was given instructions for the reply.
The letter stated that Leila Ramson had served on the independent Teaching Service Commission
Since 1994 and then 10 years after as Chairperson of the said commission “all without legal challenge”.
With regards to Bovell, she wrote that “no details were provided that would permit either interrogation or a considered response.”
As it related to date, Teixeira said that it was a clerical error and it was meant to be June 30th.
On the 28th of June, Forde replied to the June 27th correspondence and the objection to Bovell and Ramson were again put forth and the time given for consultations were short. “As noted in our earlier letter, the time stated for the Leader of the Opposition to provide a response was inordinately short and most unreasonable. If the aim is to have an independent Commission in keeping with democratic traditions, then adequate time should be given to allow each candidate to face the investigative crucible. Failure to do so would render the consultation meaningless,” he stated.
The last letter was on June 29th from Teixeira and she told Forde that she had shared the June 28th letter with the President and he instructed her response, that the names of the persons proposed were just and that Ali had given another week for the conclusion of the consultations.
“His Excellency maintains that the time afforded is adequate, having regard to the public stature. Qualifications and experience of these persons…,” the letter said.
“Notwithstanding and having regard to the request made for more time, the date for the likely conclusion of this exercise has been shifted to 6th July 2023,” the letter added.
The last letter was from Forde to Teixeira and dated 5th July 2023. As he referenced the June 29th letter, Forde said that as government was not shifting from its position that Bovell and Ramson were ineligible candidates, it gives the Opposition Leader no rationale to change from his position of non-support.
“In the circumstances. You provided no new information to lead the Leader of the Opposition to arrive at any rational basis upon which he can change his position on the nominations of Ms. Leila Ramson and Ms. Melcita Bovell,” Forde stated.
The communication between the two sides ended there.
The PSC Commissioners were appointed on July 13.
