Dear Editor,
GRACE and Peace, for you have arrived at the precipice of the unfathomable challenge of balancing opportunity and opposition to the integrity and honor of your governance of Guyana’s Democracy. Never has there been in the history of this nation a leader who amassed such incomparable social and political capital versus economic wealth for his excellence in Public Service.
For the well done public service you have given this nation so far, Civil Society would like you to accept the assurance of our highest consideration, and there shall be no doubt about the overwhelming support we give to you in taking the hard right over the easy wrong at this juncture of our nation History.
As the chairman of the Guyana National Civil Society Council (GNCSC), together with our sixty-five (65) plus council members who were duly and constitutionally elected at our first Summit, held on November 13-14, 2015, to represent the members of over four hundred Civil Society Organizations (CSOs) and Non-Government Organisations (NGOs), by this the authority vested unto us by such said CSOs and NGOs, we herewith beseech you into the execution of service for which you were duly elected in representation of the one National Constituency which Guyana possesses.
In this regards, Hon. David A. Granger, as the President of the National Assembly, with the existing exposure of the shocking, iniquitous and scandalous mismanagement of the “Public Trust” in the National Assembly, in particular the most recent representable act and occurrence that took place on Friday December 21, 2018, Civil Society petitions you to act decisively, and swiftly without fear, favour or reservation to correct these malfeasances and restore honour and integrity to this bastion and cradle of the bulwark of Guyana’s Democracy.
Personally, I am encouraged by the support of my colleagues together with these recent impetuous events, to impress upon you the importance of taking action and moreover hint at the events, which are still under investigation, that lead to my abstention from pursuing openly and conducting my Public Service and Advocacy on behalf of Civil Society.
I can say for now that some of the events were the slanderous and liable publication of my character and person in the media, the use of erroneously obtained Court Orders and the Police to invade GNCSC and GNCPP offices to confiscate our computers, files and furniture and terrorize our staff; the unending death threats against my person and members of my legal team with specific emphasis that if I do not cease and desist from pursuing any and all of the legal actions I filed in the High Court, I will get the same faith as Courtney Crum-Ewing; the burglary of my r esidence where amongst several millions of dollars in various items, including several computers and files pertaining and relating to Legal Matters filed in the High Court were stolen; and the pretext to assignation and public humiliation by bribing high ranking Guyana Police Force Officers to issue “Wanted Bulletins” for my arrest. Several of the Intellectual Authors of these Malfeasances and other wide ranging nefarious and contrite collusive actions are Members of the National Assembly.
It is our understanding that the Clerk of the National Assembly, Mr. Sherlock E. Isaacs has certified a Motion of Non-Confidence which was acted upon by the Members of the National Assembly on Friday December 21, 2018, against the present duly constitutionally elected Government, thus making it a Referendum. Mr. Isaacs stated unequivocally that he has not nor “it isn’t his duty to confirm the validity or invalidity of the passage of the non-confidence motion.”
This constitutional legislative act of confirming the validity and invalidity of the said non-confidence motion, rest solely within the remit of the President of the National Assembly, Hon. David A. Granger. Thereafter, and based on the findings of validity or invalidity that must be certified with substantive and well documented reasoning by the Chief Justice who is the Head of the Constitutional Court of the High Court; the next step is for Mr. President to issue a Proclamation setting aside the non-confidence motion as invalid or issuing a Proclamation Proroguing the Parliament and confirming the non-confidence motion as valid thus triggering the commencement of the constitutional requisite ninety day election process cycle.
Accordingly, it is the demand of Civil Society that you must ‘cease and desist’ from rushing to issue any such Proclamation of Prorogation until you have exercise your Constitutional and Legal Fiduciary Duties and Obligations, reposed unto you by the one National Constituency which Guyana possesses, of investigating and inquiring into the modus operandi and constitutional validity or invalidity of the Friday December 21, 2018 Motion of Non-Confidence proceedings to verify that every action taken by the Speaker, the Clerk and the Members of the National Assembly were not shrouded in mismanagement, intra vires, lacking fraud, extortion, coercion, credible and valid.
Excellency, it is the unanimous view of Civil Society that the Speaker and Clerk of the National Assembly tried their level best to be non-partisan and evenhanded in the exercise of their duties. However, forensic examinations of their supercilious, coward and apprehensive actions will show that their conduct was nothing short of committing gross mismanagement and derelictions of duties and responsibility contrary to Constitution and Parliamentary Rules and Regulations of the Cooperative Republic of Guyana in the National Assembly.
Nevertheless, since the Speaker and Clerk of the National Assembly were nominated from Civil Society and not from amongst the Political Parties List and Members of the National Assembly, this presents a good opportunity for you to call upon them to cooperate fully and be impartially involved in the forensic investigation and inquiry into their actions and inactions taken during the their tenure in managing the affairs of the National Assembly.
We proffer herewith as follows, a partial summary of our evidence based determination and direct your attention to the Constitution and Parliamentary Rules and Regulation. This evidence based determination informs that the Friday December 21, 2018 Non-Confidence Motion and Vote was unconstitutional ‘Ab Initio’ and therefore invalid based on facts that at least four persons extracted from a Political Party List of Candidates to stand as supporters and representative Members of the a Political Party in the National Assembly do not pass the constitutional test and have standing to be Members of the National Assembly.
Moreover, the Speaker and the Clerk of the National Assembly maladroit acts, omissions and violation of several policies delineated and affirmed in the Constitution and Parliamentary Rules and Regulations are unacceptably ubiquitous and replete with ultra-virus errors and omissions.
This laundry list of errors and omissions include, but not limited to, 1. Breach of Privilege; 2. Contempt of Parliament; 3. Created an environment that facilitated the Breach of Cabinet Solidarity; 4. Promoted the blatant violation of the Recall Provisions; 5. Conflated the issues of Censure and Non-Confidence outside the Confidence Convention, 6. Prohibiting Closure, 7. Imputing and promoting Conflict of Interest, 8. Failed to declare null and void or in the alterative allow for a Dilatory Motion as a correction, 8. Overlooked the fact that several Members of the House are under a cloud of having Committed High Crimes and Misdemeanors against the State and should therefore be ineligible to stand as Members of the National Assembly, 9. Failed to exclude those Members who are subjects of and citizens of other sovereign states, 10. Failure to or allow for an investigation into the extent to which a Member of the National Assembly who is a Citizen of another Country was subject to the principle of Molestation, coercion, bribery, under duress, undue influence and how said Member life and liberty was compromised in exchange for a “Yes Vote,” thus violating the principle of Recall Provisions.
Excellency, David A. Granger, may we suggest that a prima facie examination of the basis for moving this Non-Confidence Motion is to orchestrate an ‘offer in compromise’ which can be used as part of a wider scheme to castrate and curtail the Government from prosecuting high crimes and Misdemeanor against the State. It is advised that you must not allow your actions to be seen as collusion or weak.
These are very serious issues which must be addressed post haste with fierce, deliberate and decisive strategy. Failing your efforts, the GNCSC and the GNCPP stand ready willing and able to exercise their Constitutional and Parliamentary Privilege by Petition as a ‘Nuclear Option’.
Your Excellency, once again please accept the assurances of our highest consideration.
Regards,
Phillip H. Mozart Thomas, BSBA, BPS, MBA, JD, PHD, CSSD.
Chairman
