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FM
Former Member

Court clears way for Jagdeo re-election bid

-says term-limit unconstitutional

Acting Chief Justice Ian Chang this afternoon ruled that the presidential term limit is unconstitutional, clearing the way for former president Bharrat Jagdeo to make another run for the presidency.

The judgment, which was handed down in chambers in the High Court, was made on a petition brought by a citizen, Cedric Richardson, who had contended that amendments to the constitution to allow for re-election only once restricted the voters’ choice of candidates and such a restriction could only be effected through a referendum.

The term limit was put in place by virtue of Act No. 17 of 2001, which added two clauses to the 1980 constitution to allow for re-election only once. Clause 2 of Article 90 of the Constitution states, “A person elected as President after the year 2000 is eligible for re-election only once,” and Clause 3 states, “A person who acceded to the Presidency after the year 2000 and served therein on a single occasion for not less than such period as may be determined by the National Assembly is eligible for election as President only once.”

Richardson’s challenge was initiated in February, just three months before Guyanese headed to the polls on May 11 and its timing raised questions about his motives.

The 50-year-old West Ruimveldt resident, was represented by attorney Shaun Allicock, who previously described his  client as a Guyanese who  felt that his constitutional rights have been affected by the amendments.

Jagdeo, who was elected in 2001 and 2006, has repeatedly maintained that he is not interested in a third term. Although feelers have been put out to gauge public support for a re-election bid in spite of the restriction, he has distanced himself from these efforts.

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Jagdeo is NOT going to get elected again he is damaged goods. A good in-depth forensic audit should put him to rest for a long time. This government needs to bring ABC auditors on board to use the most sophisticated tools available. Ram and Goolsarran cannot do it. Read Oscar Ramjeet's letter and use his advice.

 

Term limits are there to prevent dictatorship like in the Burnham days. The Constitution was poorly amended by dunces. There should have been a Referendum to make the amendments hold.

 

If term limit is found to be unconstitutional then this clause has to be unconstitutional:

Article 90 of the Constitution provides for the election to the office of the President as follows: 
A person shall be qualified for election as President and shall not be so qualified unless he is ... is residing in Guyana on the date of nomination for election and was continuously residing therein for a period of seven years immediately before the date.

 

This is the Rupert Roopnarine Article that makes overseas based Guyanese second class citizens.

FM
Last edited by Former Member

Y'all nah tek worries. Jagdeo go change he name legally thru deed poll to Bharrat Jagan and mek heself presidential candidate in 2020.

Same way some convicted criminals does change dem identity and start fresh.

FM
Originally Posted by VVP:

Jagdeo is NOT going to get elected again he is damaged goods. A good in-depth forensic audit should put him to rest for a long time. This government needs to bring ABC auditors on board to use the most sophisticated tools available. Ram and Goolsarran cannot do it. Read Oscar Ramjeet's letter and use his advice.

 

Term limits are there to prevent dictatorship like in the Burnham days. The Constitution was poorly amended by dunces. There should have been a Referendum to make the amendments hold.

 

If term limit is found to be unconstitutional then this clause has to be unconstitutional:

Article 90 of the Constitution provides for the election to the office of the President as follows: 
A person shall be qualified for election as President and shall not be so qualified unless he is ... is residing in Guyana on the date of nomination for election and was continuously residing therein for a period of seven years immediately before the date.

 

This is the Rupert Roopnarine Article that makes overseas based Guyanese second class citizens.

 

Agree 100pc with all you wrote. If the PPP was really bright they'd sue for overseas voting since the Constitution allows ALL Guyanese to vote even those abroad but the Representation of the People Act along with GECOM does not facilitate this fundamental constitutional right.

FM
Originally Posted by VVP:
Originally Posted by baseman:

The way things going with PNC/AFC, even Ramotar could get re-elected.

We had two antimen in a row that's enough.

 

We got 32 now. We doubling down.

