President Granger needs to stop the charade and call elections
Dear Editor,
It is now 70 days since the no-confidence motion was passed on December 21, 2018. That means that there are only 20 days remaining for the constitutionally prescribed period for holding elections. However, observing the pronouncements of President Granger and the Ministers of his Government and his appointees to GECOM, including the self-proclaimed non-paladin James Patterson, one has to be forgiven for believing that such elections are due at the earliest, 20 months from now. Minister Ramjattan loosely introduces the doctrine of necessity, seemingly oblivious to the more basic doctrine of constitutionality while his colleague, Attorney General Mr Basil Williams is reported in another section of the media as stating that the “Constitution is wrong."
According to Mr Williams, it is GECOM’s duty and not that of the President to call elections. GECOM’s Chairman, on the other hand, claims that he is waiting on directions from the President to call elections and that in any case, GECOM does not have the funds to conduct those elections. Both statements demonstrate a remarkable level of ignorance or are clearly opportunistic and politically motivated, notwithstanding a statement made by one of the Attorneys-at-Law at the Court of Appeal Cases Management that the matters before that court were about the law. What the attorney did not state was that attorneys take their instructions from their clients, in this case the politicians, whose sole purpose and objective is to delay the holding of elections. This is not about the law – it is plain lawlessness.
As usual, facts and truths have taken a backseat, if not thrown out of the window completely. Granger said he has to govern until the next President is sworn in but ignores the fact that this is also linked to the holding of elections no later than March 21. Granger’s statement has been taken up by some of his ministers who ask what it is they are expected to do. Maybe Granger is too busy or too badly advised by the five lawyers in his now resigned Cabinet to have done any research on Article 106 (7) that allows the Government to remain in office for no more than 90 days.
That change was as a result of the constitutional reform process under the Herdmanston Accord and came to the National Assembly by way of Bill # 14 of 2000. And here I quote from the Explanatory Memorandum forming part of that Bill. It states that the alteration to Article 106 was “to provide for the resignation of the Cabinet and the President following the defeat of the Government in the National Assembly on a vote of confidence. Although defeated, the Government shall remain in office for the purpose of holding an election” (emphasis mine). Without digressing, here are some of the persons who by their Ayes, consented to the passage of that Bill: Khemraj Ramjattan, Moses Nagamootoo, Raphael Trotman, Volda Lawrence and Rupert Roopnarine!
In that sense Mr Editor, Opposition Leader Bharrat Jagdeo is correct in insisting that any further meeting with Granger must be to discuss the elections. I understand Jagdeo to be saying that under this broad heading there are consequential matters, such as the use of state resources by the APNU+AFC for political campaigning and access to the state media by all contesting parties, which must also be discussed and agreed. Having been a former Finance Minister, Jagdeo might no doubt take the opportunity to advise Granger and Patterson on the control and use of funds appropriated to constitutional bodies and on the existence and use of the Contingencies Fund.
The consequences of the cavalier disregard by Granger of his constitutional duty to call elections are too severe for our already fractured country. It is time that Granger stop the charade and start treating his oath of office to “honour, uphold and preserve the Constitution of the Republic of Guyana” with seriousness for the benefit of the country. It cannot be expecting too much of Granger that he shows some understanding of the implications and consequences of his failure.
Yours faithfully,
Christopher Ram