President issues Dissolution Proclamation –cites enfranchising voters as reason for delay
Former President, Mr Donald Ramotar
Former President, Mr Donald Ramotar

THE proclamation for the dissolution of Parliament has been issued by President Donald Ramotar, and will take effect from February 28.

Making the announcement last evening, President Ramotar said: “I issued the Proclamations that identify 28th February, 2015 as the date of the dissolution of the 10th Parliament of Guyana, and the Ten Regional Democratic Councils (RDCs).”

He gave as the reason for the delay in making the move was so as to ensure that all eligible voters are enfranchised in the lead-up to the May 11 general and regional elections.

“I did not dissolve the Parliament at the same time because, had I done so, the Claims and Objections period, which also allows for transfers would have been truncated. Were the latter to have occurred, thousands of Guyanese voters who changed their place of residence would not have been able to obtain their transfers, and this could have led to them being disenfranchised,” the President said in a televised address to the nation.
This fact was confirmed by senior officials of the Guyana Elections Commission (GECOM).
Also, the Claims subset of the Claims and Objection period ended on Sunday, February 22, while the Objections subset will end on February 27. To date, the numbers released by GECOM indicate that thousands have taken advantage of the Claims and Objections period.

Parliament had remained prorogued following President Ramotar’s November 10 proclamation in the face of a Confidence motion that would have ended the life of the 10th Parliament and move the country to even earlier elections.

The Head of State’s subsequent announcement of a date for elections came after the objective of prorogation (dialogue in the face of political impasse) failed.
THE EXECUTIVE AND SPENDING
Attorney-General and Minister of Legal Affairs, Anil Nandlall, told the Guyana Chronicle last evening that the President’s announcement is in accordance with the constitutional prescription.

Article 61 of the Constitution states thus: “An election of members of the National Assembly under Article 60 (2) shall be held on such day within three months after dissolution of Parliament as the President shall appoint by proclamation.”

The Attorney-General said that the Executive Government, the President and his Cabinet, will continue in their roles until a new executive has been sworn in.

On the question of spending, given that Parliament is dissolved, Nandlall noted that the relative proclamation will activate the provisions of Article 219 (1), combined with the Fiscal Management and Accountability Act.
Together, they provide that in any financial year, the Government is empowered to spend one-twelfth of the Budget of the preceding year in continuing to provide the normal services of the Government of Guyana, until an Appropriation Act (a Budget) is passed.

“This position obtains whether Parliament is in session or not, or whether there will be elections or no elections. Indeed, if Parliament (were) in session, the National Assembly could not have prevented this constitutional and legal formula in relation to spending during this period (before the new Budget is passed) from being applied,” Nandlall said.

After Elections, Article 219, paragraph 3 of the Constitution, will be activated until a first budget is passed for the 11th Parliament of Guyana.

Commenting of the life of the 10th Parliament, Nandlall said, “The 10th Parliament slaughtered democracy, where personal political agendas as well as vindictive and vendetta politics trumped national interests, national development, and the people’s welfare.

“This was manifested by the cutting of three successive National Budgets, where important national projects were crippled; the voting down of crucial pieces of legislation, among other things. In my considered view, the 10th Parliament failed Guyana and the people of Guyana. We now go to elections now,” the Attorney General posited.

Asked which groups of public officials will be affected by the dissolution, Nandlall disclosed that these will include the RDCs and Members of Parliament (MPs).
WORKINGS OF NATIONAL ASSEMBLY
Additionally, Clerk of the National Assembly, Mr Sherlock Isaacs, in a prior comment, explained that once the proclamation of dissolution is issued, preparations for the next Parliament -– the 11th Parliament -– will commence.

“Once Parliament is dissolved, I will write the MPs to notify them that they are no longer Members of the House, and I will also be writing to the Auditor General to stop payments for their services in that post,” he said.

The new 65 members relative to representation in the House will be decided based on the outcome of the upcoming general and regional elections; and who those individuals are will be based on the names submitted via a candidates’ list submitted on nomination day by the contesting political parties.

Speaker of the House, Mr Raphael Trotman, also commented on the dissolution of Parliament after the announcement. He said, “The 10th Parliament has ended, predictably after three years. It was historic in so many respects, and will forever be remembered as a crucible that forged a new democracy.”

The 10th Parliament was convened on January 12, 2012.

 

 ‘I did not dissolve the Parliament at the same time because, had I done so, the Claims and Objections period which also allows for transfers, would have been truncated. Were the latter to have occurred, thousands of Guyanese voters who changed their place of residence would not have been able to obtain their transfers, and this could have led to them being disenfranchised’ — President Donald Ramotar

 

‘The 10th Parliament slaughtered democracy, where personal political agendas as well as vindictive and vendetta politics trumped national interests, national development, and the people’s welfare’ — AG and Minister of Legal Affairs, Mr Anil Nandlall

 

‘Once Parliament is dissolved, I will write the MPs to notify them that they are no longer Members of the House, and I will also be writing to the Auditor General to stop payments for their services in that post’ — Clerk of the National Assembly, Mr Sherlock Isaacs

 

‘The 10th Parliament has ended, predictably, after three years. It was historic in so many respects, and will forever be remembered as a crucible that forged a new democracy’ — Raphael Trotman

By Vanessa Narine

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