Weekend Mirror 27-28 Juy 2019

Granger’s public statements can no longer be believed by the public – Teixeira 27-28 July, 2019 / Vol. 10 No. 83 / Price: $100

Internet: http: //www.mirrornewsgy.com / e-mail: weekendmirror@gmail.com

PAGE 22

President, Cabinet called ‒ Jagdeo calls for Election on to resign date to be named PAGE 9

Under pressure…

Lowenfield admits that house-to-house registration is unnecessary for impending elections PAGE 19

SEE INSIDE

No person, entity will be allowed to ‘singularly’ derail the democratic process –PAGE Ali13

‘Something is seriously wrong with the President’ – Nandlall PAGE 12

T&T Parliamentarian warns his gov’t against dealing with Guyana’s caretaker gov’t PAGE 16

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WEEKEND MIRROR 27-28 JULY, 2019

PPP/C details priorities to be included in Manifesto ahead of General and Regional Elections The People’s Progressive Party/ Civic (PPP/C) in consultation with a wide range of stakeholders is working on a detailed Manifesto, which will elaborate on the Party’s policies for improving the lives of all Guyanese.

Some of the priority actions of the next PPP/C Government will be to: 1. Restore– the $10,000 cash grant to school children. The APNU+AFC took away $1.67B per year, a total of $8.35B from Guyanese children.

2. Reinstate the water subsidies to pensioners. The APNU+AFC removed $500M in subsidies per year amounting to a $2.5B burden that had to be paid by our elderly.

3. Reverse VAT on essential services including water, electricity, and health care. The APNU+AFC imposed this on Citizens which led to billions in tax collection from Guyanese people and escalated the cost of living.

4. Reopen the closed sugar estates. Over 7,000 persons lost their jobs directly and another 4,000 lost their livelihoods indirectly.

5. Restore zero-rated VAT for machinery and equipment for agricultural, mining and forestry industries. For example, a tractor or excavator now attracts in excess of $5M in additional taxes.

6. Reverse cost of license and permits for doing business and accessing Government services. The APNU + AFC increased over 200 fees, e.g. vending licenses increased from $12,500 to a burdensome $65,000. This, added to the cost of living, hampered small business development.

7. Reverse land rents and drainage and irrigation charges. These have moved up in varying degrees, from $2,500 to $293,000 per acre, a policy that is suffocating many sectors including agriculture and tourism.

8. Remove age limits on vehicles. The APNU+AFC added at least $1M to the cost per vehicle, an unnecessary hardship for those aspiring to own a vehicle, especially young people.

9. Remove the restriction on used tyres. The imposition of this restriction increased the cost of tyres by 300%.

10. Reverse VAT on exports.

11. Reverse VAT on building materials.

12. Reinstate the joint services bonus. The APNU+AFC in a Grinch-like move took away the Christmas bonus from the joint services.

13. Remove VAT on data. The APNU+AFC has taxed the internet and your cell phone data.

14. Reverse the 2 A.M curfew. The arrogant implementation of this measure has not helped to address the noise nuisance issue and has affected quality of life and hurt job creation and businesses.

In addition to correcting these draconian impositions, the next PPP/C Government pledges to: 1. Create 50,000 jobs in the first five years.

2. Assist small businesses through the implementation of programmes to help small businesses grow by providing technical advice, small grants, loans, and training for workers. Women entrepreneurship will receive special attention.

3. Deliver 8,000 to 10,000 new house lots per year.

4. Implement a programme for affordable financing for home ownership.

5. Deliver quality health care and end drug shortages.

6. Improve the quality of and access to education at every level including offering 20,000 persons online University education.

7. Implement measures to expand the capability and increase the effectiveness of the security forces so that people can once again feel protected in their homes, on the streets and in workplaces.

8. Create conditions for our young people to prosper, realise their dreams and to involve them in all levels of Government.

9. Ensure better working conditions and remuneration for teachers, healthcare workers and other public servants.

10. Improve infrastructure (roads, wharves, bridges, airstrips, drainage etc) in Georgetown, other Towns and Villages across Guyana.

11. Extend and improve Government services and ICT on the Coast and in the Hinterland.

12. Ensure that revenue from Oil and Gas is not squandered and stolen and leads to the improvement of the lives of ALL GUYANESE. 13. Create the conditions and strengthen the institutions to expand and protect the civil, cultural and human rights of all Guyanese.

14. Improve governance, including expanding and strengthening measures aimed at fighting corruption.

15. Protect our national sovereignty and territorial integrity.

The PPP/C has said that it is time to restore Guyana to the path of progress and prosperity.

Since taking office, the APNU+AFC cabal has put forward five budgets, spent $1.3 trillion, borrowed US $ 900M and increased taxes by approximately $88B per annum.

They are spending every year $1.6 B more for food allowances, $1.1B more for rentals, $1.2B more for local travel among other things, as part of their extravagant lifestyle. Meanwhile over 30,000 Guyanese have lost their jobs. The cost of living has skyrocketed and health care, education and quality of life have deteriorated rapidly.

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WEEKEND MIRROR 27-28 JULY, 2019

Granger, senior Coalition officials abandon positions held in 2014 “T

here is a motion of no-confidence. If it is successful it eventuates in a dissolution of Parliament and Elections within three months,” declared current Attorney General, Basil Williams in November 2014.

This position is consistent with the constitutional provisions that dictate what must happen after the successful passage of no-confidence motion.

Less than five years later, Williams has abandoned this position and insisted in a Guyana Chronicle report on June 24, 2019 that the APNU+AFC Coalition must remain in office, while touting talk about an extension of the life of his Government – six months after the completion of the legal processes and the passage of the no-confidence motion in the National

Assembly.

In the same year, his colleague, current Foreign Secretary within the Ministry of Foreign Affairs, Carl Greenidge, said, “A successful no-confidence vote needs to be followed by the resignation of the Cabinet and the calling of National Elections.”

Greenidge has since gone silent on this issue.

BREACH OF DEMOCRACY Also in 2014, as Opposition Leader, current President David Granger even touted the idea that Guyana should be sanctioned by the international community for breach of democracy – a term he used to describe the constitutional mechanism used by former President Donald Ramotar to prorogue

Parliament.

Then Granger had said, “Sanctions will inevitably affect all Guyanese citizens.

We will all suffer once there are sanctions. The question is who will suffer most and whether that period of suffering – which is bound to be short – is going to have the effect of bringing about a change in government’s behaviour. I do believe so.

“Sanctions will have a short term effect and we all hope that the government will be wise enough to act so the sanctions will not prolong.

“Other countries in the Commonwealth have been sanctioned before for breach of democracy. I know Fiji has been sanctioned; Pakistan has been sanctioned; Zimbabwe, I think, has also been sanctioned.

“And it is in the interest

of Guyana to avoid these sanctions because these sanctions could have a deleterious effect on the economy and of course the way Guyana is perceived in other countries. Guyana wants to attract Foreign Direct Investment.

Guyana wants to attract tourists and Guyana wants to be able to access donor funding around the world.

“But when it is perceived widely that Guyana is a pariah state, Guyana is an outcast, there will be less willingness on the part of donor countries to pump money into what is becoming a failed state – to pump money in a country which does not practice democratic behaviour. So Guyana is bound to be the loser.

“But, even if in the short term, sanctions have an economic impact on the population, in the long term it

might push the government to act. I would say that the government would be well advised to avoid sanctions and comply with international norms. The government end prorogation, let us have elections and let us get back on track to democracy.”

Ramotar’s prorogation of Parliament was to facilitate political dialogue. When that failed, in 2015, Parliament was dissolved on February 28, 2015 and General and Regional Elections were held 71 days later – on May 11, 2015.

While Granger talked up sanctions for breach of democracy in 2014, more recently his position has changed.

The President has not addressed his government’s reluctance to comply with the Constitution, which stipulates what must happen after

the passage of the no-confidence motion – that is for him and his Cabinet to resign and move towards Elections within three months. Additionally, Cabinet continues to meet, despite the fact that the Constitution says this must not happen.

With the Caribbean Court of Justice (CCJ) making clear that the three-month clock started on June 18, 2019 – over a month has already passed and Guyana, in line with the September 18 deadline date, is heading in a direction that will see the three-month timeframe for Elections being passed.

Notably, on the campaign trail, on May 1, 2015, Granger had said, “You will have a President who obeys the will of the legislature, which is elected by the People of Guyana.”

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WEEKEND MIRROR 27-28 JULY, 2019

EDITORIAL Undermining the democratic process Coalition clearly demonstrating to the his week, on Tuesday (July 23, 2019), individuals in T Nigeria was sanctioned by the United States of America CCJ and the world that they are not (USA) for moves that resulted in the undermining of the democratic process. prepared to be bound by the Constitution The USA State Department in a statement, said, “We commend all those Nigerians who participated peacefully in the February and March 2019 elections and have worked to strengthen Nigerian democratic institutions and processes… we condemn those whose acts of violence, intimidation, or corruption harmed Nigerians or undermined the democratic process…the Secretary of State is imposing visa restrictions on Nigerians believed to be responsible for, or complicit in, undermining democracy in Nigeria. These individuals have operated with impunity at the expense of the Nigerian people and undermined democratic principles and human rights. The Department of State emphasizes that the actions announced today are specific to certain individuals and not directed at the Nigerian people or the newly elected government. This decision reflects the Department of State’s commitment to working with the Nigerian government to realize its expressed commitment to end corruption and strengthen democracy, accountability, and respect for human rights.”

On July 12, 2019 the Caribbean Court of Justice (CCJ) made clear that the three-month election deadline clock was put of pause because of the legal challenges to the validity of the passage of the no-confidence motion in Guyana’s National Assembly on December 21, 2018. Having said that, the CCJ declared that the three-month clock was re-started on June 18, 2019 – when the Court handed down its ruling, which said the no-confidence motion was validly passed.

Guyana is now at the end of July – over a month has passed on the three-month clock.

However, what Guyanese are faced with are actions that do nothing but undermine the democratic process. Nothing positive can come of what is essentially a refusal by the government to abide by the rule of law – that is Elections in three months, preceded by the immediate resignation of Cabinet, including the President.

Article 106 (6) of the Constitution states that: “The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.”

The David Granger-led APNU+AFC Coalition has refused to comply with this provision. Cabinet meetings are continuing.

Article 106 (7) states that: “Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than twothirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”

It must be noted that the Explanatory Memorandum, on Page 15, of Bill 14 of 2000 – Constitution (Amendment) – the Bill that introduced Article 106 (7) – said: “Clause 5 alters Article 106 to provide for the resignation of Cabinet and the President following the defeat of the Government in the National Assembly on a vote of confidence. Although defeated the Government shall remain in office FOR THE PURPOSE OF HOLDING AN ELECTION.” The David Granger-led APNU+AFC Coalition has refused to comply with this provision. The Coalition has signaled, instead, to the Guyana Elections Commission (GECOM) that it wants new national house-to-house registration – which would de-register young Guyanese studying abroad, Guyanese working abroad and others. House-to-House registration started last Saturday (July 20, 2019).

