IN the light of President Jagdeo’s recent invoking of presidential immunity, the WPA wishes to reiterate its historical opposition to the inclusion of presidential immunity in the Constitution of Guyana. We continue to oppose presidential immunity as an unnecessary and outdated provision. It has no place in democratic societies. The commitment to the rule of law and good governance should always be sacrosanct. When this provision was included in the 1980 constitution,the WPA opposed it then and continues to do so today. It should be recalled that the 1980 Constitution was devoid of popular support.
It is our view that presidential immunity offers penitential and actual cover for rulers who engage in wrongdoing. In this regard, we are concerned that former president, Bharrat Jagdeo, has instantly invoked presidential immunity in the ongoing Pradoville2 probe. Ironically, the late President Burnham, who is often berated by the PPP, never invoked presidential immunity.
The WPA resolutely holds that unconditional presidential immunity is against the democratic spirit. Courts around the world, when called upon, have generally imposed limits on such immunity. The president is not a monarch of the pre-democratic times nor is he or she above the law.The WPA firmly feels that the constitutionality of presidential immunity should be tested in the courts of law. Arguments of its legitimacy and applicability must be decided there. In the final analysis, the WPA urges immediate review of this constitutional burden on the society
With reference to the case involving the Pradoville2 investigations, the WPA supports SOCU‘s action to uphold the power of the police to question anyone it has credible reasons to believe is associated with or benefits from criminal wrongdoing. We believe that the need to detain Jagdeo and other PPP leaders, albeit briefly, became necessary in the face of a deliberate attempt by the PPP leadership to have its members defy a lawful request from the police as a form of political grandstanding.
The WPA is deeply concerned that former President Bharrat Jagdeo may feel emboldened that his claim of presidential immunity is supported by the most powerful politician in the land. This in our view would be a most unfortunate development.
Regards
Working People’s Alliance