FM

This ruling will hold no question about it. Article 164 required a Referendum to pass changes to Article 90. The dunces thought that because everybody was on board everything was all right. Here is Article 164 read it:

Article 164 reads as follows:-

(1) Subject to the provisions of paragraphs
(2) and (3), a Bill for an Act or Parliament to alter this Constitution shall
not be passed by the National Assembly unless it is supported at the final
voting in the Assembly by the votes of a majority of all the elected members of the Assembly.

(2) A Bill to alter any of the following
provisions of the constitution, that is to say-

(a) this article, Articles 1, 2, 8, 9, 18, 51,
66, 89, 99 and 111; and

(b) articles 3, 4, 5, 6, and 7, 10-17
(inclusive), 19 to 49 (inclusive), 52 to 57 (inclusive), 59, 60, 62, 63, 64,
65, 67, 68, 69, 70, 72 (in so far as it relates to the no of regions), 90-96
(inclusive), 98, 108, 110, 116, 120 to 163 (inclusive, but excepting articles
173, 185, 186, 192 (2) and (3) and 193), 222, 223, 225, 226, 231, and 232 (excepting the definition of financial year)
shall not be submitted to the President for his assent unless the Bill, not less than two and not more than six months after its passage through the National Assembly, has, in such a manner as Parliament may prescribe, been submitted to the vote of the electors qualified to vote in an election and has been approved by a majority of the electors who vote on the Bill:

 

Provided that if the Bill does not alter any of the provisions mentioned in subparagraph (a) and is supported at the final voting in the Assembly Assembly by the votes of not less than two-thirds of all the elected members of the Assembly it shall not be necessary to submit the
Bill to the vote of the electors.

FM
Last edited by Former Member
Originally Posted by baseman:

The way things going with PNC/AFC, even Ramotar could get re-elected.

100 days is not up yet and APNU is in deep water. Crisis after crisis.

 

They campaigned on a platform on change, they better act fast and at least appear to deliver. People have little patience and sympathy for politicians.

 

The Guyana economy is headed for a recession or at least a major slowdown and with the rice and sugar industry in deep deep crisis, things are looking good for Jagdeo right now.

 

President Granger must act fast and drop all deadweight ministers. Harmon should focus on the economy and consensus building rather that appearing to be on a witch hunt.

 

I spoke with a few businessmen during a recent trip to NY and they are not upbeat right now. APNU must create an atmosphere of encouraging businesses to invest. This may sound cruel but Indos have a lot of money to invest and APNU must not make the same mistake that Burnham and the PNC did.

 

Very interesting times ahead.

FM
Originally Posted by Cobra:
The court will also ruled that the election is null and void.

Different story...nat going to happen unless they pay me and Chang enough   Seriously, the PNC will be a jackass to allow Chang alone to rule on that case...that is beyond just Constitutional issues.  To be fair Chang seems to rule fairly on Constitutional issues.  However, if he is the only one and rules in favor of the PPP that will be challenged at the Caribbean Court of Justice, guaranteed.

FM
Last edited by Former Member
Originally Posted by yuji22:
 

I spoke with a few businessmen during a recent trip to NY and they are not upbeat right now. APNU must create an atmosphere of encouraging businesses to invest. This may sound cruel but Indos have a lot of money to invest and APNU must not make the same mistake that Burnham and the PNC did.

 

Very interesting times ahead.

Not upbeat because the cannot run their corrupt schemes.  What changed so far under Granger in a negative way?

FM

I also met with some investors, they were upbeat on Granger and gearing up to invest in commercial milk production in Moblissa and pineapple growing an canning on Soesdyke-Linden highway.  They have the funding, studies, business plan and ready to make the proposal and get license.  They have now held off until they see stability.  Confidence gone sour, just like the milk.

FM
Originally Posted by baseman:

I also met with some investors, they were upbeat on Granger and gearing up to invest in commercial milk production in Moblissa and pineapple growing an canning on Soesdyke-Linden highway.  They have the funding, studies, business plan and ready to make the proposal and get license.  They have now held off until they see stability.  Confidence gone sour, just like the milk.

