THE Constitution of Guyana gives the President the power to Prorogue or Dissolve Parliament (Articles 69 and 70). If we look at the mischief rule and the intention of the framers of the Constitution, it is clear and evident that these two Articles are there in the interest of the country and its good governance.

The Opposition claim of misuse is misguided and irrational, since it is extremely evident that since the 2011 General Election, both APNU and AFC have been trying their utmost, both in and out of Parliament, to stymie social and economic development in order to get rid of the PPP/C Government. So far they have been unsuccessful, thanks to the astute leadership of President Donald Ramotar and brilliant legal minds of persons like the Attorney General, Anil Nandlall.
The Opposition parties have realised that to embark on violent protests will only serve to destroy them. They have tried that at Linden and Agricola and it was counter-productive for them. Indians will never forgive Moses Nagamootoo for the atrocities and indignities they suffered at both places. They have also tested the legality of their ‘budget cuts’ in the courts and they have lost. Much to their trepidation, the Chief Justice has ruled that, constitutionally, they cannot cut the budget. Therefore, they have to find an alternative route.
Then the Opposition parties, through Moses Nagamootoo, saw an opportunity to legally depose of the PPP/C Government by using a ‘no-confidence’ motion, which, if passed in Parliament, will result in fresh elections within three months. In light of this, the President has said pointedly that there are more urgent matters which are of immense economic and social benefits, to be dealt with in Parliament; and if the AFC and APNU push ahead with their nonsensical ‘no-confidence’ motion, then he would either Prorogue or Dissolve Parliament as he is legally entitled to do, given the current circumstances.
Now let us look at the genesis of this absurd motion. It was brought by Nagamootoo simply because the Honourable Finance Minister, Dr. Ashni Singh, legally spent $4.5 billion dollars on the development of this country- all duly accounted for, every dollar. This is quite unlike the PNC times when millions of dollars were not accounted for- no documentary evidences were provided. Just ask the former PNC Finance Minister, Carl Greenidge! The Guyana Constitution gave the Finance Minister the right to spend those monies and all the legal minds in the Opposition know that fully well. They know for a fact that if they go to the courts again that they are going to lose. So their only alternative was the ‘no-confidence motion’.
Christopher Ram, as a political commentator, must have realised that it is the Opposition parties that have been employing devious tactics to depose the PPP/C Government, all outside the ambit of the laws of the land. On the other hand, the Government has been operating within those laws; so where is ‘the egregious misuse’, as he claimed, of the ‘Burnham Constitution’? Articles 69 and 70 are there to ensure that for whatever reason, that national security and development are not held hostage, and in this case, by some power drunk individuals and political parties. These Articles were meant to safeguard this country and that is exactly what the President is doing. Is the President acting illegally and unconstitutionally? The answer is a resounding NO! He cannot allow APNU and the AFC to destroy this country.
Furthermore, Christopher Ram, in his article in the Stabroek News entitled, ‘President may face heavy political price for proroguing’, he hinted with regard to the Guyana Constitution that, ‘the irony would surely be disregarded by the PNC’. He should have elaborated more on this, since the 1980 Constitution, which was framed and passed by ‘a landslide victory’ at the Referendum by the PNC, ensured that no one can remove the PNC Government from power for whatever reason. If the PNC-held referendum is correct, then it is the will of the people that made the Constitution the Supreme Law of the land. Ironical? Yes! Illegal? No!
In conclusion, the ‘no-confidence’ motion, if analysed against the background of its genesis, will show that it is illegal and void of any substance and merit since it is aimed to be used to circumvent what was a legal act by the Finance Minister and to bring down a democratically elected Government. Is it morally or legally wrong for the President to use his powers given by the Supreme Law of this land to prorogue Parliament with the aim of fulfilling his mandate to the people of this country and to allow social and economic development to continue? Nagamootoo has called the Government ‘a rogue government’, but if he wants to play with words he should understand ‘prorogue’ can also be interpreted to mean ‘for rogues’- like APNU and the AFC. The President surely knows how to treat rogues!
HASEEF YUSUF
AFC Councillor (Region 6)