Under the constitution a president cannot gain executive power after he leaves office

Dear Editor,

I saw this coming a long time now. I wrote about this subterfuge. Guyanese have to stand firm on this one. Now that Mr Ramotar has confirmed that he is open to Mr Jagdeo playing a role in cabinet, the people of this nation have to strongly object to this abuse of the constitution if it is ever attempted. The possibility of any cabinet minister being appointed by the president as prime minister prevents Mr Jagdeo from serving in cabinet. The possibility of all members of cabinet excepting the former president being unable for some unlikely reason to function would place the ex-president in the president and prime minister’s chair, and makes such appointment a violation of the constitution. Granting executive power through cabinet to an ex-president warrants intense constitutional scrutiny.

The presidential term limit was created to prevent an ex-president from assuming further executive power. The integrity of the constitution, voters’ political expression and the presidency are tarnished when an ex-president returns to executive authority after he has been constitutionally barred from it. Particularly if that return is under a former protégé or someone who served under him in government or was his subordinate in his political party.

Mr Jagdeo cannot ever become prime minister because the prime minister must be elected and it is evident that Mr Jagdeo cannot be named on any PPP list. This means that Mr Ramotar would have to appoint Mr Jagdeo to cabinet as an unelected minister. Considering there was no internal election within the PPP to select Mr Ramotar; the PPP failed to involve the general membership; Mr Ramotar was seen on and sometimes speaking at official visits with Mr Jagdeo even before he announced his candidacy; and the President’s influence within the PPP, this would raise serious questions of constitutional violation, abuse of office of the presidency, undue influence, undermining and conflict of interest. One has to wonder who will really be in charge. The people who vote for Mr Ramotar have to ask themselves whether they are really voting for someone who is his own man. In this season of change where voters are desperate for a new start, we are going to witness the continuation of the same old situation if Mr Jagdeo sits as a cabinet minister and is allowed to dominate the country from within. Nothing’s going to change. It is particularly troubling where an ex-president still commands the loyalty of key institutions such as the armed forces and judiciary and sits in cabinet. This entire scenario clearly contradicts the intent of the presidential term limit and in doing so contradicts the constitution, which really wanted to prevent domination by any individual.

Democracy would be gravely threatened by any appointment of an ex-president to any position of executive power. It would amount to fraud upon the electorate who voted on the understanding of constitutional integrity and presidential performance without any influence and interference. The bottom line: the constitution is clear that a President cannot ever gain executive power after he leaves office.

Yours faithfully,
M Maxwell