Very accurate. Confidence is something that APNU lacks. I was extremely upbeat when APNU won, it has all gone sour. Harmon is the wrong man for the job, too confrontational. 

 

President Granger needs to appoint a better salesman and start attracting investors. 

 

Things ain't looking too good for APNU right now. Jagdeo is lining up his cards.

FM
Originally Posted by baseman:

I also met with some investors, they were upbeat on Granger and gearing up to invest in commercial milk production in Moblissa and pineapple growing an canning on Soesdyke-Linden highway.  They have the funding, studies, business plan and ready to make the proposal and get license.  They have now held off until they see stability.  Confidence gone sour, just like the milk.

Stability in what?  Crime rate?  That's understood.  Why has "confidence gone sour?"

FM
Originally Posted by yuji22:
Originally Posted by baseman:

The way things going with PNC/AFC, even Ramotar could get re-elected.

100 days is not up yet and APNU is in deep water. Crisis after crisis.

 

They campaigned on a platform on change, they better act fast and at least appear to deliver. People have little patience and sympathy for politicians.

The change was to remove the PPP/C and replace it with a PNC government deeply rooted with numerous individuals under the Burnham's rule from 1964 to 1992.

FM
Originally Posted by baseman:

I also met with some investors, they were upbeat on Granger and gearing up to invest in commercial milk production in Moblissa and pineapple growing an canning on Soesdyke-Linden highway.  They have the funding, studies, business plan and ready to make the proposal and get license.  They have now held off until they see stability.  Confidence gone sour, just like the milk.

Correct.

FM
Originally Posted by yuji22:
President Granger needs to appoint a better salesman and start attracting investors. 

 

Things ain't looking too good for APNU right now.

They have lined up all their best in various positions.

FM
Originally Posted by VVP:
Originally Posted by baseman:

I also met with some investors, they were upbeat on Granger and gearing up to invest in commercial milk production in Moblissa and pineapple growing an canning on Soesdyke-Linden highway.  They have the funding, studies, business plan and ready to make the proposal and get license.  They have now held off until they see stability.  Confidence gone sour, just like the milk.

Stability in what?  Crime rate?  That's understood.  Why has "confidence gone sour?"

Well, you go convince them. They have the dough, Guyana needs the investment. They are doing pretty well in the US.

FM
Originally Posted by VVP:
Originally Posted by yuji22:
Originally Posted by baseman:

 Jagdeo is lining up his cards.

I think he is shopping for mattress for Lat 12 

Not a single PPP will get problems except Ms Westford.  But she will get out.  That stupid charge against BJ is all but thrown out when the judge returns.  The Whim judge has been asked to submit why she felt the charge was warranted to be accepted.  The HC has doubts it met the criteria.

 

He will be sleeping in Prado 2, flying in first class and staying at 5-star.  That banna wutliss no ass.

FM
Originally Posted by baseman:
Originally Posted by VVP:
Originally Posted by baseman:

I also met with some investors, they were upbeat on Granger and gearing up to invest in commercial milk production in Moblissa and pineapple growing an canning on Soesdyke-Linden highway.  They have the funding, studies, business plan and ready to make the proposal and get license.  They have now held off until they see stability.  Confidence gone sour, just like the milk.

Stability in what?  Crime rate?  That's understood.  Why has "confidence gone sour?"

Well, you go convince them. They have the dough, Guyana needs the investment. They are doing pretty well in the US.

I am just asking the questions.  Can't you answer them?

FM
Originally Posted by Gilbakka:

Y'all nah tek worries. Jagdeo go change he name legally thru deed poll to Bharrat Jagan and mek heself presidential candidate in 2020.

Same way some convicted criminals does change dem identity and start fresh.

He can change it to Jay Bharrat. Come to think of it, GNI's Jay Bharrat is also kinda whiny, womanish and like to buze.

FM
Originally Posted by yuji22:
100 days is not up yet and APNU is in deep water. Crisis after crisis.

 

They campaigned on a platform on change, they better act fast and at least appear to deliver. People have little patience and sympathy for politicians.

