…Gov’t maintains amid statements from foreign states

AMID calls from foreign states for the Constitution to be upheld, the government has maintained that it is not in breach and has insisted that it is a legal, legitimate administration, and that nothing they have done so far is outside of the law.

Both President David Granger and Minister of State Joseph Harmon have stated that the government has not violated the Constitution. “We are a legal, legitimate government and nothing we have done so far is outside of the law, and as long as I am the President, nothing we will do will be outside of the law,” President Granger said on Sunday.

While dubbing statements by the United Nations Resident Coordinator, Mikiko Tanaka, as premature, Minister Harmon said there is no evidence to suggest that the government has breached the Constitution. According to him, Tanaka’s statement was unnecessary. “I would say that it is a statement that I believe has no basis right now, because as a government we have always respected the constitution. We have always respected the law, so there was no need for a warning at this point in time as far as I am concerned,” Minister Harmon said.

Harmon explained that the actions of the government are aligned with the constitution. According to Article 106 (7) of the Constitution of Guyana, the government, notwithstanding its defeat, shall remain in office until a new president is sworn-in. He maintained that to date, the government has not erred but has rather upheld the Constitution.

He said in keeping with the Constitution, the government will continue to function effectively and without any hindrance. “There is no restriction on the work of the government. There is no interim government, there is no caretaker government, the Constitution speaks about a government and therefore the government shall function as it normally should,” Minister Harmon told reporters.

Meanwhile, on Monday the European Union delegation said it is closely following the developments that have stemmed from the no-confidence vote in the National Assembly on 21, December 2018. The EU delegation called on all stakeholders to uphold the Constitution, respect the democratic procedures and the rule of law. It said that procedures should be managed efficiently, with openness and transparency.

The European Union also said it “welcomes the expeditious handling of the related court cases so far, and hopes that the further legal process can be expedited, for the benefit of Guyana, its people and its development, in view of pending Foreign Direct Investments [FDI’s].”

Last Thursday, the Chief Justice (ag) Roxane George-Wiltshire handed down several decisions in three constitutional cases that sought to determine the validity of the No-Confidence Motion passed against the A Partnership for National Unity + Alliance for Change (APNU+AFC) Government. The chief justice J completed the cases in under a month. With Justice George-Wiltshire’s ruling that the motion was validly carried, the government has signalled its intention to appeal the High Court’s decision, in an attempt to safeguard its five-year term in office.

However, in the interim, the Guyana Elections Commission (GECOM) has been assessing its readiness to hold elections within the coming months. The Constitution stipulates that General and Regional Elections be held within 90 days following the defeat of a government or by a time agreed upon by no less than two-thirds majority of the National Assembly.

The European Union Delegation said it “looks forward to free and fair elections being held, as appropriate, and in line with all constitutional provisions.”
For her part, Tanaka called for the government to demonstrate its integrity and respect the Constitution, while addressing an inter-faith ceremony at the National Cultural Centre last Thursday. “Recent political developments triggered by the no-confidence vote in the National Assembly, are a test for Guyana’s strength and integrity with regards to the effectiveness of the rule of law and governance,” Tanaka said.

On Monday, the Private Sector Commission (PSC) endorsed the positions of both the UN Representative and the European Union Declaration, and took umbrage with statements made by the government that “until the matter is concluded at the highest court of appeal, the status quo remains and the business of government continues as usual”.

“The statement issued by the government’s Department of Public Information (DPI) is clear and, it appears, with deliberate intent, flies in the face of the decision of the chief justice. The “status quo”, meaning that nothing has changed, simply does not remain and the business of government does not continue “as usual,” the PSC said.

President Granger on Sunday declared that he will not demit office until a new President is sworn in. “There is no such thing as an interim government, there is no such thing as a caretaker government. I remain President until the next President is sworn in,” the Head of State said.

At the time, he was addressing a gathering at Stelling Road, Vreed-en-Hoop, West Coast Demerara (WCD), to witness the consecration of the People’s National Congress Reform (PNCR), Region Three Congress House.

In his first public speech, since the court ruling, President Granger said his action and that of his government are in keeping with the Constitution of Guyana. While Article 106 (6) provides for the resignation of Cabinet, Article 106 (7) clearly states that notwithstanding its defeat, the government shall remain in office, until the next President is sworn in.

It means that the President remains the President, and the government remains the government until elections are held, and a new President is elected to office. “We are a legal, legitimate government and nothing we have done so far is outside of the law, and as long as I am the President, nothing we will do will be outside of the law,” he told supporters drawn from across the country.

He also said the government stands ready to challenge the High Court’s decision. “Whatever happens in the court we will follow due process. We are going to go to the next stage, and to the next stage, until we have exhausted satisfactorily, I hope, every element and aspect of the law,” he assured the people.

The government, this week, is expected to challenge the decision of the chief justice at the level of the Court of Appeal; however, it said that it is prepared to go as far as the Caribbean Court of Justice (CCJ) for a final ruling, on the issue of national importance. The government is challenging the decision on the ground that the Opposition needed 34 votes to successfully pass the no-confidence motion, and not 33 as was the case on December 21.

Last month, the President met with Opposition Leader Bharrat Jagdeo, and it was agreed that there is work to be done at the National Assembly. “So I have not dissolved Parliament, and I have not resigned, and according to the Constitution, I remain President until the next President is sworn in,” he said.

President Granger said it must be recalled that on May 11, 2015, 207,200 people voted the A Partnership for National Unity + Alliance for Change (APNU+AFC) Coalition into office. Pointing out that it took over 6,000 persons to secure a single seat in the National Assembly, the President said that it would only be reasonable for a MP (Member of Parliament) to consult with the people, before taking any action that goes against their 2011 line of voting. Charrandass Persaud had used his seat in Parliament to join with the opposition to bring down his own government. He was an AFC MP before he was expelled from the party, and recalled from the National Assembly