So what happens now? What is clear is that the Coalition is not opposed to frustrating the CCJ ruling, orders and the Constitution, as well as the will of the Guyanese people.

Whether the international community takes steps to sanction officials of the Coalition for the undermining of our democratic process is left to be seen. Guyanese have not forgotten that it was Granger himself who advocated for sanctions when former President Donald Ramotar resorted to the constitutionally provided for mechanism of prorogation in 2015.

In the meantime, all Guyanese must take action to ensure that democracy is not derailed.

Dear Editor,

B

y the time this article is read, over a week would have elapsed from the 12 July 2019, when the Caribbean Court of Justice delivered certain orders consequential to its decision rendered on 18 June 2019, in the No Confidence Motion cases and the challenge filed by Zulfikar Mustapha to the appointment of retired Justice James Patterson as Chairman of GECOM. Among the Orders made in the No Confidence Motion cases, is the following: “… (f) Upon the passage of this motion of No Confidence in the Government, the clear provisions of Article 106, IMMEDIATELY BECAME ENGAGED”.

Speaking on the provisions of Article 106 of the Constitution of Guyana, the Court said: “Their meaning is clear and it is the responsibility of constitutional actors in Guyana to honour them. Upon the passage of a vote of no confidence, the Article requires the resignation of the Cabinet including the President. The Article goes on to state, among other things, that notwithstanding such resignation the Government shall remain in office and that an election will be held “within 3 months’ or such longer period that the National Assembly by resolution supported by not less than two-thirds of the votes of all elected members of the National Assembly…”.

The Guyana Elections Commission has that responsibility to conduct that elections and GECOM too MUST abide by the provisions of the Constitution.

Given the passage of the No Confidence motion on 21 December 2018, a General Election should have been held in Guyana by 21 March 2019, unless a two-thirds majority in the National Assembly had resolved to extend that period.

The National Assembly is yet to extend the period. The filing of the court proceedings in January challenging the validity of the no confidence vote effectively placed matters on pause, but this Court rendered its decision on 18 June 2019. There is no appeal from that Judgment” The Court further exhorted that the relevant political actors be guided by constitutional imperatives and expressed the hope that these “bodies and personages will exercise their responsibilities with integrity and in keeping with the unambiguous provisions of the Constitution bearing in mind that the no confidence motion was validly passed as long ago as 21 December 2018.” Again, at paragraph (8) of the judgment, the CCJ reiterates for emphasis, “the three month deadline … for the holding of fresh elections.”

Recall that the CCJ joined GECOM in the No Confidence Motion cases specifically because it wanted GECOM to be directly bound by all Orders it will make, recognizing of course, GECOM’s pivotal role in the electoral process.

In respect of the Zulfikar Mustapha’s case, the Court is-

sued the following seminal admonitions: “It is now a matter of the greatest public importance that the President and the Leader of the Opposition should, as soon as possible, embark upon and conclude the process of appointing a new GECOM Chairman. This imperative is now of the utmost urgency in light of our decision in the no confidence motion cases that the motion was validly passed thereby triggering the need for fresh general elections.”

A week after, in deliberate and wanton violation and disregard of the judicial pronouncements from Guyana’s apex court, Cabinet has not resigned, the President has not issued a Proclamation dissolving Parliament or fixed a date for elections not later than 18 September 2019, and GECOM has sent no signal that it is prepared to hold any elections within the timeframe contemplated by the CCJ and mandated by Article 106(7) of the Constitution; and no Chairman has been appointed to GECOM by the President despite numerous engagements with the Leader of the Opposition, through which, not 6 but 15 names have already been submitted by the Leader of the Opposition to the President.

On the contrary, and to manifest their willful disrespect for and vulgar disobedience of the edicts issued by the CCJ, the Government has issued a statement that Cabinet will continue to function, the President insists on submitting names to himself, for appointment to the GECOM chair, and Keith Lowenfield, the Chief Election Officer, is preparing to carry out House to House registration, which will clearly make the holding of elections within the timeframe contemplated by the CCJ and Article 106(7) of the Constitution (18 September 2019), virtually impossible.

Readers will clearly recall when Stanley Marcus SC, appearing for GECOM, informed the CCJ on 28 June 2018, that House to House registration will conclude on the 25 December 2019 (earliest), and that elections are likely to be held in February 2020, President, Justice Saunders, held up the Constitution in his hand and asked “What you want me to do with this document? Rewrite it? Ignore it?”

So the Executive Government of Guyana and GECOM, are or the lawful Orders of the summit Court of the hierarchical structure of Guyana’s Judiciary. The struggle, therefore, must climb to a different ante. The ship of Guyana is sinking.

She needs the support of all her patriotic sons and daughters on board, to navigate it out from the tumultuous anarchical waters in which she is trapped, back to the tranquil sea of the rule of law and constitutional governance. I will continue to play my small part. Those who choose to sit on the fence, do so at their own peril.

Yours faithfully, Anil Nandlall

Order for House to house registration activity is void and of no legal effect Dear Editor,

T

he Order published last week in the Official Gazette of Guyana but suspiciously dated the 11th June, 2019, and signed by the former Chairman of GECOM J. A. Patterson whose unilateral appointment by President Granger was historically ruled by the Caribbean Court of Justice to have been in “breach of the Constitution” to officially commence the highly contentious “house to house” registration activity is void and of no legal effect.

In law, Orders such as the one issued by the illegally appointed former Chairman of GECOM are called subsidiary or secondary legislation. Other examples of subordinate or secondary legislation are Regulations, Proclamations, Rules, By-laws or Notices and are called subordinate or secondary legislation because it derives its legal effect and authority

from its respective parent Act passed in Parliament but it is the law of the land just as much as any other duly passed Act of Parliament.

That being said, all laws of Guyana are governed by and are subordinate to the Constitution of Guyana. In fact, Article 8 of the Constitution of Guyana states “This Constitution is the supreme law of Guyana and, if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, be void”. In law, “void” means of no legal effect and treats it as if it had never existed or happened hence the legal Latin term “void ab initio” meaning of no legal effect from the beginning (“ab initio” means “from the beginning”). It is important to note that Art. 8 uses the word “void” instead of “voidable” and the distinction in law is that “void” is of no legal effect from the beginning and “voidable” is of no legal (Turn to page 5)

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WEEKEND MIRROR 27-28 JULY, 2019

Guyana is now in a full constitutional crisis Dear Editor,

T

he APNU/AFC coalition’s characteristic and consistent malfunctioning have and continue to defiantly realise a serious decay of our constitutionally provided democracy.

Our people must, therefore, take the necessary steps to preserve and defend our rights with a sense of sincere commitment and vigour. The sacrifices of our fore-parents and martyrs must not be allowed to dissipate into thin air at the fantasy of this tyrannical Government. We must resist and fight to have elections immediately, in keeping with the Constitution and the rule of law!

At all costs, we must repel the sufferings of our nation under the ultra-bullying, deliberate dodging delaying tactics of this illegal, unconstitutional and oppressive APNU/AFC coalition regime. The shameful antics and devious manoeuvres are obvious demonstrations of the great fear within the APNU/AFC of facing the people at the polls.

It is, therefore, imperative that we take to the streets and demand that we have free and fair elections now. The delaying tactics of abusing the courts have been exhausted and it is now time for action to rid the oppressors.

The vulgar incestuous relationship transcends, contaminates, and flagrantly continues to interfere with the functions of

critical autonomous agencies, approved to uphold constitutional pillars. Standing out as a beacon is the Guyana Elections Commission (GECOM), which ought to have been and should always be in a state of readiness to hold elections at short notice. The severe, irrecoverable times that sufferings related to the matters have been exhausted in our High and Appeal Courts as well as the Caribbean Court of Justice (CCJ) as Guyana Final Appeal Court is telling enough.

Although the CCJ has ruled absolutely and definitively upholding our constitutional imperatives, and removing the illegally appointed Chairman, James Patterson, who subscribed to some irrational and abusive decision, the Secretariat is now moving to implement House-to-House Registration to purportedly end in October in contempt of the CCJ ruling and an absolute breach of the Constitution. It is of note that Section 8 of the Constitution Cap. 101 states: “This Constitution is the supreme law of Guyana and, if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, be void”.

It is, therefore, outright and illegal for the Secretariat of the Elections Commission to be proceeding under the direction of Keith Lowenfied or any other person, to implement actions which defy and frustrate rulings of the CCJ. As a constitutional agency, it goes

against the grain of enforceability of Section 106 of the Constitution, which instructs the holding of elections within three months.

The situation is outright unconstitutional, blatant, flagrant, and initiates a formula for massive resistance and protests which will be activated and should be supported by all.

The deviousness of this cabal knows no bounds. It would be recalled that immediately after the fall of the coalition Government on December 21, 2018, key administrative personnel at GECOM made public statements that the organisation is ready to hold elections. Public Relations Officer Yolanda Ward and the Chief Executive Officer, Keith Lowenfield, were quick to say that the list is ready and with the activation of Standard Operating Procedures while the Legal Officer Excellence Dazzell was very positive and strong in her pronouncements in respect to GECOM’s preparation for elections. The actions now by the GECOM Secretariat amuse one and all, and steps must be taken to sanction the abusive and ransom approach being illustrated from the back end by the PNC. The consequential orders are clear. National and Regional Elections must be held within 90 days after the CCJ made its ruling and that was on June 18, 2019. Cabinet and the President must resign. Further, GECOM has the responsibility to conduct elections and abide by the provisions of the Constitution that instruct elections be held within three months.

It is necessary that we highlight, for public attention, revelations contained in the Official Gazette Legal Supplement—“B” May 15, 2018, which addresses the National Registration (Residents) (Revision of Registers) Order 2018, made under National Registration Act (19:08). Contained therein, it is stated as follows: “In exercise of the powers conferred on the Elections Commission by sections 61 (b), 6 (a), 14 and 15 of the National

Registration Act, Cap 19:08, the Elections Commission makes the following order: – 1. The Registration Officer of every Registration Area in the first schedule is required to prepare a Register of Registrants and Register of Electors for that Registration Area.

2. The qualifying date, was 31st October 2018.

3. This Order shall apply to all eligible persons in Guyana who have attained the age of 14 years.

4. (Transactions), those persons whose names appear on the Central Register at the coming into operation of this Order may also effect changes/corrections to their particulars and request transfers.

