Dear Editor,
Thank you for publishing my July 10,2024 letter as it summoned an immediate response from GECOM. On the very day, July 10, 2024, Ms. Yolanda Ward, GECOM’s Public Relations Officer, issued a press statement exonerating GECOM from the current katzenjammer involving Asha Kissoon. Thank you, Ms. Ward, for your explicit statement on GECOM’s position. The press release also stated that this issue is being “actively” pursued by the commissioners. Well…since when? This issue reared its head, in the public domain, since March 2024 – more than 90 days ago. And, pray tell, how long more before the public is illuminated with a statement originating from GECOM?
Having absorbed GECOM’s statement, I delved into the Guyana’s Constitution and the revised December, 2022, Representation of the People Act (RoPA) passed in Parliament. The amended RoPA was/is designed to further discourage electoral abuse whilst promoting transparency. This I laud.
However, in perusal of our Guyana’s Constitution, Article 156 outlines the conditions under which a Member of Parliament (MP) can vacate his/her seat, resignation, defection etc. For precise reference, below is the full text as it relates to the current imbroglio with Asha Kissoon squatting in Parliament and the BOLDED #4 for a continuation of my narrative.
ARTICLE 156: Tenure of Seats of Members of the National Assembly
1. A member of the National Assembly shall vacate his or her seat if:
– He or she resigns it by writing under his or her hand addressed to the Speaker or, if the office of Speaker is vacant or the Speaker is absent from Guyana, to the Deputy Speaker;
– He or she ceases to be a citizen of Guyana;
– He or she is absent from the sittings of the Assembly for such period and in such circumstances as may be prescribed in the rules of procedure of the Assembly;
– In the circumstances specified in article 155(1) of the Constitution, he or she becomes disqualified for election as a member of the National Assembly.
2. A member of the National Assembly shall also vacate his or her seat if he or she becomes subject to any disqualification specified in article 155(1) of the Constitution.
3. Any member of the National Assembly elected on a list may, by writing under his or her hand addressed to the Speaker or, if the office of Speaker is vacant or the Speaker is absent from Guyana, to the Deputy Speaker, declare that he or she will support a party other than the party from whose list he or she was elected, or that he or she will no longer support any party. If such a declaration is received by the Speaker or Deputy Speaker, then the Speaker or Deputy Speaker, as the case may be, shall declare that the seat of the member is vacant, and thereupon the seat shall become vacant.
4. If the representative of the list from which a member of the National Assembly was elected, or the Leader of the List if there is no such representative, informs the Speaker in writing that the member has ceased to support the list from which he or she was elected, or has declared support for another list, the Speaker shall declare the seat of the member vacant, and thereupon the seat shall become vacant.
In a letter dated March, 14, 2024, in the public domain, Mr. Gerald Forde, Leader of the TNM List, wrote a letter to the current Speaker of the House, Mr. Manzoor Nadir and copied Asha Kissoon. Mr. Forde cited Article 156(3) (c) as the justification of the recall- and specified that “This serves to notify you of my decision as Representative of the List from which your name was purportedly extracted to recall you from your parliamentary seat with immediate effect”.
Effectuating the Standing Order of the Parliament of Guyana, I am not sure if the Current Speaker of the House, Mr. Nadir, has commenced dialogue /analysis of the situation, and acted forthwith, as there are several pieces in the Parliamentary Standing Orders that afford the Speaker of the House to extend balanced and fair communication with/to the public.
To date, no public statement has been made by the Speaker of the House, Mr. Nadir.
I reached out to the Clerk of the Assembly, Mr. Sherlock Isaacs who stated that, as of yesterday, he has not received any instructions on this issue.
Editor, I will continue to ventilate this issue, until a public statement is issued either by GECOM or the Speaker of the House, as taxpayers dollars are severely underutilized to pay Asha Kissoon’s salary for squatting in Guyana’s Parliament.
Respectfully,
Jonathan Subrian, Esq.
