Since acting Chief Justice Roxane George-Wiltshire upheld the legality of the December 21 no-confidence vote against the government, Cabinet has not met but instead a “ministerial plenary” has been performing its functions, Minister of State Joseph Harmon announced yesterday.
“It is noted that there is a judgement of the Court that was made with respect to the Cabinet and that judgement is appealed but we do not have a stay of the judgement as yet and, therefore, we have not held Cabinet meetings as such… Ministerial plenaries are chaired by the President and includes all of the ministers and therefore has all of the powers that a Cabinet can have,” Harmon said at a press conference yesterday at the Ministry of the Presidency.
He revealed that the plenary, which includes “all of the ministers,” is usually convened once per month, while Cabinet sessions were held every week.
“They are an extended Cabinet with all the ministers included,” Harmon clarified. Questioned repeatedly as to which law empowers a plenary to exercise the powers of Cabinet, Harmon maintained that the grouping drew its legitimacy from the powers of the Presi-dent.
“All ministers are appointed by the President to execute some of the duties which are his…they are basically assistants of the President. Therefore, ministers sitting in a meeting with the President have the full authority of the government…Whatever action is taken, is taken under the mandate given by the President whose mandate lies in the Constitution and his election,” he emphasised.
Asked if government’s decision to exercise executive powers through the “plenary” creates a “risk” that the actions of boards appointed in this manner and contracts noted can be delegitimised, Harmon said no.
“We have a government that is legal and functional and we have a President who is the President of all of Guyana and we have a Government of Guyana. So, I don’t buy this question of running a risk. We have been elected by the people of this country…we have been elected, we didn’t come into office by any backdoor means,” he said. “There has been no stay on aspects of the government – that is the Cabinet, but the government is still there. The government functions,” he added.
The minister explained that in the case of contracts awarded, Cabinet and now the “plenary” is “noting” them.
“So, there is no question of a no-objection where those are concerned; it’s just a noting and that has always been the position with respect to that,” he clarified.
Significantly, however, while Harmon maintains that the executive is legally functioning, he would not commit to a timeframe for the next sitting of the National Assembly in order to push the “robust legislative agenda” which government announced it will be pursuing this year.
Stabroek News asked specifically if the executive intends to call for a sitting of the National Assembly to address the issues of election timelines and funding, which have reached a stalemate at the Elections Commission.
Government-nominated commissioner Vincent Alexander had indicated to reporters on Wednesday that the matter of an election date must return to the National Assembly.
“There are two propositions coming from the Secretariat: July with Claims and Objections and February with House to House (registration). Both go beyond the March 21st deadline, so the matter, either way, has to return to Parliament,” Alexander said.
Articles 106(6) and 106(7) of the Constitution prescribe that the 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 and elections are to be held within three months unless a two-thirds majority of the House grants an extension.
Harmon, however, said that while the elections are an important matter, the “issue is still in the court” and it would be premature to have a sitting about timelines and elections date.
He maintained instead that “once there is government business to be discussed in the National Assembly, the National Assembly will be. Once there is government business to be transacted in the National Assembly, then the National Assembly will meet.” He said that the legislature continues to function, with committee meetings being held.
He also maintained that President David Granger is prepared to meet with Leader of the Opposition Bharrat Jagdeo on any matter of national importance but he will not call an election date “prematurely.”
“Matters have been filed in the court in relation to this matter. These matters are still live in the court and, therefore, it would be premature for the President to say I’m calling an election and these matters are still engaging the attention of our courts,” Harmon said.
