…President assures security for all Guyanese, business community

UNMOVED by the verbal attacks hurled at him by opposition elements, President David Granger, while providing an in-depth analysis of the political situation in the country at the Guyana Manufacturing and Services Association (GMSA) Business Luncheon, made it clear that his government has not defied the court nor has it breached the Constitution of Guyana.
“My government has complied with the orders of the courts at all times. It has acted correctly, in good faith, and in accordance with the guidelines laid down by constitutional conventions,” the Head of State said.

The opposition and the Diplomatic Community, on Thursday, accused President Granger and his government of breaching the Constitution due to a delay in General and Regional Elections which were triggered as a result of a no-confidence motion passed in the National Assembly last December. But the President has long maintained that he could not have set a date for elections without being advised by the Guyana Elections Commission (GECOM). For the first time in nine months, GECOM, on Thursday, informed the President that it would be in a position to facilitate the much-anticipated elections by the end of February 2020. Until those elections are held, the government, President Granger said, remains in an interim mode as ordered by the Caribbean Court of Justice (CCJ).

“My government is committed to ensuring an enabling environment for economic development. Political stability through adherence to constitutional rule, respect for the law, the presence of strong institutions and the pursuit of democratic governance are essential conditions for economic expansion,” President Granger said, even as he was heckled by a small but disruptive group of opposition supporters led by People’s Progressive Party/Civic (PPP/C) Parliamentarian, Bishop Juan Edghill.

But it was not long before that the group was escorted out of the Pegasus Hotel by the members of the Guyana Police Force and the Business Luncheon returned to normalcy. As he continued his address, President Granger said his government recognises the importance of political stability to enhancing the business environment, noting that it promotes increased investments, reduces risk and the cost of doing business and boosts investor confidence in the economy.

NO VIOLENCE
“My government will not condone violations of the law which endanger public order and public security. There is no political unrest in Guyana. The business community need not fear political violence or social unrest. My government will do everything necessary to ensure political stability. The business community has nothing to fear from the forthcoming elections. I am committed to ensuring a safe and secure environment for businesses, communities and citizens in the process leading to, during and after general elections,” President Granger assured the business stakeholders present.

He made it clear too that the A Partnership for National Unity + Alliance For Change (APNU+AFC) Government will respect the democratic will of the people, noting that anything contrary would be abhorrent to the values to which it subscribes.
In putting the political situation facing the country into perspective, the Head of State said the no-confidence motion activated four concurrent processes at the level of the Legislature (National Assembly), the Executive (President, Cabinet and government departments), the Judiciary (Courts) and the Elections Commission – all of which have a bearing on the present political situation.

“First, the legal challenges were made to contest the constitutionality of the no-confidence vote and, specifically, to determine the constitutionality of the vote of a member of the National Assembly who held dual citizenship and of a member voting against the list on which that member was elected to the Assembly, inter alia. These are serious constitutional issues,” the President explained.

He noted that the Speaker of the National Assembly, Dr. Barton Scotland, in declining to reverse his decision December 21, 2018, pointed to the need for the court to provide certainty to the constitutional issues which had risen. “Full, final and complete state settlement of these issues by a court of competent jurisdiction will place beyond doubt any question which may exist and serve to give guidance to the Speaker and to the National Assembly for the future,” the Speaker told both sides of the House days after the validity of the no-confidence motion was brought into question by the government.

But President Granger, in setting the record straight, said the filing of legal proceedings in the High Court was not intended to delay the consequences of the no-confidence vote but rather to seek clarification and interpretation on certain provisions of the Constitution.
“The Supreme Court, the Court of Appeal and the Caribbean Court of Justice (CCJ) all determined that a person who held dual citizenship was ineligible to be a member of the National Assembly. It was quite legitimate therefore, for the government to challenge the constitutionality of the vote of a member whose presence in the National Assembly was itself unlawful,” President Granger stated.

The CCJ – the country’s final appellate court – had also clarified various sections of the Constitution as it relates to a no-confidence motion, its passage, and consequences. Though validating the no-confidence motion against government, the CCJ, while underscoring the importance for the constitutional players – the National Assembly, Government and GECOM – to facilitate elections within the confines of the Constitution, ruled that government remains in office, albeit on a “different footing,” in accordance with Article 106 (7) of the Constitution.

“In mandating that the government shall remain in office notwithstanding its defeat and the resignation of the President and the Cabinet, Article 106 envisages that the tenure in office of the Cabinet, including the President, after the government’s defeat, is on a different footing from that which existed prior to the vote of no-confidence,” the CCJ said as it handed down its order on July 12 – close to a month after it had validated the motion.
The President of the CCJ, Justice Adrian Saunders, referred to Chancellor Yonette Cummings-Edwards’s citing of Peter Hogg the Canadian constitutional expert, as being correct when it was noted that, “The government continues in office as a caretaker government or an interim government until the next elections ensue and a President is appointed or re-appointed depending on the result of that election.”

Hogg in his treatise – the Constitutional Law of Canada [3rd edition] – President Granger pointed out under scored the importance of having a government in place to manage the affairs of the country. The constitutional expert said a country cannot be left without a government at all – a position held by the Granger Administration.

“My government has held to this position at all times – the country cannot be left without a government. The country’s borders, natural resources, sovereignty and territorial integrity must be protected and its international obligations fulfilled. Citizens must be provided with public services at the central, regional and local levels to ensure their welfare,” President Granger reasoned.

Noting that government has accepted that it is now in interim mode, President Granger pointed out that it the Administration restrained its ministers from engaging in overseas travels or policy implementation. On the issue of elections, the Head of State alluded to the fact that once the CCJ had nullified the appointment of Justice (Ret’d) James Patterson as Chairman of GECOM on July 18, 2019, he, within days, accepted Patterson’s resignation.
Added to that, the President then initiated consultations with the Leader of the Opposition, Bharrat Jadgeo, on the appointment of a new Chairman of the Elections Commission, in accordance with the advice rendered by the CCJ. That consultation, which lasted for approximately one month and included various levels of negotiations, resulted with the appointment of Justice (Ret’d) Claudette Singh.

Upon her appointment, Justice Singh, her six member-commission and the Chief Elections Officer, Keith Lowenfield, met with President Granger on August 8, 2019. It was during that meeting that she committed to provide the President with a timeframe for elections. That timeframe was only provided on Thursday, September 19, 2019.
President Granger maintained that he could not have named a date for election without GECOM’s advice, since it is the electoral body that is solely responsible for the conduct of elections.

“The elections commission is responsible explicitly and exclusively for the conduct of elections. The functions of the elections commission are stated in the Constitution [at Article 162 (1)]: The elections commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament; and subject to the provisions of the Constitution, the Commission – (a) shall exercise general direction and supervision over the registration of electors and the administrative conduct of all elections of members of the National Assembly and (b) shall issue such instructions and take such action as appear to it necessary or expedient to ensure impartiality, fairness an compliance with the provisions of this Constitution or of any Act of Parliament on the part of persons exercising powers or performing duties connected with or relating to the matters aforesaid,” the President outlined.

Noting that his decision to await guidance from GECOM was not whimsical, President Granger maintained that he needed to be advised on the elections commission’s state of readiness for elections. He has committed to proclaim a date for elections soon.