Dear Editor,
The Parliament is the nation’s supreme organ of democratic power in Guyana (Article 50 of the Guyana Constitution). The motion of no-confidence in the government as brought to the National Assembly by MP Moses Nagamootoo is grounded in Article 106 (6) of the constitution. This article which deals with cabinet’s handling of the nation’s affairs, of which the president is the head, reads, “The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.”
A major concern of some parliamentarians and sections of society is the government’s continuous abuse and mismanagement of the people’s moneys and overall affairs. An Appropriation Bill prepared by the designated minister is brought to the National Assembly, debated and passed, then forwarded to the President for assent, thereby becoming an Appropriation Act (Budget). It is from this Act the cabinet is guided in its spending from the Consolidated Fund to run the nation’s affairs. Shadow Minister of Finance Carl Greenidge and other members of parliament have made a case that this administration, through the Minister of Finance, is in violation of Article 218 (3) of the constitution.
Article 218 (3) expressly states, “If in respect of any financial year it is found-(a) that the amount appropriated by the Appropriation Act for any purpose for which no amount has been appropriated by that Act; or (b) that any moneys have been expended for any purpose in excess of the amount appropriated for that purpose by the Appropriation Act or for a purpose for which no amount has been appropriated by that Act, a supplementary estimate or, as the case may be, a statement of excess showing the sums required or spent shall be laid before the National Assembly by the Minister responsible for Finance or any other Minister designated by the President.”
Guyana is a nation of laws, with the constitution being the supreme one. As citizens we have to be very careful that we are not cherry-picking laws and moreso the constitution. Persons cannot call for good governance and at the same time seek to undermine the very foundation necessary to achieve what is sought.
Before this nation is a motion of no-confidence in the government. It is for the government to put its house in order from now to the reconvening of the National Assembly to avert passage of the motion. It is not for the efforts of some to have the constitution respected and elected officials held accountable under this instrument to see such efforts torpedoed by using this opportunity to call for an interim government arrangement. Persons have to be careful not to undermine efforts at creating accountable government and respect for the constitution.
The constitution at Article 106 (7) says “Notwithstanding the defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by no less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”
Any arrangement that would absolve the government from being held accountable by the people under the laws of Guyana, which the motion seeks to do, would be a travesty. This nation does not need alliances for the rule of lawlessness; this nation needs alliances for the rule of law. The government has been found wanting under the constitution and the only two options available to it are 1) they put their house in order before the motion is debated; or 2) face the consequences. There continue to be concerns that some of our lawmakers and leaders are not serious about accountable government and respecting the constitution. This society must repel any act used to get executive power through unholy alliances.
Yours faithfully,
Lincoln Lewis