This Order was published in the Official Gazette, was signed by the then Chairman of GECOM, Justice Patterson. Following these procedures, the Register of Registrants was prepared and the final voters’ list was made available for the highly successful 2018 Local Government Elections. That Register was valid until April 30, 2019. Following the same trend, it is notable that all relevant requirements for the List of Electors to be properly updated for the upcoming Regional and National Elections was done in a very short period of Claims and Objections so that the List could be fully sanitised and ready for elections.

Guyana is now in a full constitutional crisis with a caretaker Government, whose primary function is to ensure elections which must be held within 90 days from the date of the consequential orders of the CCJ. This Constitution is the supreme law of Guyana and no other law or inconsistent decision must be tolerated or allowed to override its supremacy. Guyana’s image is now damaged and deteriorating fast as the thieving, corruption, crime, prostitution and high cost of living envelopes our days.

Sincerely, Neil Kumar

GECOM’s in-house Legal Counsel House-to-house registration will disenfranchise Guyanese students abroad has exhibited grit Dear Editor,

I

remember there was one House-to-House Registration period in my lifetime (before this one that is), during that period my older siblings were registered, neither of whom were at the age of majority, but when they became eligible to vote they were automatically placed on the voters’ list. Their story is similar to how I ended up on the voters’ list when I attained the age of majority, I was perhaps 15, I went to the GECOM office in my area, during a continuous registration period, and I got myself registered, NO, I was not on the voters’ list from 15. I took it upon myself to check the newspapers and see when I can get my ID card. Prior to the 2015 election, this was the first election I was eligible to vote in, I lost my ID card when my wallet was stolen, I went back to the GECOM office and got a replacement card, as a first-time voter, I ensured I was on the list, I wanted my voice to be heard, I did not want to be disenfranchised.

House-to-House Registration commenced last Saturday. There have been multiple elections without there being House-to-House Registration, including the one which the present Caretaker Government won. Using the current rhetoric being pushed, the coalition regime won with a bloated list?

I am 22 years old, I am a young woman, I do not want to be disenfranchised; the women’s suffrage movement across the globe has ensured I have the right to vote despite class, education, finances or owning land. I am presently residing out of Guyana, we live in

a globalised world, where people temporarily move to grow (whether it is to continue their education, attain valuable international work experience, or soul searching). I am against House-to-House Registration, simply because I will be removed from the voters’ list just because I am not home as I am a student studying away. I was born and raised in Guyana, I am a citizen of one country, that is Guyana.

The process of House-to-House Registration will remove me along with so many others in my situation, which is a direct violation of our constitutional right under Article 59.

What about the persons on vacation? The articles surfacing say this will take 90 days, what if someone decided to take an extended holiday? The last house to house, took well over a year.

I see this as another delay tactic by a regime desperate to continue to wield power and have time to start initiatives to create the illusion that they care. This also further shows the hypocrisy of this regime, when Parliament was prorogued by then-President Ramotar, they (the present regime) talked about not upholding or abiding by the Constitution.

This combined with all the broken promises; are these the real reasons behind House-toHouse Registration?

The CCJ ruling made clear we should have had elections within 90 days of the passing of the motion of no confidence, thus elections should have occurred since March.

Regards, Nutana Singh

Dear Editor,

I

f the nation is struggling to find a candidate that can provide for Guyana’s elections to be independently supervised, then the participants in this decision-making process should seriously consider submitting this name – Excellence Dazzell.

This young lady has exhibited nothing but true grit in walking with the law and advising the Chief Election Officer Mr. Keith Lowenfield that the CCJ has ruled and it is inadvisable to proceed with the House-to-House Registration process that will cause GECOM to violate the rulings of the CCJ, the directives of the Constitution and intent of the rule of law.

According to the press, Ms Dazzell has submitted a legal opinion that GECOM is bound by

the CCJ judgment which cannot accommodate the House-to-House Regis-tration process. The CCJ ruling directs that GECOM must follow Article 106 of the Constitution which mandates elections must be held before September 18, 2019.

On that score Mr. Khemraj Ramjattan is on record as saying that there shall be no elections in Guyana before September 18, 2019. He made that statement on the GlobeSpan TV Show on Wednesday July 17, 2019. What does that mean?

That the Granger caretakers are prepared to ignore the ruling of the CCJ? Is the Granger Gang of Caretakers prepared to operate like undertakers and bury the rule of law in Guyana six feet under?

Yours faithfully, Sasenarine Singh

Order for House to house... effect from the moment it is declared void.

With the no confidence motion having been ruled by the CCJ to have been validly passed in Parliament on the 21st December, 2018, and in its consequential order it was stated at paragraph 9(f) that upon the passage of this motion of no confidence in the Government, “the clear provisions of Article 106 immediately became engaged” which states, inter alia, that the Cabinet including the President must resign and that there must be an election within three months, it means that any other law (which includes any subordinate or secondary legislation) which is inconsistent with the Constitution is void or of no legal effect from the beginning. The fact that the Order is suspiciously dated the

(From page 4)

11th June, 2019, which was a week before the judgement of the CCJ in which GECOM was a party to the proceedings does not change the fact that the Order is of no legal effect from the beginning since the CCJ stated that Art 106 “immediately became engaged” upon the passage of the no confidence motion in Parliament which was the 21st December, 2018, and not the date which it was ruled by the CCJ that the no confidence motion was validly passed and that the unilateral appointment of the Chairman of GECOM by President Granger “was flawed and in breach of the Constitution”.

Yours faithfully, Charles S. Ramson

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WEEKEND MIRROR 27-28 JULY, 2019

Why has CARICOM suddenly become dumb, deaf and blind on Guyana’s situation?

Dear Editor,

T

he Caribbean Community (CARICOM) should ensure that Governments have abiding respect for human rights, the rule and law, and take action to ensure social and economic justice, should also provide proactive, visionary leadership for promoting and reinforcing the spirit and commitment to regional integration, emphasizing transparency, accountability and operational excellence within all organs and institutions of CARICOM countries.

CARICOM rests on four main pillars: economic integration; foreign policy coordination; human and social development; and security. “However I was shocked when Mr Pat Robinson was trying to protect CARICOM for their silence and reluctance to speak out on the present political situation in Guyana.

The Caribbean Court of Justice is a creation of CARICOM, despite which countries may use it as their final Court, as such CARICOM must ensure that the CCJ is not being made ineffective, as such must ensure that judgement issued must be honoured and respected by all stakeholders.

The claims of Mr Pat Robinson that CARICOM will continue to remain silent because they are not political is “total garbage ” since CARICOM was one of the first organisations

that spoken out on political situations in Guyana after the 15th December 1997 elections.

In fact the then PPP/C Government has committed itself in facilitating every effort by the Caribbean Community to have a successful intervention of a top-level CARICOM Goodwill Mission to Georgetown, to diffuse three weeks of tension that gripped the city after the PNC rejected the poll results. The Mission, comprising eminent Barbadian Sir Henry Forde, Guyanese Sir Shridath Ramphal, and Grenadian Sir Alister McIntyre, succeeded in getting minority leader Desmond Hoyte to agree to a poll audit, among other things, to agree with President Janet Jagan.

In a press release on the 1st June 1998, (Ref#:43/1998/868), CARICOM committed in playing a major role in the implementation of the Herdmanston Accord it brokered with Guyana’s political parties post 1997 elections unrest.

So the question is why CARICOM suddenly became dumb, deaf and blind on the present situation that is strangling Guyana’s democracy, but reacted in three weeks during the post elections unrest in 1997.Caricom silence may remain because the PPP/C is not destructive enough to get the attention of CARICOM. Regards, Zamal Hussain

Our democratic credentials as a law-governed society now on trial Dear Editor,

I

t is becoming increasingly evident that the APNU-AFC ‘Caretaker’ Government is unprepared to go along with the CCJ’s ruling on the question of holding elections within the constitutionally due period and on the appointment of a GECOM Chairman ‘within the shortest possible time.’

President Granger and other government officials continue to say the right things, but there is a huge gap between what they say and the actual action taken on these two fundamentally-related matters, namely a date for elections and the appointment of a GECOM Chairman.

So far, the ‘hammering out process has failed to deliver any meaningful result – the logical course is to now revert to the constitutional mechanism which provides for the Opposition Leader to name six individuals from which one is selected by the President.

This had been the mechanism employed in all previous General and Regional elections since 1992, and it boggles the mind that after

so many attempts, a suitable person cannot be found who is ‘not unacceptable’ to the President.

Having regard to the above, I think that the need for some intervention by a mutually agreed international agency is becoming something of a national imperative. I had in an earlier letter suggested that the Commonwealth Secretariat be approached to propose names of experienced and qualified individuals to head GECOM. Regrettably, the CCJ’s recommendation for a preferred ‘consensual’ approach is taken out of context. It was clearly not meant to supplant the existing constitutional mechanism, but rather, to emphasise an element of mutuality and trust in the selection processes.

The democratic world is paying close attention to how developments are unfolding in Guyana. Our democratic credentials and our image as a law-governed society are now on trial.

Sincerely, Hydar Ally

APNU+AFC Coalition is flouting the Constitution Dear Editor,

I

ndisputably, the APNU/AFC is not interested in abiding by the CCJ’s rulings, and hence the Constitution of our land. There is abundant evidence to support this, despite Granger’s empty rhetoric about abiding by the supreme law of the land and the CCJ’s rulings. His dilly-dallying with the GECOM Chairman’s appointment bears testimony to his deceitfulness.

Granger had said in a statement published on June 18, 2019 that, “We will accept and abide by the Court’s decision…I assure you that the Government will abide by the Constitution of the Co-operative Republic of Guyana”. Is he serious about these utterings?

The CCJ’s rulings made it clear that General and Regional Elections must be held within 3 months of the passing of the no-confidence motion, and this ruling was passed down of June 18, 2019.

In other words, the Coalition gained nearly 6 months’ extra time, since the motion was successfully passed on December 21, 2019.

Albeit, the masses in Guyana are adamant that the Elections should now be called within 3 months from June 18, 2019, in abiding with the CCJ’s ruling and the Constitution.

Granger cannot say that he will abide by these, and then throw the ball in GECOM’s court whilst doing his trickery with the GECOM Chairman’s appointment. GECOM is a creature of the Constitution, and must abide by it. The Article says that General Elections must be called within 3 months, and GECOM and Granger must facilitate that. If Granger is now saying that the List is bloated by 200,000 names, and that persons who have reached the age of 18 would be disenfranchised, then it is GECOM’s duty to act impartially and rebut these spurious claims.

Further, GECOM is aware that the claims and objections period would take care of certain defects, and that those attaining 18 are automatically placed on the list. Moreover, the cycles of continuous registration, which came to an end in July 2018, just 4 months before the No-Confidence Motion (NCM), had captured all persons who would be 14 years and over by October 2018, so it is nonsensical for Granger to say that those persons now reaching 18 years would be disenfranchised!

