After dispensing with the savings clauses and symbols of statehood, the Constitution of the Co-Operative Republic of Guyana gets down to the nub of its primacy. At Article 8, it says simply “This Constitution is the supreme law of Guyana and, if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, be void”.
It is an aphorism that is often cited in constitutional and other courts by lawyers as they seek to oust laws or behaviours that are deemed to run counter to the country’s supreme charter which is at the apex of the rule of law. On the night of December 21st, in the aftermath of the shock 33 to 32 vote of no confidence against it, senior government leaders accepted that the opposition’s motion had succeeded.
Consequently Article 106 (6) of the Constitution was in effect from the point that the motion succeeded. It says simply 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”. The constitution then goes on to say that notwithstanding its defeat the government shall remain in office and shall convene elections with three months or longer if it obtains two thirds support of the National Assembly. Stunned by the implications of the loss of office, the government has since backtracked on recognizing the motion on the basis of a series of bizarre arguments.
By not recognising that since December 21st 2018 there is no longer a functioning Cabinet with the President as its head, the APNU+AFC government is now in gross contravention of the Guyana Constitution which President Granger swore to uphold when he took office. Thursday’s refusal by the Speaker of the National Assembly, Dr Barton Scotland to revisit the motion of no-confidence has further compounded the depth of the infraction by the APNU+AFC government.
Seeking to hold on to power, notwithstanding the clear guidance of the constitution, the government has moved to court with one case and another is pending. These can only be described as Hail Mary passes without a hope in hell of being caught in the end zone. The grossest irony is that one of the now ardent advocates of the inane 34-is-a-majority argument, Prime Minister Nagamootoo, had intended that his motion of no-confidence against the Ramotar administration in 2014 would have succeeded on the count of 33-32 at which point Article 106 (6) would have kicked in. It is the height of hypocrisy and pure opportunism nurtured on the tawdry vine of clinging to power at any cost.
What is indisputable is that a 90-day countdown to general elections began on the night of December 21st. It means that 16 days have already been whittled away without the government beginning to make the necessary arrangements. Even as it was going to court, especially given its tenuous case, the government should have already explicitly recognized the 90-day framework and begun discussions on allocations for the purposes of conducting these polls and related matters.
Were the government not to comply with constitutional prescriptions, Guyana would be at risk of being reported to the Commonwealth Ministerial Action Group for violation of constitutional norms. CARICOM will no doubt also be drawn into addressing whether after 90 days are up and no elections are held the government should be considered to be illegal. As a constitutional agency and insulated from any political direction and control, the Guyana Elections Commission will take its own notice of what has transpired and the constitutional edict pertaining to the 90-day framework. Presumably it will have to address any viable concerns that exist over the voters list and which remains valid in the wake of the November 12, 2018 Local Government Elections. It will also have to address its financing, staffing and information technology needs. It will be interesting to see how it proceeds in the discharge of its mandate in light of the political crisis.
The government also has to take heed of what the resignation of Cabinet means and what ministers are proscribed from doing. Clearly the day-to- day functioning of the administration must continue until a new government is in place. Ad interim, there must be an understanding on what parliamentary business is allowable. The parliamentary management committee should meet on this.
Wednesday’s scheduled meeting between President Granger and Opposition Leader Jagdeo offers opportunities for both to show statesmanship and leadership. They are entrusted with the responsibility and obligation to treat with their positions in a manner that creates a sense of hope for all and banishes the despair and anger of divisiveness. They must seize this opportunity.
