–says opposition leader can’t refuse duties simply because he disagrees with government
THE Vigilant Political Action Committee (VPAC) has strongly criticised Opposition Leader Azruddin Mohamed over his reported refusal to participate in constitutional consultations, arguing that he cannot pick and choose when to perform the responsibilities attached to the office he holds.
VPAC said Mohamed, as the constitutionally elected leader of the opposition, is entitled to oppose, reject and challenge government decisions, but does not have the discretion to abandon constitutional processes simply because he disagrees with them.
“Azruddin Mohamed as the constitutionally elected leader of the opposition does not have the luxury of deciding whether or not he wants to participate in consultations where the law says he must,” VPAC said.
The political organisation argued that opposing the government and fulfilling constitutional obligations are not mutually exclusive, stressing that the Office of Leader of the Opposition forms an integral part of Guyana’s system of constitutional governance.
VPAC said the constitution deliberately gives the opposition leader powers in areas where the president cannot act entirely on his own.
It said, “The opposition leader cannot reasonably demand constitutional safeguards while simultaneously refusing to participate in the very safeguards the Constitution assigns to him.”
According to VPAC, the opposition leader is not required to agree with candidates put forward during consultations, but is constitutionally required to engage in the process.
It said the legal framework governing the country requires participation aimed at reaching an outcome rather than abandoning the constitutional mechanisms altogether.
“He is certainly entitled to disagree with proposed candidates, but the legal architecture of the country demands engagement toward an outcome, rather than abandonment of the constitutional mechanisms,” VPAC said.
VPAC pointed to the opposition leader’s role in the appointment of the Chairman of the Guyana Elections Commission (GECOM), arguing that the Constitution places specific legal obligations on the holder of the office.
The group also highlighted the Judicial Service Commission (JSC), describing it as another critical area of constitutional responsibility.
It noted that under Article 199 of the Constitution, the JSC has responsibilities relating to appointments and disciplinary matters concerning various judicial and legally qualified offices.
VPAC said this makes the opposition leader’s participation in the JSC appointment process directly connected to the independence and functioning of the judiciary.
“This is why refusing to participate ultimately affects the operation of a judiciary itself,” it said.
The organisation similarly pointed to the Public Service Commission (PSC), where three members are appointed by the President following consultation with the opposition leader.
VPAC said the PSC exercises authority over appointments, removals, and disciplinary control in the Public Service, making the opposition leader’s constitutional role relevant to the functioning of the country’s Public Service.
The group said the same principle extends to the Teaching Service Commission (TSC), where three members are appointed by the president after consultation with the opposition leader.
It further identified the Police Service Commission as another area in which the opposition leader has a constitutionally prescribed role.
According to VPAC, the Chairman of the Police Service Commission is appointed by the President after meaningful consultation with the opposition leader.
The organisation also pointed to the appointment of the commissioner of police and deputy commissioners, saying these appointments require consultation involving the president, opposition leader and Chairperson of the Police Service Commission.
It said the constitutional process also applies to the appointment of an acting commissioner when the office is vacant, or the incumbent is unable to perform the functions.
VPAC therefore argued that the opposition leader’s participation is not merely symbolic, but forms part of the constitutional machinery governing the country’s highest police leadership.
The group also highlighted the opposition leader’s role in the appointment of the ombudsman and the Chairperson of the Human Rights Commission, as well as responsibilities arising under the Integrity Commission Act.
VPAC said these responsibilities demonstrate the breadth of the constitutional duties attached to the opposition leader’s office.
It also invoked the oath of office, which requires the office-holder to bear true faith and allegiance to the people of Guyana, faithfully execute the office without fear or favour, affection or ill-will, and “honour, uphold and preserve the Constitution.”
Against that backdrop, VPAC rejected any suggestion that the opposition leader could simply withdraw from constitutional consultations because he believes the president will ultimately act according to his own wishes.
VPAC said, “So, to say ‘I refuse to participate because I believe the president will do what he wants anyway’ is not an option.”
The organisation described such a position as “an outright abdication” of the opposition leader’s constitutional obligations.
VPAC’s statement comes amid ongoing debate over the constitutional consultations between President Dr. Irfaan Ali and Opposition Leader Azruddin Mohamed on appointments to key constitutional bodies.
The organisation maintained that Mohamed retains the right to disagree with the government and challenge its decisions, but argued that those political rights do not erase the legal responsibilities attached to his constitutional office.
VPAC’s statement comes a few days after Attorney General Anil Nandlall, SC, said the opposition leader’s limited responses to President, Dr Irfaan Ali’s letters have stalled consultations on appointments to the Judicial Service Commission and Public Service Commission.
The processes he noted have therefore yet to advance towards the appointment of new members.
