While commending the APNU+AFC administration for accepting its “caretaker status” as a result of its defeat on last December’s confidence vote, the Georgetown Chamber of Commerce and Industry (GCCI) yesterday urged that the constitutional requirement of elections within three months be followed in order to ensure a “fully functional” government.
“The necessity of a fully functional government with the full confidence of its people is instrumental to a stable business climate, and as such, the GCCI urges that article 106 (7), which states that elections must be held within 3 months of a successful no confidence motion be followed as is mandated by the Constitution,” the GCCI said in a statement yesterday, while noting that the President of the Caribbean Court of Justice (CCJ) has observed that this is so clear and written in plain language that it needs no gloss.
In order to ensure this happens, the GCCI urged President David Granger and Opposition Leader Bharrat Jagdeo to work together through “the constitutionally provided mechanism and, in good faith,” to ensure the appointment of a Chair-person for the Guyana Elections Commission (GECOM) is made with greatest expedience.
Uncertainty in the political arena, the GCCI noted, has grave implications for investment, consumption and by extension, economic growth of the country. It said businesses require certainty and stability in their external environment, which foster the confidence to invest and that it is the role of government to provide a stable environment which is conducive to business.
Government has said that although it has accepted its “interim” status, Cabinet is continuing to function. Jagdeo yesterday called on Cabinet, including President Granger, to resign in accordance with the constitution.
According to the GCCI statement, it has become clear and unambiguous, following the CCJ’s decision, that government is now in “a caretaker role,” which impairs its powers and functioning since Article 106(6) of the Constitution results in the Cabinet having been resigned.
The statement pointed out that the CCJ quoted Peter Hogg on the definition of a caretaker government, which, when followed, results in the government limiting its activity to that which is: “(a) routine, or (b) non-controversial, or (c) urgent and in the public interest, or (d) reversible by a new government without undue cost or disruption, or (e) agreed upon by the Opposition (in those cases where consultation is appropriate’).”
Additionally, it pointed to the court orders stemming from Guyana’s 1997 Elections Petition case, saying that it saw the imposition of limitations, including that no legislation should be introduced in Parliament except those required for the proper and timely holding of fresh polls, that no substantial contracts for the execution of public works should be awarded without the permission of the court, that Parliament should continue to function for the necessary and limited purposes of enacting legislation required for the proper and timely holding of polls until nomination day, and that the state-owned media should only be used for election purposes through paid advertisements.
Against this background, the GCCI emphasised to government that the limitations cannot carry on for longer than three months, lest a constitutional crisis arises, resulting in a slower economy. “The Chamber wishes to reiterate and reemphasise its call for constitutional compliance, good faith and integrity from actors in the political arena. This is pivotal in ensuring that Guyana continues to thrive as a stable and well-functioning democracy. The Chamber also wishes to remind all political actors that they are ultimately bound by the Constitution as well as the directive from the Court,” it said, while adding that there is a need for consistent engagements like the one between the President and the Opposition Leader to ensure that a GECOM Chairperson can be elected soon.
The GCCI also reminded that Guyana now has the eyes of the world watching and it would be prudent to show that despite many differences, the nation’s leaders are able to make decisions in national interest and create a stable political and economic climate. “Guyana must show the world that the dark days of ‘Trouble’ during election periods no longer exist,” it further said.
Meanwhile, the American Chamber of Commerce, Guyana, (AMCHAM), in a separate statement yesterday, urged strict adherence to the CCJ’s ruling by all political actors.
“The Chamber anticipates that this process will be expeditious and mirrors democratic customs as was explicitly clear in the ruling of the court as mandated by the relevant provisions of Guyana’s Constitution, which in effect ensures the maintenance of the rule of law which is critical for continued investor confidence in Guyana,” it said.
AMCHAM also noted the obligations of the President, the Opposition Leader and GECOM to act with integrity and statesmanship in upholding the constitution and rule of law. “It is an opportune time for goodwill to prevail to unite all the people of Guyana towards a sustainable and economically prosperous Guyana,” it added.
