…urges restraint, respect for the court
THE Guyana Trades Union Congress (GTUC) has urged all Guyanese to support the government’s right to appeal the ruling by the Chief Justice (ag) Roxanne George-Wiltshire in the no-confidence motion case, saying that the final outcome will provide guidelines and options for law and order and for good governance.
Justice George Wiltshire made several rulings on Thursday in the High Court. In her rulings, she said that 33 persons are the majority of the elected Members of Parliament (MPs). On the issue of dual citizenship, the Chief Justice also ruled that the vote of former APNU+AFC MP, Charrandass Persaud was valid even though he was occupying a seat in the National Assembly illegally or against constitutional provisions of the state. Attorney-General and Minister of Legal Affairs, Basil Williams, SC, subsequently applied for a stay of the judgement passed by the Chief Justice as well as a conservatory order for the government to remain in office until the appeals are heard. The Attorney-General told reporters that government “is going all the way” as he noted that the case will be appealed all the way to the CCJ. “There is nothing to panic about or nothing to worry about,” he said. ”We haven’t lost an election, we will go through the court system,” he said.
In a statement Thursday evening, the GTUC said: “At this point, the government has indicated its intention to appeal. It is their right to so do as it would have been that of the Opposition if it was in a reverse position. All Guyanese must support the execution of this right as the judicial process allows. This process, which may seem frustrating to some, is necessary in the pursuit of justice and fair play. It provides us guidelines and options for law and order and for good governance. This is the ultimate definition of our maturity, our selflessness, and our competence as a people to put Guyana first by allowing the Laws to work for all and at all times even, or more particularly, during times of political struggles.”
The union said George-Wiltshire’s ruling on the validity of the Confidence vote, dual citizenship and what constitutes a majority is predicated by the evidence presented since it is not the Judge’s prerogative to weigh in on any side. “So as Guyanese continue to look at the merits of her ruling, it is imperative we keep her scope and limitations in focus. For it is a tenet of Lady Justice to be blind as she weighs the evidence before her.”
According to the GTUC, prior to the court’s ruling, Opposition Leader Bharrat Jagdeo had stated the PPP/C will not accept a “judicial coup.” “Today (yesterday) supporters of the Coalition Government, in response to the ruling, are expressing displeasure and demonstrating willingness to question the Justice’s character. Both responses fly in the face of the judicial system and the independence with which it is held. Both directly and indirectly set out to besmirch the character of the learned and upstanding Judge and undermine.”
High tension
The GTUC says the very nature of this case with its high tension, emotional and impact potential will cause society to continue discussing and debating this leg of its legal outcome for a long time. “It is very important that we as individuals, groups, a country, get this right. It is important that we resist the ease of temptation to not just embrace irrationality but to destroy the very system, the judicial process and those within responsible for government fulfilling its law abiding (judicial) role. Better judgment must prevail.”
According to the GTUC, both sides must remember that it is the very same Judge who, in June 2018, upheld the appointment of the Chairman of GECOM and was ridiculed by some who did not find favour with the decision. Today, the other side has an apparent win at this level but is reminded that it is government’s prerogative/right to further pursue a higher court decision in keeping with their constitutional allowance to so do.
“GTUC urges that we allow the Courts that have the responsibility to adjudicate on issues of these nature, to do their work within an atmosphere of peace and tranquility, not one that demonstrates the historical propensity of some in our society to stoke violent and non-violent confrontation when they are either not in control or unable to have their own way. GTUC lauds, so far, our ability to be restrained and keep those willing to do otherwise at bay. It says we are demonstrating political maturity and we are allowing our system to work; that our means of settling political disputes and grievances are improving to a level where we can claim more respect in the international world even as we treat each other with dignity,” the statement read.
Meanwhile, the GTUC reiterated its call for the government and Opposition to work together “to keep us as a nation intact through this phase; keep us mindful of the tension, internal and external, threatening the country’s peace and stability. Citizens are also urged to hold all politicians, civic society and those who engender to engulf this nation in any acts of mayhem or terror accountable for their well-being and safety at this point in time.” The trades union movement observed that so far society is holding up well in pursuing this legal recourse “and we must continue to do so cognisant that at the end of the day, we still have a nation to build and a destiny to mould. We are still one people, interdependent and connected by a shared history. This is as defining a time as many historical landmarks in our political struggles.”