Gov’t stalling on polls due to fear of losing power

Charrandass Persaud
Charrandass Persaud

Over seven months after his yes vote on a no-confidence motion led to the defeat of the government, former parliamentarian Charrandass Persaud says that the APNU+AFC administration is stalling on holding general elections because it knows it will lose power.

Nevertheless, Persaud is calling on Guyanese to be patient as he thinks that government is doing itself more harm than good by delaying.

“Granger and his people just cannot bear the thought of losing power…but there is nothing they can do to stop that… the coalition is dead… because the AFC has nothing to offer,” he told Sunday Stabroek.

“The Guyanese people can’t do anything but sit it out….the big aim of the PNC is to register the foreigners so that they can vote….Eric Williams did that in TT[ Trinidad and Tobago],” he charged. President David Granger and others in his administration have denied that there is any plan to register foreigners to pad the voters’ list.

Persaud says that as he analyses the political situation some seven plus months after the no-confidence motion, he believes that there is abuse of power as this country’s constitution continues to be violated. 

“I see nothing but a blatant abuse of the constitution by the president and the …AG [Attorney General]. The CCJ did not need to make any order; that court deemed the no-confidence motion validly passed and the Hon. J. Saunders said that 106(6) and 106(7) have been triggered. What does it mean?” he questioned.

Article 106 (6) of the Constitution says 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.

Article 106 (7) adds 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 elections.”

However, following the advice of Attorney General Basil Williams, President Granger has said Cabinet will not be resigning until such time that a new government and president are sworn in, Director General of the Ministry of the Presidency Joseph Harmon explained last Wednesday.

Both Granger and Williams have declined to make public the advice proffered. Williams has also declared to the High Court that the CCJ ruling on the no-confidence motion does not require Cabinet, including the president, to resign.

In an affidavit filed by Deputy Solicitor-General Deborah Kumar on behalf of Williams in the challenge brought by Christopher Ram against the ongoing house-to-house registration exercise, it is argued that “the Court has never expressly or by implication ordered the Cabinet or the President to resign.”

Government has stated that it accepts its interim status and respects the decision of the CCJ but has maintained that Cabinet is still functioning, without explaining the inconsistency of that position with Article 106(6). Further, the president maintains that he first has to be advised by the Guyana Elections Commission of its readiness for elections.

Critics have said Article 106(6) automatically triggers the resignation of the Cabinet, which is defined by the Constitution as comprising the President, Prime Minister, Vice Presidents and Ministers, upon the passage of a no confidence vote, and that by not resigning, the president and Cabinet are violating the Constitution.

Opposition Leader Bharrat Jagdeo maintains that the Attorney General is giving the president flawed advice and that Granger knows this but is using it for his own purposes.

Persaud said Granger’s actions are to the detriment of his party and that at the next election “Granger and team will self-destruct…more and more of the youths from all walks are showing discontent….”

Persaud did not answer questions on his personal plans.

However, he had told this newspaper in February that expected “very soon,” to return home and would file lawsuits against Minister of Public Security Khemraj Ramjattan and Police Commissioner Leslie James, whom he believes have slandered him.

Persaud did sue Ramjattan for $30 million for alleged libel over comments he made in the aftermath of the passage of the motion. That matter is still before the courts.

He had said too that he will also pursue his plans to establish his own political party.