 

The Guyana economy is headed for a recession or at least a major slowdown and with the rice and sugar industry in deep deep crisis, things are looking good for Jagdeo right now.

 

President Granger must act fast and drop all deadweight ministers. Harmon should focus on the economy and consensus building rather that appearing to be on a witch hunt.

 

I spoke with a few businessmen during a recent trip to NY and they are not upbeat right now. APNU must create an atmosphere of encouraging businesses to invest. This may sound cruel but Indos have a lot of money to invest and APNU must not make the same mistake that Burnham and the PNC did.

 

Very interesting times ahead.

What move by Burnham and the PNC was so offensive to the "Indos with a lot of money", eh? You all were richer and fatter at the end of Burnham's reign because of your smuggling and black marketing to yuh mattie! More than half alyuh had PNC card. So spare us the bullshit!

FM
Originally Posted by yuji22:
Very accurate. Confidence is something that APNU lacks. I was extremely upbeat when APNU won, it has all gone sour. Harmon is the wrong man for the job, too confrontational. 

 

President Granger needs to appoint a better salesman and start attracting investors. 

 

Things ain't looking too good for APNU right now. Jagdeo is lining up his cards.

Look at this lying lil antiman!!!!! Up to the day of the election he was guaranteeing a huge PPP victory and PPP milk and honey for 100 years. But NOW, the lil antiman says he was extremely "upbeat" when APNU won. huh? WTF is wrong with that picture? Lying lil antiman, now come talking more shit, pretending that he not racist.

FM
Last edited by Former Member

I a not sure that the court can overrule the constitution on matters of presidential terms. Chung is also a PPP sympathiser,with questions being raised about his acquired wealth, given his salary as a judge.

The other issue is that there have been riots in many other countries where former presidents forced a third term onto the citizens.

Mr.T
Originally Posted by Mr.T:

I a not sure that the court can overrule the constitution on matters of presidential terms. Chung is also a PPP sympathiser,with questions being raised about his acquired wealth, given his salary as a judge.

The other issue is that there have been riots in many other countries where former presidents forced a third term onto the citizens.

Mr. T.

 

I am not sure you are in a position to overturn the ruling.  What we should be doing is to encourage Basil Williams to take the thing to the CCJ.

FM
Last edited by Former Member

Excerpts from SN 7/10/15

 

In addition to allowing Jagdeo to seek re-election, Justice Chang’s ruling also appears to enable persons who have become Guyanese citizens by virtue of registration to run for president, as well as to invalidate a requirement that candidates be resident in Guyana on nomination day and for at least seven years prior.

 

According to Justice Chang’s ruling, while there is no doubt that Parliament could have altered Article 90 by a two-thirds majority of all the elected members of the National Assembly, by virtue of the fact that the alterations diluted and further restricted democratic sovereignty, the holding of a referendum was required.

FM
Originally Posted by VVP:

Excerpts from SN 7/10/15

 

In addition to allowing Jagdeo to seek re-election, Justice Chang’s ruling also appears to enable persons who have become Guyanese citizens by virtue of registration to run for president, as well as to invalidate a requirement that candidates be resident in Guyana on nomination day and for at least seven years prior.

 

According to Justice Chang’s ruling, while there is no doubt that Parliament could have altered Article 90 by a two-thirds majority of all the elected members of the National Assembly, by virtue of the fact that the alterations diluted and further restricted democratic sovereignty, the holding of a referendum was required.

I don't think the bold above is correct.  Guyana Constitution prior to this amendment required you to be a born citizen...from my memory.

FM
Originally Posted by Itaname:
Originally Posted by yuji22:
100 days is not up yet and APNU is in deep water. Crisis after crisis.

 

They campaigned on a platform on change, they better act fast and at least appear to deliver. People have little patience and sympathy for politicians.

 

The Guyana economy is headed for a recession or at least a major slowdown and with the rice and sugar industry in deep deep crisis, things are looking good for Jagdeo right now.