These will be eligible to vote in 2021!

It is important to note that the continuous cycle of registration would have taken care of

Commonwealth citizens up to July 2018 as well, and those becoming eligible after that date can register via a claims and objections period.

It must be emphasised that continuous registration fulfills two (2) primary objectives: (i) to ensure that ALL eligible persons are afforded UNLIMITED opportunities to become registered on the National Register of Registrants; and(ii) ensuring that GECOM is in a PERPETUAL state of preparedness, which would enable it to respond to calls for elections in a timely manner, thus guaranteeing eligible persons their constitutional right to be registered and to vote. I am sure Granger must be aware of this.

It is reasonably logical to assume that since the NCM was in December, and Elections should have been held in March, had it not been for the delaying tactics of the Coalition, GECOM, being aware that the LIST would expire in April, should have done another cycle of continuous registration in view of the impending elections, in ensuring that it is in a state of preparedness; unless GECOM had no doubt that the LIST can be amended to capture all eligible voters and afford all these eligible voters an opportunity to vote.

It can now be concluded without any contradiction that GECOM has no doubt that the List is valid, and can be used should an early election be called. This constitutional body cannot, and should not, be allowed to flout the rulings of the CCJ and Article 106. The Constitution of Guyana now makes the call for elections, and GECOM must respond in a timely manner, since it had to be in a perpetual state of preparedness. Now is not the time for houseto-house registration, our Constitution must be obeyed NOW! The GECOM Chairman’s appointment is another dilemma which the Coalition will capitalise on to delay elections, but again it must be in accordance with our constitutional stipulation of 3 months, and again Granger must act in good faith. This to-and-fro action by the Caretaker Government and GECOM must come to an end NOW, and it is time for the ABC countries to intervene to ensure that our Constitution is not flouted by the APNU/ AFC, and that the upcoming elections are free and fair.

Yours sincerely, Haseef Yusuf

The PNC of rigged elections has returned with Granger in the lead Dear Editor,

O

n July 12, 2019, the Caribbean Court of Justice (CCJ) ruled that the no-confidence motion of December 21, 2018, was successfully carried. This

finally put an end to the charade that our nation was being dragged through, that is, shameful insistence that not 34 but 33 votes constitute a majority of 65.

The PNC-led APNU+AFC regime (Turn to page 8)

7

WEEKEND MIRROR 27-28 JULY, 2019

Granger has consistently demonstrated absolute disrespect and disregard for the letter and spirit of the Constitution Dear Editor,

T

he late Malcolm X, a courageous advocate for the rights of Black Americans, once said, “I have more respect for a man who lets me know where he stands, even if he’s wrong, than the one who comes up like an angel and is nothing but a devil”.

Following the defeat of the Granger-led APNU/AFC Administration on December 21, 2018, by a vote of no-confidence, it is now clear that when it suits the President and the Government to ignore constitutional precepts, it is prepared to do so.

On the one hand, the President says he respects the ruling of the CCJ and the Constitution, “As far as I’m concerned, I have always operated within the ambit of the Constitution… I have never gone outside of the Constitution”. But then based on his actions, he is engaging in deliberate tactics to stall the appointment of a new Chairman of GECOM and to further delay elections which should have taken place four months ago.

But regardless of how innocent he thinks he is, or wants us to believe, there are documented evidence of the President’s blatant disregard for our Constitution from the moment the APNU/AFC formed the Government in May of 2015.

Article 226 (1) of the Constitution states: “In the exercise of its functions under the Constitution, a Commission shall not be subject to the direction or control of any other person or authority”.

In May 2015, the then Junior Social Protection Minister Simona Broomes instructed the Secretary of the Public Service Commission that “all interviews and meetings of the Commission are to cease forthwith until further as instructed by His Excellency, the President, David Arthur Granger’s notice”.

This was challenged in the High Court, and Justice Chang ruled that the Public Service Commission, a Commission established by the Constitution of the Cooperative Republic of Guyana, in the exercise of its functions, shall not be subject to the direction or control of any other person or authority. The Chief Justice called it a violation of Article 226 of the Constitution of the Cooperative of Guyana and ruled that it is unlawful, null, void and of no legal effect.

Then in June 2016, the President again deliberately violated the Constitution when he instructed Minister of State Joseph Harmon to issue a directive to the Police

Service Commission (PSC) in his name, instructing the PSC to halt the police promotions process. This vulgar and authoritarian attempt by the President to trample upon the independence and functional autonomy of the Police Service Commission, a constitutional agency, was again challenged in the High Court.

Again on October 8, 2016, in a public statement released to the press, trade unionist Carvil Duncan said that he was asked by President David Granger in February of that year, to resign as Chairman of the Public Service Commission (PSC) and from other constitutional commissions. Duncan related that he was invited to meet with the President and the Minister of State, Joseph Harmon, and was asked to submit his resignation. Harmon, he said, offered him a suitable financial package for his exit. And during the course of the meeting, Duncan reported that the President said no less than three times, “that he does not want any blood on his carpet”.

Having rejected their offer, the Government embarked upon a manifestly unlawful course of action. While certain criminal charges were pending in the Magistrate’s Court against Duncan, the Government decided to trigger a constitutional process to remove him from office. Without a hearing, President Granger set up a ‘kangaroo tribunal’ to remove the embattled trade unionist as Chairman of the Public Service Commission. But by virtue of being Chairman of the PSC, Carvil Duncan was ex-officio, a member of the Judicial Service Commission and the Police Service Commission, institutions created by the Constitution and endowed with the fundamental role and function of guarding against executive abuses. As Chairman of the PSC, Carvil Duncan enjoyed all these constitutional protections.

It is obvious that this President demonstrates absolute disrespect and disregard for the letter and spirit of the Constitution, and continues to contravene its provisions with impunity.

His unilateral decision to appoint the 84-year-old retired Justice James Patterson, a man with ties to the PNC, as the GECOM Chairman, led to the CCJ ruling that the process of his appointment was flawed. But Granger is determined to stay in power at all costs and is hell-bent on once again unilaterally appointing a new GECOM Chairman with one thing in mind… to rig the next General and Regional Elections whenever it is called.

This troubling behaviour evokes memories of Guyana under the dictatorship of the PNC, whose leader David Granger idolises till now.

According to leaked confidential diplomatic cables sent on July 19, 1973, by the US Embassy in Georgetown to US Missions in Trinidad, Barbados and Jamaica, expressing amazement at the level of bare-faced, blatant rigging that took place during the 1973 General Election, “In attempting its forecast of this election (Ref A), Embassy had not really expected PNC to abandon all pretence of honest election.

In event, however, this is what appears to have happened. Whether out of fear, confusion, inefficiency, exuberance or sheer lack of coordination, rigging does seem to have gotten out of hand.”

“From all reports, ballot boxes were delivered by a variety of means Monday night to Guyana Defence Force (GDF) headquarters in Georgetown where they remained under armed guard for upwards of 10 hours before vote counting began.

PPP evidently succeeded only too well in alarming PNC by its last-minute exhortations to its followers to prevent removal of ballot boxes to three central counting locations. [Evidently], plans to engage in ballot-box stuffing and switching while boxes being delivered, as had apparently been the original intention, were abandoned and stuffing and switching seems to have taken place while the boxes [were] held at GDF headquarters before delivery to three counting locations.”

Readers may recall I had repeatedly demanded that David Granger account for his role in the 1973 seizure of ballot boxes by the GDF which gave the PNC a two-third majority in Parliament. On Election Day 1973, GDF soldiers opened fire at Number 63 Village on the Corentyne, killing 45-year-old Parmanand Bholanauth and wounding several others. Jagan Ramessar, a 17-year-old youth was seriously wounded during the shooting, but instead of taking him to the hospital, the police and GDF soldiers transported him to the Number 51 Police Station where they refused to provide him with medical attention. He died there after being further physically brutalised by Police and soldiers. This is the same rigged election referred to earlier in one of the leaked diplomatic cables sent by the US Embassy in Georgetown. As such, Granger’s role in the 1973 rigged elections must now be questioned again.

David Granger never fully explained his involvement in the seizure of those ballot boxes although he was at the time a political liaison officer to Forbes Burnham. In his capacity, how could he not have known of the PNC plans to rig the election? Surely Burnham would have relied on his support to subvert the army.

He later defended the killings of those defenceless civilians by his GDF squaddies in a March 18, 2011, article in the Guyana Chronicle, “Granger endorsed the soldiers’ actions on elections day 1973”.

According to the article, “In 2003, in Chile, Mr Granger presented a paper entitled “Civil Violence, Domestic Terrorism

and Internal Security in Guyana, 1953 – 2003”, wherein he referred to the sinking of MV Sun Chapman when 40 African Guyanese were killed as “the most alarming slaughter of the ‘disturbances’ between the period 1953 – 2004.

Yet, nowhere in this work were the beatings, rape and murder of hundreds of innocent Indian Guyanese residing in Wismar ever mentioned. Indians were forced out of their own homes, which were then permanently occupied by the perpetrators; yet this was not considered in Granger’s writing of the history of civil violence in Guyana.

If this is not blatant racism and intellectual dishonesty on the part of Mr Granger then what is?”

Isn’t it ironic that on June 27, 1974, a US diplomatic cable on the Guyana National Service described the then GDF Major David Granger as having the reputation of being an ideologue and “anti-East Indian racist”?

But the Chronicle article continued, “How can shooting and then allowing two men to bleed to death simply because they demanded that the ballots be counted at the place of polls rather than taken away by the GDF be endorsed as “splendid” and “discretionary” behaviour?

Where was the “discretion” in murdering these two young men for protesting their democratic right to have their votes counted? What was “really credible” in the army taking the ballot boxes to the GDF base?”

Listening to the rhetoric emanating from David Granger and some of his Ministers, it is obvious they have no intention of obeying the rulings of the CCJ and Article 106 (6) and 106 (7) of our Constitution.

I welcome the joint statement by Western diplomats urging the expeditious adherence to the rule of law and the relevant provisions of the Constitution, but they need to follow this up by inflicting severe personal sanctions such as revocation of visas and the freezing of all foreign bank accounts for “all invoked actors” who seem determined to take this country down the same road as Venezuela, a country led by a dictator, whose corrupt policies have now caused the once oil-rich nation to be bankrupted and lawless. Guyana must never be allowed to return to those dark days under the PNC/APNU dictatorship.

The consequential orders from the CCJ are as clear as daylight: Articles 106 (6) and 106 (7) have been triggered. The President and his Cabinet must resign but remain as a caretaker Government with diminished powers to provide essential services and to prepare for elections. No more “ministerial outreach” to squander taxpayers’ money on political campaigning; no more borrowing to add to the national debt; and no awarding of major contracts. And above all, elections must be called within three months, that is, by September 18, 2019, period!

