–Lincoln Lewis calls on nation to understand, respect the decisions of the courts

AS the country enters its 10th month of legal battle that stemmed from a No-Confidence Motion brought against the government, Veteran Trade Unionist, Lincoln Lewis, is urging Guyanese and the Diplomatic Community to understand and respect the decisions of the Judiciary.

He addressed this burning issue in a statement on Thursday, one day after the Chief Justice (ag), Roxane George-Wiltshire threw out a Fixed Date Application (FDA) filed by People’s Progressive Party/Civic (PPP/C) Attorney-at-Law Anil Nandlall, for an order, compelling Cabinet, including the President, to resign. The Chief Justice (ag), in handing down her decision in the High Court, said the application was wholly misconceived, vexatious and an absolute abuse of the law while alluding to the fact that the issue was addressed at the level of the Caribbean Court of Justice (CCJ) – the country’s final appellate court.

Lewis, like the Chief Justice (ag), said government, notwithstanding its defeat on December 21, 2018 in the National Assembly, must remain in office, though on a “different footing” until a president is elected or re-elected, in accordance with the pronouncements of the CCJ.

In its deliberations, the CCJ said too that the Chancellor, Yonette Cummings-Edwards, was correct in citing Canadian Constitutional expert, Peter Hogg, when she noted that: “…The government continues in office as a caretaker government or interim government until the next elections ensue and a President is appointed (or re-appointed) depending on the results of that election.”

Referencing to the Canadian application of an interim government, Lewis said the Canadian Government’s advice is clear on the role and functions of a Government after a successful No-Confidence Motion. “The caretaker period begins when either the Government loses a vote of non-confidence or Parliament has been dissolved (either as a result of the Prime Minister asking for dissolution or because of an election date set by legislation). It ends when a new government is sworn-in, or when an election result returning an incumbent government is clear.

Exercising ‘restraint’ does not mean that government is prohibited from making decisions or announcements, or otherwise taking action, during the caretaker period. To the contrary, the routine operation of government must continue and necessary business must be transacted. In the event of emergencies, such as natural disasters, the government must have a free hand to take appropriate action to ensure that the public interest, notably the safety and security of Canadians, is preserved,” Lewis said as he quoted excerpts from the Canadian Government’s Guidelines on the conduct of Ministers, Ministers of State, exempt staff and public servants during an election.

He said based on decisions of Courts, including the CCJ, the Government is legal, and that’s a fact. “Society must no longer give voice or credence to the PPP yelling government is “illegal.” Going forward, it is one thing repeating the PPP’s mischief, but more [important], to let it be known what the truth is. It is now of import to steer society back to truth and justice,” the veteran trade unionist said.

Lewis also challenged the media to understand its role as the fourth estate, and the dissemination of factual information. According to him, some sections of the media have failed populace miserably.

“Even if they have a horse in the race, they have a moral responsibility to society not only to those who spend their advertising dollars but those who read them, for failing to do so would be contributing to the political bullyism we have been witnessing,” he reasoned.
Lewis also took a hit at government for failing to push back against “the lies being” peddled by the PPP.

“It is hoped the international community that threatened sanctions based on deception, perhaps misunderstanding of the court ruling and high priced lobbying misrepresentation, has taken note of the CJ’s ruling. It is hoped the CJ’s pronouncement that the Consequential Order be “read dispassionately and objectively” is taken seriously.

This is a position I have been calling for from day one. Had we done this, it would have eliminated much of the ugly tension and division that have surfaced since the no-confidence issue,” he continued.

He said it is time persons read and deliberate on the rulings of the Courts before making hasty positions on the matter at hand. “We have to reset our relationship with each other, be we political ally, foe or neutral. Efforts have to be made to stop normalising conduct in a diverse nation such as ours that can pose threat to our collective stability and well-being,” Lewis said.

The trade unionist also made another pitch for the Opposition, together with the government, to extend the time frame for the conduct of elections now that the constitutional deadline of three months has been passed.