 

President Granger must act fast and drop all deadweight ministers. Harmon should focus on the economy and consensus building rather that appearing to be on a witch hunt.

 

I spoke with a few businessmen during a recent trip to NY and they are not upbeat right now. APNU must create an atmosphere of encouraging businesses to invest. This may sound cruel but Indos have a lot of money to invest and APNU must not make the same mistake that Burnham and the PNC did.

 

Very interesting times ahead.

What move by Burnham and the PNC was so offensive to the "Indos with a lot of money", eh? You all were richer and fatter at the end of Burnham's reign because of your smuggling and black marketing to yuh mattie! More than half alyuh had PNC card. So spare us the bullshit!

I guess you don't get it.  Where(If) ever you lived in Guyana was a million miles from the life of the average Indian in Guyana under PNC tyrany.  Anyway, it does not matter, it is what it is.  What I can say, the PPP today is far more potent and powerful than the PPP pre-1992.  HE Granger has honorable intentions and many want to cooperate however, if he don't rein in the racist Burnhamite faction who wants to re-establish the old order, he will become collateral damage.  If he cares about his legacy, he needs to reverse some of the victory-euphoric actions and revert to his campaign mantra, an inclusive leader.  He will be given the chance, but people will not wait too long.  Granger has made some mis-steps and thus the rapid repercussions, including the Venezuela fiasco, a monumental error.

FM
Originally Posted by Mr.T:

I a not sure that the court can overrule the constitution on matters of presidential terms. Chung is also a PPP sympathiser,with questions being raised about his acquired wealth, given his salary as a judge.

The other issue is that there have been riots in many other countries where former presidents forced a third term onto the citizens.

Understand the judge's position, this was a law, but not constitutional as there never was a referendum with 2/3 majority required to write it into the constitution.  According to the judge, such change requires such an action.  The rest of your post is just poppy-cock.

FM

The PNC will allow this as they are not afraid of Jagdeo.  Bad mistake.   The AFC will lose all indian support should there be another election in the near future. Indians now see how racist the PNC government is.  Don't ever think that 50% support for the PPP will disappear overnight and the PNC proved themselves to be prejudice against the Indian people. 

R

I think this may be a very wrong ruling and must be overruled in some way. There has to be strict term limits when it comes to this job.  There should only be one Presidential term of 6 years. You cannot run for the office again after that. The of nature of Guyana politics causes the job to bring with it severe mental stress and psychological issues.  

Wally
Originally Posted by Wally:

I think this may be a very wrong ruling and must be overruled in some way. There has to be strict term limits when it comes to this job.  There should only be one Presidential term of 6 years. You cannot run for the office again after that. The of nature of Guyana politics causes the job to bring with it severe mental stress and psychological issues.  

That is your opinion and your are entitled to it.  I hope you see how asinine it sounds. 

R

This is BAD for the PPP because Jagdeo has strong armed himself to lead the PPP.  The PPP will lose again with Jagdeo as their Presidential candidate in 2020. Guyana is changing and there will be less tolerance of racist politics in 2020 than today.

FM
Originally Posted by KishanB:
Originally Posted by Mr.T:

I a not sure that the court can overrule the constitution on matters of presidential terms. Chung is also a PPP sympathiser,with questions being raised about his acquired wealth, given his salary as a judge.

The other issue is that there have been riots in many other countries where former presidents forced a third term onto the citizens.

Mr. T.

 

I am not sure you are in a position to overturn the ruling.  What we should be doing is to encourage Basil Williams to take the thing to the CCJ.

 

Well Sase, just write a letter in Chronicle and it will be so

 

Chronicle is where real powa is at

FM
Originally Posted by TK:

During the last election everybody in the PPP understood that they were not necessarily working towards winning the election but to make sure Jagdeo gets his third term.

Jagdeo can run again BUT he is NOT getting a third term.  He lost the last 2015 election (even though he was not the presidential candidate) and with all the dirt that will be dug up on him I doubt whether he will get any major support next time around.  The coalition has to really screw up for him to get a chance.  Then again there might be another major party in the race next time around.

FM

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