Sincerely, Harry Gill, PPP/C Member of Parliament

8

WEEKEND MIRROR 27-28 JULY, 2019

The PNC of rigged elections has returned...

(From page 6)

Democracy has been suspended Dear Editor,

W

e are a nation held in suspense. President Granger has accepted that he now heads a caretaker or ‘interim’ Government but refuses to comply with the clear provision that states his Cabinet stands resigned. We are subject to a steady stream of double-speak and transparent ploys to delay or obfuscate the holding of elections on or before September 18, 2019, as required by our Constitution and ensuring unbroken democracy in Guyana.

While David Granger has us suspended in his web, he may want to consider what else is in suspension because of his intransigence.

Local content legislation cannot be passed into law. Discovery of Oil in commercial quantity was announced on May 21, 2015, the failure to formulate policy and accompanying legislation is unforgivable dereliction of duty to the people of Guyana. I have no knowledge that any legislation has been prepared for debate. In the absence of laws, Guyanese are reliant on ExxonMobil to be a good actor in this regard.

The Leader of the Opposition has already made it clear that vital Sovereign Wealth legislation was not passed by legitimate means and is of no effect. Such legislation will have to be tabled and debated post-elections, in the new Parliament.

The oil revenue that should flow to the nation’s coffers will also be in suspension.

ExxonMobil is cognizant of its mistakes in Equatorial Guinea and Angola, and have committed itself to transparent operations in Guyana. Oil production will not be delayed or suspended; ‘First Oil’ will be produced and sold. Guyana is supposed to receive her share in oil for resale by her own devices; however, with a caretaker or ‘interim’ Government in place, Guyana’s portion of oil will in fact be sold and the revenues placed in a suspension account. This is not an escrow account held in trust by a third party such as the US Federal Reserve; it is in fact a paper transaction to account for money held in ExxonMobil’s operational account. It will earn no interest and may become subject to US taxation and eventual seizure if the situation persists for a longer period. Even if the money is all there when this period is behind us, time that should be spent kick starting our economy will be lost cannot be recovered.

It may be prudent to ask ExxonMobil to confirm its course of action in the eventuality that “First Oil’ precedes the next General & Regional Election.

President Granger has suspended democracy for now but will find he is hoisted by his own petard in the end, for every rope, no matter how long, ends with a backward jerk into reality.

Respectfully, Robin Singh

A blatant violation of the laws of Guyana Dear Editor,

T

he commencement of a House-to-House Registration exercise by GECOM is a contemptuous matter. It was clearly done on the political directives and based on the advice of an illegally appointed Chairman of the Elections Commission. In that regard, this latest action is null and void and is of no effect. It must be stopped now.

It further notes that this is a blatant violation of the laws of the State called Guyana and a total disregard for the CCJ’s ruling on the matter. The Opposition Leader is now duty-bound to file contempt of court proceedings against the Chief Elections Officer, Lowenfield, effected by his instant incarceration and removal. This is the way forward.

We cannot continue on a path of top

officials paying scant regard for law and order in this country. Persons in high office must respect the Constitution. The Elections Commission rightly stands as the custodian of the democratic process in Guyana, so positioned to hold and conduct elections in a free and fair manner, therefore, for an official, especially in the position of the Chief Elections Officer to act in such a bias and partisan manner, it means that our democracy is under siege. It goes even further that the rigging of elections, which is such a curse brought on this nation by the PNC, is real and ever before us.

Guyana has to return to the fold of democratic nations and the time is now.

Respectfully, Neil Adams

has absolutely no concern for the image of our country. They spent millions hiring the top constitutional lawyers in the Caribbean to try to pull off a fraud. I can imagine what Caribbean people must think of us! And the lawyers they hired probably never had an easier pay day.

The undemocratic nature of the PNC came to the fore once more. Attempting to subvert the constitution, the rule of law and democracy leads to instability, social and economic decline.

This is no speculation, this is based on the experience of Guyana. It is a part of our history.

The PNC when in power from 1964 to 1992 rigged elections, stifled protests, even murdered political opponents, like Walter Rodney and others. They destroyed institutions and turned the judiciary into a toothless poodle. They did all of that to hold on to power.

The result was a bankrupt economy, a dictatorial political system where human rights were not respected. Our courts, among other state institutions, were all subverted to serve the PNC. Our social system collapsed. Education was practically destroyed. As far back as 1974 one PNC Minister of Education was forced to admit that children leaving schools could not read and write properly.

Our teachers were not trained and the regime often failed to supply basic things like chalk. Under the PPP/C administration a lot was done to reverse that situation.

The same occurred at all our health facilities. Drugs were perpetually short, equipment and sanitary conditions deteriorated to unimaginable proportions.

During the late 1970’s and 1980’s we had more periods of blackouts than periods with lights. The joy of having lights returned after long periods, sometimes days, elicited screams in the community.

People were malnourished as demonstrated by the advent of beri-beri, an acute form of malnutrition.

In the meantime the elites in the PNC were living it up. Lavish trips abroad.

Special planes were chartered to ferry the then President all over the world.

Huge parties were held in various capitals, entertaining all and sundry to blunt international criticism of the massive violation of the human and civil rights of our citizens. That is why the budget for the Ministry of Foreign Affairs was larger than those of Health, Education, Housing and Agricul-ture put together.

Corruption became institutionalized.

That led the late Archbishop of the West Indies to say that five thousand dollars could do wonders in Guyana, including having files in the courts disappearing.

All that happened because of rigged elections which led to lack of transpar-

ency and the absence of accountability.

This is the same road that this APNU+AFC regime is once again travelling on.

And now that the CCJ has ruled and has ordered that GECOM and the Regime stick to the Constitution we see that the manoeuvres are continuing.

Unnecessary debates have started as to what is a caretaker government.

The ruling elite seem not to only have a problem with arithmetic but also with English.

It appears that Granger doesn’t want a person from civil society to be appointed as chair of GECOM. The cabal in government seems oblivious to the fact that their actions are having serious negative impacts on the life of the society. Business confidence is seriously shaken. The case involving Dipcon is the latest blatant interference in judicial life.

Many have commented on that case.

That case has brought out some serious flaws in the regime. It lost a case that went all the way to the CCJ. It voted money in the National Assembly to pay the judgment of the CCJ, but did not pay. People are asking why? Some are even suggesting that it could be related to corruption.

After all they paid one businessman more than one billion dollars, not because they lost a case in court, but all he had to do was to write a letter threatening court action and they dished out the cash.

Why now have they refused to pay for a case they lost consistently up to the final court?. Can the public be blamed for thinking that some corrupt intentions are the reason?

Further, the power of the President to stop a decision of the courts from being carried out was invoked to prevent the jailing of Minister Jordan. Those powers were never meant for cases such as this.

It is an abuse of power.

All those actions are coupled with poor governance of the economy and the state generally, a good example is the closing of the sugar estates. These have had devastating impacts on people’s lives.

I urge the President to break out of this mould, show patriotism and call the elections now. That would show respect for the Rule of Law and Democracy and break the mould of the PNC as a rapacious and undemocratic party.

It would demonstrate to the world respect for our courts, particularly the CCJ. Failing to act immediately in that direction leaves us with the same old, same old PNC. Yours faithfully, Donald Ramotar, Former President

WEEKEND MIRROR 27-28 JULY, 2019

President, Cabinet called on to resign

‒ Jagdeo calls for election date to be named

T

he Caribbean Court of Justice (CCJ) on July 12, 2019 issued consequential declarations and orders in two sets of cases from Guyana.

The cases have to do with the appointment of the Chairman of the Guyana Election Commission (GECOM) and a no-confidence vote passed last December in Guyana’s National Assembly.

The consequential orders follow the June18, 2019, in separate judgments, the Court had concluded that the Chairman of the Guyana Election Commission had

been invalidly appointed and that the no-confidence motion was validly passed.

Among other things, the orders said: • The Cabinet and President must resign; • The David Granger-led APNU+AFC Coalition will continue as a caretaker government; • The APNU+AFC Coalition must restrain the exercise of its legal authority; and • That three-month Election clock started on June 18, 2019.

A letter from Opposition

Leader, Bharrat Jagdeo, on Saturday (July 20, 2019) to President Granger called for compliance in all these regards.

The letter requested that, in accordance with the ruling of the Caribbean Court of Justice (CCJ), the President and the Cabinet resign immediately, that the President issue a Proclamation dissolving the 11th Parliament is the Cooperative Republic of Guyana and that the President fix a date for General and Regional Elections to be held on or before September 18, 2019.

There will be no resignation, Constitutional provisions are ‘legal fiction’ – Ramjattan T

alk about a credible list of Voters remains the main point of argumentation by the APNU+AFC Coalition Government in the face of its failure to resign and definitively move to General and Regional Elections by September 18, 2019 – three months after the Caribbean Court of Justice declared that the December 21, 2018 passage of the no-confidence motion was valid – in compliance with the Constitution of Guyana.

On Tuesday (July 23, 2019), on the radio programme ‘Hot Seat’, People’s Progressive Party/ Civic (PPP/C) Parliamentarian, Juan Edghill, clashed with Alliance For Change (AFC) Leader, Khemraj Ramjattan, on this, among other points.

On the three-month deadline for Elections, Ramjattan said, “It is my view, in law, that these deadline dates are not mandatory…there are so many other things that have to be factored in…the CCJ never endorsed a demand for a specific date.”

Edghill, in response said, “This government has not demonstrated any good faith, any willingness, to comply with the CCJ ruling and the Constitution…Mr. Ramjattan’s arguments about the deadline date is a flawed legal argument. It holds no water.”

Ramjattan responded, “My position, I have stated emphatically, Elections cannot be held by September 18, 2019.”

The PPP/C Parliamentarian rejected this notion vehemently, saying, “You should be responsible. Your statements to the Guyanese population must be responsible, they should reflect facts and be accurate.”

HOUSE-TO-HOUSE REGISTRATION UNNECESSARY While the David Granger-led APNU+AFC Coalition has been insisting that there can be no move to General and Regional Elections without a new national houseto-house registration process to create a new Voters List, Chief Elections Officer (CEO), Keith Lowenfield, under pressure, has admitted that this is not so.

When pressed by the media on Tuesday (July 23, 2019), he admitted that the last valid List of Electors, as of April 30, 2019, can be refreshed via a Claims and Objections period and used for new General and Regional Elections. Lowenfield said, “If a claims and objections exercise is to be used, then that will form the basis of a preliminary list.” Asked specifically if the last Valid List can be used to conduct a free and fair Elections, Lowenfield said, “That is correct.”

