The Attorney General’s Chambers today rejected a contention by the Bar Council that it is presently operating outside of the rule of law.
A statement from the AG’s Chambers follows:
THE BAR COUNCIL OF THE GUYANA BAR ASSOCIATION MUST KEEP THE PROFESSION “NOBLE”
The Guyana Bar Association (GBA) is expected to be independent and like Caesar’s Wife” – above reproach.
It is not expected to be the “minion” of any political party or grouping, or to mindlessly parrot its utterances.
Above all, the GBA, is expected to disseminate accurately the decisions of our Courts, more so our Apex Court the Caribbean Court of Justice (CCJ).
The GBA’s, Bar Council has falsely stated in its recent statement published in the Stabroek News and other media that the “Government of Guyana is operating outside the Rule of Law …..”
The Government of Guyana, rejects this contention as being false and malicious, as it cannot be supported by the Bar Council’s recourse to the Constitution and/or the decision of the Caribbean Court of Justice.
In respect of the Constitution neither articles 106(6) or 106(7) provides for the President to fix a date for elections within a three month period.
In fact the CCJ recognized that it was for GECOM not the Government to hold elections within the three months provided by article 106 (7) or such longer period approved by a two third majority of Parliament.
In the case of the CCJ, the Court frontally rejected the consequential orders sought by Counsel for the Leader of the Opposition including that , “The President shall by proclamation appoint a date for the holding of elections no later than 18th September, 2019 and that “The Government shall remain in Office and shall hold an election for the members of the National Assembly within three months of 18th June, 2018 i.e by 18th September, 2019.
The CCJ in rejecting the aforesaid consequential orders and others said,-
“Article 106 of the Constitution invests in the President and the National Assembly (and implicitly in GECOM), responsibilities that impact on the precise timing of the elections which must be held. It would not therefore be right for the Court, by the issuance of coercive orders or detailed directives, to presume to instruct these bodies on how they must act and thereby preempt the performance by them of their constitutional responsibilities. It is not, for example, the role of the Court to establish a date on or by which the elections must be held, or to lay down timelines and deadlines that, in principle, are the preserve of political actors guided by constitutional imperatives. The Court must assume that these bodies and personages will exercise their responsibilities with integrity…”
In the CCJ Counsel for the Attorney General of Guyana, Mr. Eamon Courtenay SC had ably argued that if the Opposition did not agree to the two third majority extension then by necessity it would fall to the President who has the remit under the Constitution to both dissolve Parliament and proclaim a date for the elections after being advised by GECOM as to its readiness to deliver credible elections.
As Head of the Bar of Guyana, The Attorney General, exhorts the GBA to be guided by the aphorism, “Ours is a higher and perpetual retainer”, for Justice.
Regards,
Attorney General’s Chambers and
Ministry of Legal Affairs
