Dear Editor,
Now that the Caribbean Court of Justice (CCJ), Guyana’s final recourse to legal justice, has pronounced that Article 106(6) stands and the Government has been “defeated” by the no-confidence motion of 21st December 2018 let us turn to look at Article 106(7).
Article 106(7) expressly states that, “Notwithstanding its 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 not 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.”
Whereas Article 106 (7) stipulates “election within three months,” in the pursuit of exercising a right to legal recourse Guyana is outside of the window. Whereas the Constitution does not stipulate under what condition an extension of this time is possible, Article 106(7) allows for, “such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine…”
The intention of the Constitution is to allow the parties involved to use the parliamentary process to deal with the exigencies and arrive at a decision of mutual satisfaction, in the best interest of all Guyanese. It remains unfortunate that our political leaders were unable to return to the National Assembly to arrive at a way forward, particularly since it was recognised that Guyana is absent of conventions and clear guidelines to navigate governance. This includes smooth transition and continued governance after a successful confidence vote.
In what appears to be consistent with the Laws of Guyana, the CCJ has invited our political leadership to return on Monday 24th June with submissions as to how they will proceed in light of the rulings. It is safe to conclude the submissions that will be made will not be political outside of the framework of the law. The course of legal justice continues.
It is important to the discussions of the rulings we recognise these factual points-
i. We are outside the 90-day period stipulated in Article 106(6);
ii. Elections will be held;
iii. GECOM has advised the Voters Registration List expired April 2019;
iv. Presently the Opposition and Government differ on how to produce a valid sanitized Voters List that will ensure no eligible Guyanese is deprived the right to vote;
v. Absence of a convention or clear guidelines how government functions in the interim between a confidence vote and election.
To ignore them we stand the risk of falling victim to messages that seek to confuse and influence us outside of the realm of truth and reality.
Outside of the outlined there is the issue of the GECOM Chairman which the CCJ ruled the process was flawed and in breach of the Constitution. The parties are now required to agree on a position how this matter will be resolved in the best interest of having an electoral process that is acceptable to all. We must note the possibility of agreeing to a Chairman consistent with the law, its spirit and intent.
If the Government and Opposition fail to act in a matured way and arrive at reasonable position, consistent in their deliberation the CCJ will intervene. Stabroek News in reporting on the rulings stated CCJ’s “President Justice Adrian Saunders took pains to say that the two sides should aim to reach consensus but cautioned that in the absence of such there is room for the court to issue orders” (online edition 18th June 2019).
The ball is in the citizens’ court to hold the politicians accountable to the rule, spirit and intent of the law. These must be held paramount. We cannot pursue partisanship interest in our pursuit to move this country forward. We must proceed in a lawful and orderly manner and not one merely driven by political expediency to satisfy any group or individual. Let us ensure that this period of our history signals a change in continued efforts to navigate around disputes and grievances, recognising legal justice best serves our collective interest of peace and stability. The rights of all are enshrined in the law and all should have equal access to pursue them. Both the Government and Opposition have the right to pursue to them.
Yours faithfully,
Lincoln Lewis
