The Guyana Trades Union Congress (GTUC) has urged government and the opposition to return to the National Assembly to address the constitutional implications of the passage of a motion of no-confidence against the APNU+AFC administration and to engage to establish constraints to government functioning that will be acceptable to both.
In a press statement issued yesterday, the GTUC reminded that while Article 106(6) of the Constitution states that “the Cabinet including the President shall resign if the Government is defeated by a vote of the majority,” Clause 7 adds that “notwithstanding its defeat, the Government shall remain in office…and shall resign after the President takes the oath of office following the election.”
“We should all acquaint ourselves and abide with the seven clauses of Article 106 and allow the Government to use its legal authority to conduct the business of this country. Anything outside of this is anarchy,” the GTUC stressed, while adding that it is “well aware returning to the National Assembly may appear as though one side is losing ground, but this is not about losing ground it is about saving Guyana, utilising law and order.”
Noting that the 90-day period for the holding of elections as prescribed in Clause 7 has passed since the passage of the no-confidence motion last December, the GTUC noted that the other conditionality, that is extending the period for the holding of the elections, has kicked in, thereby requiring a parliamentary solution.
It stressed that the clause requires activation by a resolution “supported by not less than two-thirds of the votes of all the elected members of the National Assembly” and therefore government and opposition must return to the Assembly to give effect to it.
“Both sides must exercise good faith and trust and put together agreed mechanisms how government must function in a caretaker mode. Both sides must return to Parliament and execute their duty consistent with the Constitution,” it added.
The GTUC also argued that while the Executive has been referred to by the Caribbean Court of Justice as having “caretaker” status and advised that in this “role it should be restrained in the use of its legal authority,” there is no precise guideline on what a “caretaker” government means and what precisely constitutes “restrained in the use of legal authority” in the Guyanese reality.
Consequently, it said an agreement must be reached by the two parties. “Both sides operating in good faith will better command respect and trust that they are capable of resolving the current impasse and not sacrificing the well-being of supporters for political gain. They must give leadership and guidance to get out of this political morass with all its potential hazards at this juncture of our growth,” the GTUC said, while adding that an equal onus is on Jagdeo to be responsible in his use of language and to desist from making misleading statements that will play to those who are vulnerable and easily influenced.