This was a point stressed

by Edghill, “Mr. Lowenfield has said that Elections can be held by September 18 using the last Valid List of Electors and updating it through a claims and objections period….this is exactly what the

Parliamentary Opposition has been asking for. This is exactly what we have been saying.”

He added that any plans for house-to-house registration have been overtaken by the June 18, 2019 ruling of the CCJ and its July 12, 2019 orders – which make clear that Elections have to be held in three months. According to him, in clear violation of the Constitution, house-tohouse registration is being used to delay Elections. “If you got to a house-to-house registration, GECOM is saying it will not be completed until October 2019 – a month after the September 18 deadline when Elections have to be held by,” Edghill said, adding that the last houseto-house registration took 15 months.

He reminded too about the findings of the United Nations report in 2018. The Report of the United Nations (UN) Electoral Needs Assessment Mission (NAM) – May 7-11, 2018 – made clear that a Voters’ List will not have more credibility. The report said: "It is the view of the NAM that there is no certainty that a new voters' list will have more credibility than the current list and that stakeholders will trust it more. Furthermore, any list created close to the elections will likely be criticized as political motivated.” Edghill said, “This is not Ramjattan.

This is not Edghill. This is the UN that has been giving (Turn to page 24)

9

10

WEEKEND MIRROR 27-28 JULY, 2019

From the desk of Opposition Leader, Bharrat Jagdeo...

Guyana Under Review Several issues were addressed a weekly news conference held by Opposition Leader, Bharrat Jagdeo, on Thursday (July 25, 2019), ranging from the ongoing illegal house-to-house registration to the increasing shows of the APNU+AFC Coalition’s desperation.

House-to-House registration is illegal, deliberate ploy to keep Coalition in office ‒ In defiance of Constitution, CCJ

T

he ongoing house-tohouse registration is illegal, declared Opposition Leader, Bharrat Jagdeo.

And during his Thursday (July 25, 2019) news conference, he stressed that the Executive of the People’s Progressive Party (PPP) has decided that it will not participate in the exercise, since it will not be “complicit” in an act that undermines the Constitution of the Guyana nor the Caribbean Court of Justice (CCJ) ruling and orders.

“House-to-house registration is illegal…the CEO (Chief Elections Officer of the Guyana Elections Commission) has deliberately embarked on a process that he knows will put him at odds with the CCJ decision,” Jagdeo said.

He added, “I want to say to all Guyanese, do not be complicit. I have reports that GECOM is threatening to charge people. They cannot charge 50,000 and 100,000 people. Should they try to strong arm people then inform us. I am calling on the Commissioner of Police not

to allow the Guyana Police Force to be complicit in an illegality.”

According to him, already “horror stories” about under-ages persons, as well as foreign nationals who illegally got birth certificates from the Ministry of the Presidency’s Department of Citizenship, headed by Winston Felix. He added that reports are that a large number of people have not even been visited in the areas that GECOM staff are working in.

He said, “They are doing this to create confusion, so that when the final list is produced it is so flawed that we will not be able to go to Election. Look at the Carter Center report in 1992. This happened before.”

The report – Observing Guyana’s Electoral Process 1990-1992 – talks about control over the production of the Voters’ List and the appointment of electoral officials being put in the hands of a person who was politically aligned – thereby executing the decisions of the then People’s Nation-

al Congress (PNC), which held power. About General and Regional Elections that were due in 1991, the report said, “Other major problems remained. The most immediate was a flawed Voters’ List which was published in October 1990…the List had a large number of errors.”

The Opposition Leader stressed that the information gathered from the illegally conducted house-to-house registration will have to be scrapped.

He said, “There is no functioning Commission and it is not being scrutinized by the PPP, even though there is a requirement that political parties sign off on the enumeration forms.”

About the ongoing court matter to challenge the continuance of house-to-house registration, Jagdeo said, “We have not challenged the secret June 11, 2019 order (signed by former GECOM Chairman, James Patterson)…we are not going after Patterson’s order. They would want us to re-litigate this issue. Our position is that the Order (mandating the start of house-to-house registration was overtaken by the CCJ ruling and orders.”

He noted that the Chief Justice, Roxanne George-Wiltshire on Monday (June 22, 2019) was clear that, notwithstanding their arguments about starting house-to-house registration, General and Regional Elections have to be done in three months – as per the Constitution, which makes clear that Elections are due within three months of the successful passage of the no-confidence motion.

DELIBERATE PLOY “House-to-house registration is a deliberate ploy to keep APNU+AFC Coalition government in power for a long time,” the Leader of the Opposition said.

He referred to the work plan produced by the Guyana Elections Commission (CEO) in February 2019, which states that 290 days are need for house-to-house registration. “This takes us months into 2020 – just to get to a voters’ list. Not even a clean list, because when List is ready, there will have to be a claims and objections exercise to finalize the list,” Jagdeo said.

He added, “…secondly, they said house-to-house reg-

istration will end on October 20, 2019. This is evidence that they have embarked on a process that conflicts with the constitutional requirement of elections in three months.”

According to him, at present the last valid List of Voters can be updated and cleansed through a Claims and Objections period to allow a timely move to constitutionally due Elections.

He stressed that the National Register of Registrants, which include the names of eligible Guyanese voters, has not expired and a List can be gleaned from that Register to move forward.

Notably, when persons are registered, their names are entered into the National Register of Registrants.

From this Register, a list is extracted to be the basis for any elections.

Jagdeo said, “Right now, we have a list. We can cleanse the list through claims and objections and move to Elections…(Keith) Lowenfield confirmed that Claims and Objections can be done and that Granger’s claims are speculative….they want to take us down a road to a point where we don’t even know if you will be on

the list…they are de-registering people. “…this exercise will take us way into next year.

Getting the data is just one aspect, they have to input the data into a database and people can make mistakes, they have to do fingerprint scans and more.”

The Opposition Leader was clear that this cannot be allowed to happen. “It is untenable. It is flagrant violation of the Constitution…. the APNU+AFC Coalition is afraid of Elections and is trying to create confusion about the list. The facts, however, are clear. We will not waste time running behind the lies of the government,” he said.

Additionally, the Report of the United Nations (UN) Electoral Needs Assessment Mission (NAM) – May 7-11, 2018 – made clear that a Voters’ List will not have more credibility. The report said: "It is the view of the NAM that there is no certainty that a new voters' list will have more credibility than the current list and that stakeholders will trust it more.

Furthermore, any list created close to the elections will likely be criticized as political motivated.”

No agreement to extend life of Coalition gov’t No decision on PPP/C

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his week Attorney General, Basil Williams, said he is hopeful that the People’s Progressive Party/Civic (PPP/C) will extend the life of the APNU+AFC Coalition beyond September 18, 2019 – when constitutionally mandated General and Regional Elections are not be held.

During his Thursday (July 25, 2019) news conference, Opposition Leader, Bharrat Jagdeo, was categorical that this will not happen.

“An extension can only come with support of

PPP/C….we will not support any extension. So it means elections by September 18… we have said it before. This remains our positon…if we had a government acting in good faith, we could have, in that spirit, engaged on an extension,” he said.

The APNU+AFC Coalition Government was defeated with the passage of a no-confidence motion on December 21, 2019.

Jagdeo on a prior occasion, had said, “The constitution says once a no-con-

fidence motion is validly passed, elections have to be held in three months. And so we are going to insist on that.

Three months to hold elections. We’re already been living on borrowed time in the government, because of the delaying tactics. “…effectively, they have had a six months’ grace period so far. And we’re not going to tolerate any continued violation of the constitution.

So we will insist on elections in three months….that is a non-negotiable. What

is non-negotiable too is us going back to parliament to extend the life of this government. That’s non-negotiable.”

The Opposition Leader had said the three-month timeframe aside, the Parliamentary Opposition will engage the APNU+AFC Coalition Government in good faith on other matters. “We will be open minded during the talks…but there are certain red times that we will not cross and that includes respect for the Constitution.”

prime ministerial candidate as yet

O

nce a date for General and Regional Elections is set, the process to decide on a prime ministerial candidate for the People’s Progressive Party/ Civic (PPP/C) will be triggered, according to Opposition Leader, Bharrat Jagdeo.

Having said this in March, Jagdeo, during his Thursday (July 25, 2019) news conference, reiterated

this position. “Once an election date is set we will start the process. We will have enough time to deal with that,” he said.

When asked, he added that the PPP/C has not asked for nominations for the prime ministerial candidate as yet.

Earlier this year, on January 19, 2019, PPP Executive, Irfaan Ali, was elected at the PPP/C presidential candidate.

11

WEEKEND MIRROR 27-28 JULY, 2019

City Hall in Focus

More scandals at City Hall

By Bishram Kuppen

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nother major corruption scandal is brewing at the Georgetown City Council and this time it involves Chief Consta ble Andrew Foo, Mayor Ubraj Narine, City Treasuer (ag) John Douglas, Clerk of Markets Lovell, Town Clerk (ag) Sharon Harry-Monroe and others.

It seems as if the Georgetown City will continue along this mode of corrupt practices and scandals for years into the future once this same group continues to be in control of its affairs.

It was reported that a bag with the Council’s seal containing a significant amount of money was found in the vehicle which is usually used by the Chief Constable. The revelation was made by Mayor Ubraj Narine at the statutory meeting of the Council on Monday and he said the matter was reported to the Local Government Commission so that they could carry out an investigation.

He also stated that the matter was never reported to him and he heard it from unofficial sources.

Apparently, the bag of money was part of a batch of bags containing Council’s revenue which was supposed to be deposited in the bank. These trips to the bank are usually done with the assistance of City Constabulary ranks and Treasurer staff using one of the Council’s vehicles.

According to information received, the Chief Constable was not in the vehicle on the day in which the money was being transported and that was approximately one month ago.

We understand that a short time after that bank trip, that particular vehicle

was placed out of service for approximately three weeks awaiting new tyres.

It was only after new tyres were installed that the vehicle was again used. And this time the vehicle was used to transport Mayor Ubraj Narine to a function in the Kingston area. After the driver returned to the Constabulary head office, it is reported that he proceeded to clean the vehicle and discovered the bag of money under the rear seat in an area where the Mayor sat during his trip to the Kingston area.

We also learned that when the driver found the bag, he immediately took it the Chief Constable who called the Mayor, Town Clerk and other officers and informed them of what was found. It is understood that the Chief Constable then instructed his officers to take the bag to be booked and lodged as evidence in the Constabulary safe.

We are also hearing that the driver of the vehicle was disputing the public statements made by the Mayor which seemed to incriminate the Chief Constable and that the driver was being disciplined for

insubordination related to that phone call to the Mayor.

There are many issues of serious concern which arose out of this revelation of the bag of cash in the vehicle.

