Nothing underlines more starkly the paralysis caused by the government’s defiance of the December 21, 2018 motion of no-confidence (NCM) than the emasculation of Parliament.
Following the January 3rd 2019 sitting of the National Assembly when Speaker of the House, Dr Barton Scotland declined to review the passage of the NCM, there have been only three other sittings: 26th April, 15th May and 23rd May for the passage of enabling legislation for budgetary measures and for matters connected to the oil and gas industry. With the opposition not attending these sessions, Parliament has been reduced to less than a sideshow and there seems to be very little concern about this.
Needless to say, all three branches of government must function optimally for there to be effective and responsive governance and all are presently under stress. The Executive branch is in disarray and now has caretaker status. It refuses to obey the Constitution which requires the resignation of Cabinet including the President and the convening of general elections in three months, the latter necessitating the naming of a date for the elections and the dissolving of Parliament. It is now well known that President Granger has employed the excuse of contending that the Guyana Elections Commission (GECOM) must advise on its readiness for the holding of elections before a date is named. While this is definitely not required it does place a lot more pressure on new GECOM Chairman, Justice of Appeal (rtd) Singh to uphold the Constitution and do so with celerity as it relates to the early holding of general and regional elections.
The Judiciary for its part has been plied with a string of cases including a number of incredulous appeals by the government which led to dubious decisions in some tiers of the judiciary and some bewilderment that the Caribbean Court of Justice seemed completely indisposed to ruling on the NCM in a manner that would have ensured compliance with the Constitution.
As to the Legislature, it has not really functioned since January 3rd this year when the NCM was upheld and the Natural Resources Fund bill hastily passed in the absence of the opposition. The suspended animation that Parliament has been in since then appears to be of no concern to Speaker Scotland notwithstanding the fact that the separation of powers must be observed. If the government has a legislative agenda it has not seen the light of day and no policy papers will be produced for consideration.
Aside from law-making involving both sides of the House and the employment of select committees where necessary, the all-important Public Accounts Committee has not functioned for the year neither have the parliamentary sectoral committees which could easily be dealing with any number of foreign affairs and economic matters. When last heard from, the foreign affairs committee had been addressing the lack of accounting for thousands of persons entering the country from Cuba, Haiti and other places without any corresponding information on their departure. It remains a live issue which this committee could have continued addressing. The Parliamentary Standing Committee for Constitutional Reform remains a silent witness to a failed promise by the government to pursue reform of the constitution.
There are many other functions of Parliament that could easily have been on display inclusive of the regular sittings which help members of the public to understand the law-making process and to see those elected in their names at work. None of this is happening and the blame is entirely that of the government for being consumed by how to perpetuate itself in office without adhering to the Constitution and returning to the people to seek a renewal of its mandate.
The Commonwealth’s Latimer House Principles, which were referred to by Commonwealth Secretary-General Patricia Scotland QC as a guide on the way forward when she welcomed the appointment of a new GECOM Chair, delineate the relationship between the three branches of government in democratic societies – the Executive, Parliament and the Judiciary.
The Principles underline the importance of the separation of powers in entrenching democracy and good governance. Each of these institutions, the Principles say, must employ power in its own constitutional sphere while maintaining mutual respect for the corresponding legitimacy of the others.
Violation of this doctrine, whether deliberate or unintentional, has resulted in political and governance challenges in many Commonwealth countries, a 2017 Handbook on the application of the Principles said. It could very well have been speaking about the situation in Guyana. Based on the definition of the Principles, it would mean that the Government of Guyana disrespected the legitimacy of Parliament’s decision on the NCM by meritless challenges to it in the courts.
The Handbook further says that the “Abuse of power can occur as a result of disregard for constitutional provisions or merely lack of will in respecting them”. This statement would certainly apply to the manner in which the APNU+AFC Government has responded to its constitutional obligations.
The same Handbook also cites the Commonwealth Parliamentary Association’s recommended benchmarks for democratic legislatures which says in part: “If the Legislature expresses no confidence in the government the government is obliged to offer its resignation. If the head of state agrees that no other alternative government can be formed, a general election should be held”. These benchmarks are largely in keeping with articles 106 (6) and (7) of the Constitution.
When he addressed the question of the validity of the NCM on January 3rd this year, Speaker Scotland in guarded language made it apparent that there was no basis for revisiting his decision.
He said “It is perhaps useful Honourable Members to let you know that the authority with which the Speaker is clothed enables him to revisit any Ruling which he has rendered and if in doing so he forms the opinion that the Ruling should not stand, he may reverse his Ruling. The only limitation on the action of the Speaker in this regard is the requirement that the Speaker must at all times act in full obedience to the Constitution which is the Supreme Law of Guyana. It is the Constitutionality of action which must at all times guide and direct the Speaker”.
The Speaker added that his “very wide” authority to reverse his ruling is not however one which he “holds himself able to exercise without strong and compelling grounds, simply choosing one position in place of an earlier one.”
He then announced his decision not to review the NCM.
The government’s determination to cling to power to the extent that the ordinary and clear meaning of the Constitution is being defied has also resulted in the emasculation of Parliament, a severe blow to the interplay of the three branches of government.
