By Imran Khan
Director of Public Information
THERE are many Guyanese here in Guyana and in the diaspora, who are concerned about what is happening in our country and want to know what is the government’s position. Some persons are still not clear on what the situation is.
It is simple.
THE CHIEF JUSTICE’S RULING
The chief justice presented a ruling on January 31st, in which she articulated her legal opinion on the issue of the infamous vote in Parliament on December 21st, 2018. The Government of Guyana respects the chief justice’s decision, but disagrees with it.
APPEAL PROCESS
Guyana’s judicial system allows for appeals and as such, the government has filed an appeal in the Appeal Court and will await the verdict of that court. If the Appeal Court, which is a higher court than the High Court where the chief justice presides, overrules her ruling, then the status quo remains and elections are due in 2020. If the Appeal Court does not overturn the chief justice’s ruling, then the Government will take the case to the Caribbean Court of Justice (CCJ), which is Guyana’s final court of appeal.
When the CCJ rules, then, and only then will the matter be finally settled in court. If the CCJ rules that the vote on December 21 was not valid then elections are due in 2020. If the CCJ rules that the vote was valid, then elections would have to be called at a time when GECOM is prepared and ready to hold elections.
GECOM PREPAREDNESS
Elections cost several billion dollars and monies have not been budgeted in the 2019 budget for GECOM to hold elections. Monies were budgeted for house-to-house registration to allow for a clean Voters’ List. It is known that tens of thousands of dead persons remain on the Voters’ List, which is heavily bloated.
It is also known that tens of thousands of young people who have turned 18 since the last elections in 2015 are not on the list. These persons have to be registered to vote. They are first- time voters and to deny them their constitutional right to vote would be voter suppression and undemocratic.
HOUSE-TO-HOUSE REGISTRATION
House-to-house registration takes about six months to complete. In addition, the life of the current Voters’ List comes to an end in April, so therefore house-to-house registration is inevitable once this time comes.
Back in 2014, long before the coalition government came into office, GECOM had made it clear that it needs at least six months to prepare for any unscheduled elections. Six months. There is no way therefore that elections can be held in three months.
NEED FOR OPPOSITION TO ACT RESPONSIBLY
If the CCJ were to rule that the vote was validly passed on December 21, then it would be incumbent on the opposition to act responsibly and vote for an extension to allow GECOM to prepare for elections. Anything other than this would be to hold Guyana and Guyanese to ransom and under siege. You should be warned that the opposition leader has already signalled his intent to do so by saying that Guyana is heading for a constitutional crisis. Guyana will only head to a constitutional crisis if he as opposition leader acts irresponsibly and does not agree for Parliament to vote for an extension by a two-thirds majority. It is he and his parliamentarians who would have to vote in support of an extension of time.
GUYANA CANNOT BE LEADERLESS
Now about this issue of resignation. Guyana cannot be left leaderless and without a government. How can there be a country with no government, no president, no Cabinet, no ministers? How would medications be procured and provided to the hospitals and medical centres for people to get treatment? How would the schools function? How would public servants be paid? It is madness to think that a country can have no government.
CONSTITUTION IS CLEAR
To have no government would result in anarchy and chaos. For this government to resign and leave the country leaderless would be irresponsible and a dereliction of duty and a betrayal of those who voted it into office. The constitution is also clear. It says that article 106 (6) notwithstanding, the government shall remain in office.
Guyana has a duly elected government which remains in place until another government is elected by the people. This government is confident that its record speaks for itself and it will be re-elected whenever the elections are held. There is NO QUESTION of resignation until the CCJ rules and until the elections are held and the new government takes office.
CONSTITUTIONALLY LEGITIMATE GOVERNMENT
The irresponsible bluster about resignation is being done to score cheap political points by the opposition leader and his cohorts and surrogates. It is their usual modus operandi. Do not be fooled or duped by cheap politicking and misinformation. Your government remains firmly, properly and constitutionally in office. We await the outcome of the court matters which have to run their full course.
In the meantime, the business of management of the affairs of the state continues peacefully and you should not fall prey to attempts to create panic and anxiety in the society. Even though we are in uncharted waters, everything is moving along quite smoothly.
These are the facts, hope that you have a better understanding and the situation.