CCJ orders a triumph for Guyana Constitution
Belizean Senior Counsel, Eamon Courtenay
Belizean Senior Counsel, Eamon Courtenay

…so says Belizean Senior Counsel, Eamon Courtenay
…still taken aback by court upholding Charrandass’ vote

BELIZEAN Senior Counsel, Eamon Courtenay who represented Attorney General Basil Williams in the no-confidence case at the Caribbean Court of Justice said the consequential orders handed down by the court represent a “triumph for the Constitution of Guyana.”

“The ship of State that is Guyana has but one captain; that captain is His Excellency the President. [It is] not for others, whomever they may be, to believe that they can determine when an election should be; that they can direct the president [on] when he should dissolve Parliament; that he can direct the Elections Commission about how to prepare for an election,” Courtenay told the Guyana Chronicle minutes after the CCJ handed down the orders.

Through his attorneys, Senior Counsel Douglas Mendes and Anil Nandlall, Opposition Leader, Bharrat Jagdeo, in his submission, had asked the CCJ to order that elections be held within three months from June 18, 2019. In other words, the Opposition Leader asked that the court set September 18, 2019 as the deadline for new elections to be held but the CCJ, in upholding the submission of Attorney General Basil Williams, ruled that only the President, the National Assembly, and implicitly the Guyana Elections Commission (GECOM) can set timelines and a date for elections.

“The decision represents the court recognising the limits of its own powers as a part of the Constitutional system of the State of Guyana. It would have been strange and odd for the court to have intervened to the extent as requested by the Leader of the Opposition’s Counsel on his behalf for coercive orders to be made against the State; against the President; against the Elections Commission,” added Attorney-at-Law Roysdale Forde who represented General Secretary of APNU, Joseph Harmon in the case.

The two attorneys have referred to the experience of representing their respective parties in the case altogether as a “rewarding” one which has enriched the jurisprudence of Guyana and the Caribbean. Moving forward, Senior Counsel Courtenay stated that it would only be wise for the Leader of the Opposition to put aside the previous flawed notion and work towards a suitable way forward for the country.

Hammering out names
Presently, President David Granger and the Leader of the Opposition are still “hammering out” a list of six names of eligible names to fill the slot of GECOM Chair. “It’s up to all actors, including the Leader of the Opposition, to act in good faith to ensure that democracy thrives and succeeds in Guyana. What we have here is that the court and justice is finished and it is now back to the people and the government of Guyana to lead the way,” Courtenay said.

“Those submissions with respect were displaced by my learned friends and I think what the court did and what they have said is that they respect and affirm the constitutional role of the President, the Guyana Elections Commission and all the actors who have been working diligently to ensure that elections should be held.”
He stated that the actions of the President thus far have demonstrated a willingness to facilitate the process for the selection of a new GECOM Chairman which will pave the way for the holding of fresh elections.

The Senior Counsel stated that throughout the legal process, for which the team the Attorney General put together had little time to prepare for, was an eye opening experience to the uniqueness of Guyana’s Constitution. “I was not aware, although I had heard, how different and unique the Guyanese Constitution is,” he began.
“I think we were able to say to the court that they must recognise that there is a unique blend between the Presidential and Parliamentary system in Guyana. In truth and in fact, you have a different Constitution; I think the court realised that and appreciated it and I think that is why you have them realising today that what the Leader of the Opposition wanted rests with the Executive, rests with the Parliament and not with the court.”

Charrandass
Although pleased with the court orders, Courtenay said he was still trying to come to grips with the fact that the CCJ upheld Charrandass Persaud’s vote against the government. He however said that it is now up to the people of Guyana and those at the helm of leadership to decide whether their laws should be so structured to allow for an unlawful Parliamentarian to cause such a political ripple effect.

“I find it difficult still to appreciate how someone like Mr. [Charrandas] Persaud who knowingly deceived the people of Guyana; knowingly misled the Parliament of Guyana is able to cast an effective and lawful vote. But, I believe in the rule of law and I accept the decision of the CCJ,” Courtenay stated, adding: “Perhaps the people of Guyana will look at their Constitution to see whether they would allow people like that to cause the ramifications that have flowed from that gentleman’s participation in the elections and the vote.”

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