Dear Editor,
Chief Justice Mr Ian Chang, has ruled that it would be illegal for the opposition to unilaterally cut the nation’s budget because Guyana’s constitution does not permit or sanction it. The ruling from the court is directed to Speaker Rapfael Trotman who is always expected to follow the law. Any violation of the constitution is a violation of the supreme law of the land. Since no parliament is above the law neither are parliamentarians. No Speaker can risk contempt of court, violating the law and expect such contempt will be exonerated. As a lawyer he risks losing his licence to practise law. It also applies likewise to any other parliamentary lawbreaking lawyers to attempt contempt of court. The entire country cannot be held hostage by anyone claiming rights to proactive democracy. We will have begun the descent into anarchy where the rule of law has no validity, made especially so by parliamentarians.
Cutting the budget has now been judged illegal because the constitution says so. What’s so hard to understand? The opposition alone is not the National Assembly. Parliament is composed of the entire house including the President whose signature is required for an approved bill to become law. The checks and balances are in full motion in our fledgling democracy. The opposition has every right to appeal to the Court of Appeal and the Caribbean Court of Justice (CCJ).
When President Obama could not get his budget passed because the Republican majority blocked it, they caused the country to grind to a halt and the angry rising backlash prompted them to quickly come to their senses. Wouldn’t that be the best time to call the snap elections with the opposition holding the country to ransom?
Something major must be bugging the electorate for it to give the opposition enough clout in the 2011 elections. But obviously the elected PNC/APNU leader is not ready for dialogue or in complete control of all the growing dissatisfied troops. Unless civic society can influence our leaders to compromise among themselves Guyana’s sovereignty will always be vulnerable. A supposedly superior PNC/APNU/WPA/AFC must decide if they want theoretical democracy or the real deal. Violation of the laws of Guyana does not give qualification or promotion to become the replacement government to make more laws which no one will follow when they are guilty of violating the supreme law of the land, ie, the Constitution.
The Chief Justice has also ruled that even parliament is not above the law. Parliamentarians can either approve or disapprove the budget because that is all the constitution permits. Any changes must be resubmitted to parliament only by the subject Finance Minister for their further approval or disapproval. Any attempt to change, ie reduce or increase the budget is not anyway possible by a motion but by a new bill, ie brand new legislation to be considered by parliament all over again. This would be a waste of time. He alone has responsibility for the nation’s budget, not the opposition.
What the Chief Justice ruled must be in complete compliance with the supreme law of the land, ie the Guyana Constitution. Violating the law is always criminal. All politicians like all diplomats are not criminals unable to come to their senses unless they really don’t care.
But the Guyanese people do care and know what they would rather not face over and over again when they are the assured beasts to carry the burden.
Yours faithfully,
Sultan Mohamed
