The Constitution’s intention, the judge’s decision

-The USA’s President Trump, GECOM’s Chairman Patterson

-Black Germans, Afro Swiss

If, like me, you’re a mere mortal of a layman often befuddled by the law, the concept of justice and many conclusions by legally-trained arbiters, read and consider my opinion relevant to the appointment of the Head of our national Elections Commission.

Now many countries’ constitutions are documents that are aspirational. They aspire to engender idealistic guidelines to promote desirable national behaviours and standards. Of course a constitution is often described as a nation’s “supreme law” from which other statutes flow. However, quite often the rights and freedom (for example) prescribed and “guaranteed” are hardly attainable, elusive in the real society. Even constitutional lawyers are left to discuss or promote the spirit of the constitution – the   essence or intention of what should be.

The foregoing is just my background within which to record my own opinion – shared, I know by many – that President Granger was palpably incorrect when he manipulated the constitution’s article which defined all who could be eligible to be appointed as the Elections Commission chairperson. His Excellency coined his own fit–and-proper definition to mean judges or legal minds only and exclusively.

Frankly speaking, from laypersons like me to local constitutional experts, all know that His Excellency was demonstrating sheer presidential bullyism! He then crowned off the issue by declaring that the judge had her interpretation and he had his. The dickens with any constitution! After all, that same constitution trumpets that in this land His Excellency is “The Supreme Executive Authority”. The gentleman obviously takes that “authority” seriously!

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The Judge pleases His Excellency

Ironically, I think it was the same judge who found and decided recently that His Excellency was in his constitutional right to decide who was “fit and proper” to qualify as GECOM’s chairperson. She threw out the opposition’s argument that His Excellency’s unilateral choice transgressed the constitution’s intention. His Excellency must have smiled broadly, even if quietly.

But right away my (layman’s) mind sensed that the judge’s decision might have compromised the intention and spirit of our constitution. Then the Stabroek editorial articulated my thinking forcefully. Stated the editorial: “Justice George’s exegesis as delivered on Friday is unbalanced and should be tested at the earliest opportunity. The judge has found nothing within the provision of the constitution on the appointment of a GECOM chairman that constrains the conduct of the president. This is quite extraordinary. The judge’s acceptance of President Granger’s recourse to the proviso of article 161 (2) to enable him make a unilateral appointment of chairman is unconvincing. The Opposition Leader had supplied three lists of nominees and was prepared to continue discussions on a candidate when the President abruptly terminated the process in an act of bad faith. The proviso to article 161 (2) could only properly be seen as applicable when no list has been supplied and (the) President has no other option.

While his predecessors may have readily seen loopholes to do what exactly was done in this case, they acted in a manner to ensure national cohesion and political amity. President Granger has acted contrary to this.”

Cohesion my eye!

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On Trump and Patterson

This brief piece is a bit of a stretch I know and readily acknowledge.

But who knows, the principles of election and selection might still apply and yes I know that many comparisons could be odious. Meaning that certain comparisons and contrasts can attract dislike, hate, and repugnance. Never-the-less, here goes.

I hold the view that thousands of working class American voters elected Donald Trump because they wanted drastic change from career politicians. Additionally the more traditional nationalistic (“white”) electorate wanted to preserve certain old–time values for better or for worse. Trump is now delivering – breaking away from international agreements and covenants and endeavouring to limit just who can migrate into American society. Among many other objectives which he was placed there to deliver.

 His Excellency’s own GECOM chairman – whose language attracts me – was foisted there to achieve certain “deliverables”. Don’t try to massage anything or fool yourselves. How else do you expect the gentleman to vote at crunch times? Ignore the language! Accept the reality both President Trump and Chairman Patterson mean to deliver.

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The Afro-World Cup?

Black Germans, African-Swiss, brown-skinned Russians (?). Growing up in Bourda, Georgetown, I just had to love the football. Man, two of my primary school mates became captains of our national football teams.

But for, say, the last four FIFA world cup tournaments I have been marvelling at the racial composition of certain teams. Adolf Hitler caused the death of millions – both Caucasian Europeans during the World War and Jews whom he somehow detested for being “impure lesser humans” apparently.

Now what would Hitler say when he observes very black fellows representing his motherland Germany!? These world cups must frustrate, enrage Adolph. He probably also hates current German Chancellor Merkel. She is “tainting” Germany with thousands of black and brown folks.

Human originated in sunny Africa. They later travelled all over the planet to strange climates. Some cultures spawned exploration then racism. Paler Europeans exploited the darker world’s resources. The darker persons are now in all Asian, American and European spaces. So the football teams are now beautifully mixed. Unheard of 50 years ago!

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Ponder…

●1) Look for a television documentary titled Eating Animals. It’s about vegetarianism

   and farm factories. (It’s also frightening…)

●2) So how is Mr Shuman’s proposed indigenous people’s political party going to 

       be described – or labelled?

●3) Coming soon: “From Leguan to Barbados”

●4) Besides athletes in boxing and basketball, FIFA football referees have to be the

      fittest humans around

`Til next week

(allenafenty@yahoo.com)

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