On June 20th the judges of the Caribbean Court of Justice (CCJ) sat down to dinner with President Ali at State House. Amid all the smiles for the cameras, one wonders if anyone there raised the issue of the elephant in the room? That the Cooperative Republic of Guyana has not had a constitutionally-appointed Chancellor or Chief Justice for 18 years.
After all was it not the CCJ President, Justice Saunders himself who in April 2022 described this as “very disappointing” and a “significant blot”.
Of course if the CCJ were that concerned they could have simply not sat in this jurisdiction last week. In fact their visit here sent the opposite message by suggesting they were not that concerned over the status quo. Actions or non-actions often have more impact than words. Or is it that they fail to understand that this is not simply a matter of our tangled political morass? Perhaps it is, as some say, a long running, deliberate and cynical strategy of the ruling administration to undermine and weaken an equal branch of government that cannot be relied upon to make the “predictable rulings” which the executive desires.
That is despite the President reportedly assuring the meddling Oilman Mr Hess – an individual not known for his discretion – that Mr Ali “was very emphatic a stay would be put in place” regarding the insurance case. This remark is highly disturbing as it relates to judicial independence but it also gave us a peep into the chumminess between the Stabroek Block consortium and the ruling party. Mr Hess should understand that while Guyanese are used to having their resources being raped by multinationals, we just don’t appreciate having it rubbed in our faces.
The non-appointments of the Chancellor and Chief Justice is as much a dereliction of the President’s constitutional duty as that of his illegal actions related to the Police Service Commission even if the speed and aggression that went into that transgression is in stark contrast to this omission. There is simply no need to go over the details except to say with the Opposition Leader’s agreement there remains absolutely nothing or no-one standing in the way of President Ali.
In addition the nation still awaits the re-constitution of the Public Service Commission since its term ended in August, 2021. This is necessary for the constituting of the Judicial Service Commission which has been in abeyance since 2017 for which former President Granger should also take blame. A press release from the Attorney General in June 2022 promised that on July 1 the President would swear in members of the commission!
One year later to the day it has not happened and these inexcusable delays mean that there are not enough judges and magistrates to address growing caseloads. It is materially affecting the delivery of justice to the citizenry. Asked again in April of this year, President Ali said it would be done “shortly…That I can tell you is coming very quickly.” We do not encourage the judicial branch to hold its breath.
We can also see this tentative approach in the case of Minister Dharamlall and how the President did and has done nothing. He did not, from all reports, summon his minister who serves at his pleasure. Nor did he ask him to take a leave of absence or resign. He passively accepted his request to go on leave. But surely he knows that regardless of any legal outcome the said minister will be utterly unable to continue in his position and that he should act now and look for a replacement.
We see more delays in President Ali’s approach to teachers’ pay and working conditions where the President in mid-December 2022 himself admitted teachers needed an increase, but he could not say when: “The day for teachers will come… Every category of worker will be addressed. We are starting from critical areas where there were a number of anomalies and that is how we are progressing.”
It is quite unsatisfactory that any public sector worker should be left in limbo for over six months over something so essential to their welfare as their pay. The government claims it has been “actively” working on these anomalies. It is six months and counting. How long can it really take?
But one suspects it is not President Ali’s area of influence, as highlighted by how vociferous and vocal the Vice President has been on the subject even though it has nothing to do with his self- assigned portfolio. First it is of interest to note Mr Jagdeo’s hypocrisy given that in 2018 he said in relation to the then Education Minister Nicolette Henry and the teachers’ strike: “You would’ve seen a much earlier engagement from the PPP and not to create this acrimony, but any Minister who dealt with the teachers in such a disparaging way would have been sanctioned.”
Five years later the Ministry called on the GTU to “consider whether it wishes to continuously be used by a failing opposition member Coretta Mc Donald.” This is coming from an administration that for decades negotiated with the late Komal Chand over sugar workers’ pay.
In this and other areas we plainly see the dynamics of the Ali/Jagdeo relationship. This also explains their different approach to the media. Journalists are summoned weekly to listen to an hour or more of Jagdeo’s Orwellian grudge-filled polemic before he takes a sip of coffee and entertains questions. His responses are specific and direct, reflecting a politician in command of his own portfolio and those of the ministers!
In contrast the President refuses to hold press conferences perhaps because he cannot defend the decisions of his Vice President. Instead he ducks and dives from questions thrown at him as he is entering or exiting some ceremonial event, offering evasions and vague promises. If that does not work he expresses impatience and annoyance with the journalist.
For all the pomp, pageantry and now a plane for his use, our President is not truly his own man.
Some believe that it is time to move away from the Jagdeo era of confrontational politics if only so we can all get some peace and quiet. It is hard to tell whether President Ali would also prefer a different approach. Many observe his warmth and genuine concern for all Guyanese and how that might yet translate, for example, into holistic policies towards the working poor.
One hears much about what it is to be a leader. In fact, it is often simply about compromise and making decisions for the greater good that might be unpopular to those around you.