How come the City Treasurer, Town Clerk and other officers did not detect or discover that the money was missing for a whole month? In fact it appears as if no one was aware that the money was missing at all and this exposes a much larger problem at the City Council which indicates that a very porous system of accountability for cash exists and this may not be the first time that large sums of cash did not make it to the bank.

Another mystery is the length of time that the money was allegedly left in the vehicle without anyone removing it. That is very strange.

There are allegations being made that someone may be trying to set up the Chief Constable because he was not cooperating with the Council or respecting decisions made by the Council.

Hopefully, the investigations by the Local Gov-

ernment Commission will result in severe disciplinary actions being taken against all of those officers who are found culpable.

The residents of Georgetown and indeed the country have been witness to the decades of mismanagement and corruption taking place at Georgetown City Hall. This is another case where the incompetence and gross mismanagement of the Georgetown City Council is on full display for all of Guyana to see.

The PNC+APNU+AFC have essentially controlled Georgetown City Council since 1966 and it is clear that they incapable of managing the City Council, much less the country.

BREAK-IN It is getting progressively worse at the Georgetown City Hall. Citizens would recall that the Mayor had reported that his office was broken into and documents were removed a short time ago.

Now the Mayor has reported that the City Constabulary office was broken into by unknown person/s.

The were no other details provided as to whether anything was missing or destroyed or whether any investigation is taking place.

Now if this was not a very serious situation coupled with everything else that is going on at City Hall, one would think that the Council Council was a running comedy show with actors to match their roles.

But it is the citizens, vendors and businesses who continue to suffer because of the incompetence, corruption and dysfunctional state of the City Council.

If the office of the Constabulary, as the protec-

tors of the citizenry and businesses in Georgetown, and also the Mayor’s office were broken into, then there is really no way that residents and businesses can feel secure or protected in Georgetown. And the Constabulary Head Office and the Mayor’s office are located in a supposedly highly secured compound.

Those of us who want to see genuine and wholesome improvements in Georgetown are constantly embarrassed and disappointed by the incompetence and corrupt practices by some of these officials who continue to be protected by a lack of decisive actions by the APNU+AFC government, perhaps because they belong to the same political grouping.

It is easy to conclude that no change will come to the City Council until these incompetent officers are removed and those who are culpable of criminal acts involving the Council’s money are arrested and brought before the courts and dealt with appropriately.

NO ACCOUNTABILITY The City Council has always had problems when it came to accounting for its finances and this situation is evidenced by the reports from the Auditor General of Guyana who has responsibility for auditing the books of the Council where there is always a problem getting all of the necessary documents to substantiate the expenditure and revenues collected.

The City Council has hosted or participated in a number of major social

events over the last year and it is still to present audited financial statements for those activities.

They participated in the Council’s 175th Anniversary Celebrations, Mashramani and Carnival celebrations. But to date, no audited or certified financial statements have been presented to the Council.

The financial accounting system at the Council is very loose and apparently, there have been no serious efforts to correct that situation.

When I asked the Town Clerk at the last statutory meeting of the Council whether she had all the documents ready for the Audit Committee, she responded that the event was handled by former Town Clerk Royston King and she is trying to piece together records to be handed over to the committee. In other words, it would be difficult to account for the monies collected and spent for the 175th Anniversary celebrations.

After reading the foregoing issues highlighted in this week’s article, I am sure that you will conclude that the Council is at a stage where there is urgent need for a complete overhaul of the system and personnel.

The mode of operation of the Council is dysfunctional and scandalous and it is highly disrespectful to the residents who live here and the businesses which operate here especially since billions of dollars of taxpayers monies are collected as revenues in the guise of providing services which in most cases are non-existent.

12

WEEKEND MIRROR 27-28 JULY, 2019

Granger contradicts ‘Something is seriously Jordan on Budget 2020 wrong with the

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broadcast of ‘Public Interest’ on last Friday (July 19, 2019) saw President David Granger admitting that the powers of the Coalition are restricted.

He said, “There is nothing in the Constitution that defines interim status. But in the jurisdictions that adhere to the Westminster system, if you want to call it that, Canada, Australia and other countries – we have consulted with the laws – and interim status means: we do not pass a budget; we have to keep government running, the routine functions; I cannot undertake State visits and sign agreements with foreign countries; we have to limit our expenditure; and we have to ensure that we do not embark on any controversial project.

“There are half a dozen or more conventions with which we have to comply to ensure that the government restrains expenditure, restrains its actions. “…we are aware of the international conventions and both the Chancellor of

Judiciary of Guyana and the CCJ, the President of the CCJ, cited a Canadian expert and we are abiding by those six principles. We accept the status of interim government and we are not going to breach the convention.”

Granger’s comments are in stark contradiction to comments made his Finance Minister, Winston Jordan, at the Launch of the Budget 2020 Sensitization and Training Sessions on July 11, 2019 at the Arthur Chung Convention Centre.

Jordan had said, “They trot out the view that we should not start budget preparation because Elections are due, and that in so far that there is a government, it is only a Caretaker Government. Let it be known that our Constitution does not provide for a Caretaker Government.

Parliament has not been dissolved; is still in session.

And this Government, in spite of the successful passage of the No Confidence Motion, still retains a ma-

President’ – Nandlall

O

jority.”

He added, “Leave the politics to the politicians. I am so happy that you turned in your numbers today, and that you eschewed the rantings of the political Opposition who were urging you not to follow the Budget Circular. Continue to work hard and believe.”

Notably, from all indications preparations for Budget 2020 are continuing, signaling the Coalition’s intent to take Budget 2020 to the National Assembly.

Gov’t officials singing different tunes on business before National Assembly

‒ Jagdeo says no legislation can be originated now

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he business of the APNU+AFC Coalition in the National Assembly, declared Minister of Communities, Ronald Bulkan, who insisted that there is no restriction on the meeting of the National Assembly, despite the fact that the Caribbean Court of Justice (CCJ) declared that the Coalition is a caretaker government.

The CCJ on July 12, 2019 said, “By convention, the government is expected to behave during this interim period as a caretaker and so restrain the exercise of its legal authority. It is this caretaker or interim role that explains the three month deadline, in the first instance that the Article lays down, in principle, for the holding of the fresh elections.”

The Article referred to is Article 106 (6) and 106 (7) of the Constitution, which states that: “(6) The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence. (7) Notwithstanding its defeat, the Government shall remain in office and

shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”

At present, the Coalition is pushing forward with a move to have several Bills tabled and passed in the National Assembly. They include: • July 8, 2019 – Bill No. 10 of 2019, the Adoption of Children (Amendment) Bill 2019; • July 8, 2019 - Bill No. 11 of 2019, the Restorative Justice Bill 2019.

• May 12, 2019 - Bill No. 9 of 2019 – The Small Business (Amendment) Act 2019 • May 22, 2019 - Bill No. 8 of 2019 – The Guyana Gold Board (Amendment) Act 2019 Last weekend, Bulkan said, “I see no restriction on Parliament meeting with regards to laying of Bills.”

However, also last weekend, President David Granger sang a different tune. He said, “There are half a dozen or

more conventions with which we have to comply to ensure that the government restrains its actions…we are aware of the international conventions and both the Chancellor of Judiciary of Guyana and the CCJ, the President of the CCJ, cited a Canadian expert and we are abiding by those six principles…we accept the status of interim government and we are not going to breach the convention.”

Notably, Opposition Leader, Bharrat Jagdeo, has said that no legislation should be originated or amended during the period of this ‘caretaker’ government. “If Basil Williams doesn’t understand what Caretaker government means, it means no legislation can be originated now…so there will be no further legislative process,” he said.

Jagdeo also reiterated his call for Parliament to be dissolved. “Elections have to be held within three months. It follows that the next step that follows is the dissolution of Parliament…the position is that the President must now comply with the ruling of the CCJ, and must dissolve Parliament,” he stressed.

n the televised broadcast of “Public Interest”, President David Granger stated that he must play a role in submitting names to be placed on the list of six.

He had said, “I am not sure that the Opposition understands the implications of the ruling by the CCJ. The CCJ made it clear that it is not altering the Constitution, it is interpreting the Constitution by suggesting that we move away from unilateralism, which is why the appointment of Justice Patterson was flawed, toward consensual-ism. This means that if the President of Guyana has a role to play in the selection of the Chairman, the process would be faster and both sides would be happier because we would have agreed, during the stage of the process, to the appointment of the Chairman.

“I can only do that if I am involved. I am not a passive participant. I am not a passive observer to the process. I am an active participant in the process.

And this is what I have been trying to do and this is what I have been trying to get the Opposition to understand. I cannot simply sit and wait for them to send the list.

This is what failed in the past. This is what forced me to rely on the proviso in the Constitution, empowering me to appoint a Chairman, if the list submitted by the Leader of the Opposition was not in accordance with the Constitution.

“It is very important that we pay attention to the spirit and the letter of the consequential orders, that is to say the President must be given a role and it means that I have to be involved in the selection of nominees before those nominees come to me.”

Notably, at a press con-

ference, immediately after the 4th July 2019, meeting between Opposition Leader, Bharrat Jagdeo, and the President, Granger said that “the Caribbean Court of Justice (CCJ) has not changed the Constitution and it would be improper for me to submit names and then appoint my own name as Chairperson of the Guyana Elections Commission (GECOM).”

In brief comments, former Attorney General, Mohabir Anil Nandlall, stated that “Something is seriously wrong with the President.

The CCJ ruled that the President cannot appoint a person of his own choosing, once the Leader of the Opposition submits a list to him.

When one strip the engagement between the Leader of the Opposition and the President of their esoteric content, it boils down to the President insisting on appointing someone of his own choosing.”

Nandlall further explained that “The CCJ guidance must be interpreted in a context. That context is Article 161 (2) of the Constitution. That Article mandates for the Leader of the Opposition to submit names to find the “not unacceptability” of the President.”

“All that the CCJ did was to explain how this objective can be achieved. The CCJ never intended and simply could not have intended to invest the President with a power to submit names to the Leader of the Opposition. Any interpretation of the CCJ judgement, which lends to that conclusion is an interpretation that is irrational, capricious, whimsical and absolutely ignorant of the provisions of Article 161 of the Constitution and the intention placed upon it by the CCJ,” the former Attor-

ney General stated.

At this stage of the informal process, four names, of several submitted by the Opposition Leader, Bharrat Jagdeo, have been deemed “not unacceptable” to President Granger.

Notably, at his last recent press conference (18th July 2019), in addressing the current process that is ongoing, Jagdeo said both sides are trying to “hammering out” names as part of a process to reach consensus. “We have not changed the Constitution… we have made some progress. We have four already. We will work on two or three more. And we will have no questions of rejection at that point in time of the list.”

The June 18, 2019, ruling of the Caribbean Court of Justice made clear that once there is a process of engagement, the President cannot use the proviso to make a unilateral appointment.

The ruling said, “[Paragraph 28] Unilateral appointment by the President in keeping with the proviso to Article 161(2) can hardly be an option if the Leader of the Opposition demonstrates a willingness to engage in good faith the process outlined above.”

On the smoothness of the engagement between the Parliamentary Opposition and the APNU+AFC Coalition, the Opposition Leader said, “There are a lot of outside players who are trying to influence the process and influence the President not to comply with the Constitution. That is for him to sort out.” Nonetheless, Jagdeo stressed that the Constitution has not been changes, relative to his role in submitting names to Granger, which will be considered for appointment of a new GECOM Chairperson.

13

WEEKEND MIRROR 27-28 JULY, 2019

No person, entity will be allowed to ‘singularly’ derail the democratic process – Ali T

he protest actions being advanced by the People’s Progressive Party/ Civic (PPP/C), in various forms, will continue as long as it is necessary to fight to protect the rule of law and democracy in Guyana, declared PPP/C presidential candidate, Irfaan Ali. Speaking at Friday’s (July 19, 2019) protect action outside the head office of the Guyana Elections Commission (GECOM), High Street, he said, “As you are aware, the CCJ (Caribbean Court of Justice) has ordered Elections in Guyana in keeping with the Constitutional requirements that kick in after the valid passage of the no-confidence motion.

“The only requirement of GECOM at this moment, from an administrative standpoint, is to prepare for Elections and ensure that everything is done to ensure that Elections are held within the constitutional timeframe of three months. We know that

the house-to-house registration will not be completed within the three-month constitutional timeframe for elections to be held.”

He underscored both the ruling and order handed down by the Caribbean Court of Justice. He said, The CCJ has made it clear that the constitutional requirements, in relation to the holding of elections, must be adhered to.

House-to-house registration

cannot accommodate that timeframe. We are saying that GECOM must proceed to prepare for elections within three months.”

The CCJ in its July 12, 2019 consequential order made clear that GECOM must comply with the Constitution – that is Elections in three months.

The order said: “The Guyana Elections Commission (“GECOM”) has the responsibility to conduct that election and GECOM too must abide by the provisions of the Constitution. …Article 106 of the Constitution invests in the President and the National Assembly (and implicitly in GECOM), responsibilities that impact on the precise timing of the elections which must be held.”

Asked about his message to supports, Ali said, “We have told our supporters that we will continue to fight to ensure that the provisions of our Constitution are pro-

tected and the ruling of the CCJ is adhered to and no disrespected or disregarded

by GECOM or the Government. GECOM has a responsibility, otherwise they are in contempt of Court. To our supporters we are saying that we will continue to fight to protect the rule of law and democracy in our country.”

The PPP/C presidential candidate also took aim at

the Chief Elections Officer, Keith Lowenfield. He said, “You saw the legal advice to Mr. Lowenfield, urging him not to proceed with national house-to-house registration. I don’t know what the motive of Mr. Lowenfield is. I don’t know why he is blatantly disregarding the orders of the CCJ and the constitutional requirements that elections must be held within the three

months. “…Mr. Lowenfield needs to be reminded that he is not above the law…he must respect the Constitution of our country. We are going to stand up against his singular attempt to derail the process of democracy. We are going to stand up against his singular attempt to take away our right, the people’s right, to elect a government of their choice and to have a government governing the affairs of this country. Mr. Lowenfield and GECOM are standing in the way of democracy and standing in the way of the rule of law.”

Ali made clear that the protest actions will not stop.

“We will not stop until GECOM and this Government respects the rule of law and call elections…this government has said they can win the elections, so why is it that they are afraid of calling the elections…together we will stand and together we will fight,” he stressed.

No acceptance of any action that represents blatant disregard and disrespect of our Constitution – Jagdeo Below are comments by People’s Progressive Party (PPP) General Secretary, Bharrat Jagdeo, on Friday (July 19, 2019): Our protest action outside the head office of the Guyana Elections Commission (GECOM) today, was to call for compliance with the Constitution of Guyana and the ruling of the CCJ. APNU+AFC’s anemic protest, whenever it took place, was to ask GECOM to disrespect our Constitution.

The “secret” June 11, 2019 Order signed by the illegally appointed GECOM Chairman, James Patterson, was overtaken by the order of the CCJ on July 12, 2019 and cannot be used as the basis on

which house-to-house registration is pursued. The CCJ order stated that GECOM must comply with the Constitution – that is Elections in three months – and GECOM itself had advised the Court that embarking on house-tohouse registration will delay Elections until after December 25, 2019.

Further, GECOM’s lawyer, this week, advised Mr. Lowenfield against pursuing house-to-house registration, pointing out that this will conflict with the CCJ’s order.

One, then, has to question his motive to act in contempt of both the CCJ’s order and against the advice of his own Legal Officer.

Mr. Lowenfield has not

even formally informed us, in the PPP, about the confirmed start of new house-to-house registration tomorrow (Saturday, July 20, 2019), despite the fact that the enumeration forms to be used in the process require the signatures of scrutineers from political parties.

We, in the PPP, are now contemplating approaching the Court to prevent this activity by Mr. Lowenfield, which is in contempt of the order of the CCJ and in defiance of the Constitution of Guyana. If this wasn’t bad, what is worse is that the planned start of the exercise is done in a manner to exclude scrutiny. Without notice, parties were not given

sufficient time to ready a list of over 2,000 scrutineers to ensure that the activity is done in a manner that is above board.

GECOM should immediately start preparations

for updating the last valid List of Electors, through a period of Claims and Objections – something that Mr. Lowenfield, himself, , in February 2019, said could be done – to allow any Guy-

anese, who is not registered, to be registered, among other transactions.

GECOM should discontinue any attempt to do house-to-house registration and pay a lump sum, let’s say $100,000, to all the enumerators who have been trained for their efforts thus far.

GECOM should recall the over 8,000 persons who were trained for the November 2018 Local Government Elections, as well as others, and start the process of training and, where necessary, re-training, for General and Regional Elections. There can be no acceptance of any action that represents blatant disregard and disrespect of our Constitution.

14

WEEKEND MIRROR 27-28 JULY, 2019

Massive protest outside Over 1,000 protestors gathered outside the head office of the Guyana Elections Commission (GECOM) on Friday (July 19, 2019) to protest GECOM’s failure to comply with the Constitution and the July 12, 2019 order of the Caribbean Court of Justice (CCJ), by reading itself for General and Regional Elections.

WEEKEND MIRROR 27-28 JULY, 2019

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e GECOM’s head office

16

WEEKEND MIRROR 27-28 JULY, 2019

Caretaker gov’t officials in T&T for investors’ forum greeted by protests A

group of Trinidad & Tobago based Guyanese held a peaceful demonstration in Port-of-Spain at Grand Hyatt-Regency Hotel on Friday (July 19, 2019). They called on the caretaker APNU+AFC government to respect the Constitution of Guyana and adhere to the ruling of the CCJ. At the time of the protest Prime Minister Moses Naga-

mootoo, Mayor of Georgetown Ubraj Narine, businessman Brian Tiwarie and several other government officials were attending a taxpayer funded investors’ forum, which was poorly attended.

People’s Progressive Party/Civic (PPP/C) Parliamentarians, Juan Edghill, Nigel Dharamlall and Vickram Bharrat,

were also in Trinidad and Tobago, in a show of solidarity with the demonstrators.

The Parliamentarian’s also appeared on a radio broadcast and hosted a news conference where they engaged the Trinidad and Tobago media corps to update them on the current state of affairs in Guyana.

T&T Parliamentarian warns his gov’t against dealing with Guyana’s caretaker gov’t T

he presence of a Trinidadian Minister at the Guyana Government’s recent investment outreach in Trinidad and Tobago, last Friday (July 19, 2019) has drawn criticism from a lawmaker in the twin island Republic, who is urging his Government to maintain neutrality when dealing with Guyana’s caretaker Government.

Trinidad Member of Parliament Rodney Charles, who represents Naparima, was quoted in Trinidad’s Newsday berating the twin island’s Energy Minister, Franklin Khan, for attend-

ing at the event.

The event, which was picketed by pro-Opposition supporters— who held placards urging the APNU+AFC Coalition to comply with the Constitution– was held

by Guyana’s Government at the Hyatt Regency Hotel in Port-of-Spain.

Charles pointed out to Minister Khan that a question mark hangs over Guyana’s Government following the Caribbean Court of Justice (CCJ) rulings.

The Parliamentarian was quoted reminding Khan that the CCJ ruled that the Guyana Government should

operate as a caretaker government with the main purpose of calling elections as soon as possible.

“The CCJ, the highest Court in Guyana, recently ruled that the present Government in Guyana led by President David Granger should operate as a caretaker government with the primary purpose of calling elections as soon as possible to determine the will of the Guyanese peoples. That is its only job,” Newsday quoted Charles as saying.

According to Charles in the news report, it was doubtful whether hosting

the investment outreach could be classified as a caretaker responsibility.

Moreover, Charles in the news report also referenced Trinidad Prime Minister Dr Keith Rowley’s foreign policy of non-interference.

He noted that Khan was out of order for attending the Guyana Government-hosted event. Moreover, he questioned the repercussions if the People’s Progressive Party (PPP) were to win the next elections that must be held following the passage of the No-Confidence Motion.

“If, in fact, a TT minister of Government attended an official function in our country last week hosted by the Government of President David Granger to raise investments… that would be entirely out of order. How will (a potential PPP Government) view our actions in the run up to the elections? Will this affect our relations with Guyana?”

He pointed out in the Newsday that it is clearly not in “T&T’s national interest at this time to appear to be taking sides either with the present caretak-

er Government of David Granger or with the Opposition. Given all the circumstances, our national interest will be best served by being scrupulously neutral”.

Guyana’s Government fell to a No-Confidence Motion on December 21, 2018, and approached the Courts soon after to overturn the vote. When the matter reached the CCJ, the regional Court validated the vote. To date, the APNU+AFC Coalition has taken no steps to ensure full compliance with the rulings and orders of the Caribbean Court of Justice (CCJ).

17

WEEKEND MIRROR 27-28 JULY, 2019

Civil Society demands

CONSTITUTIONAL COMPLIANCE

Non-compliance will have grave implications T

he Guyana Manufacturing and Services Association welcomes the ruling on the consequential orders and more so the commitment by all of the political players to abide by the said ruling and have a speedy resolution to the unprecedented situation faced by Guyana.

We are cognizant of the importance placed by the Court with respect to the

need for a functioning Elections Commission in order for credible Elections to be held as soon as possible. In this context we exhort the Leaders of the two Political Parties to be fully engaged on a continuous and meaningful basis until a consequential solution is arrived at.

In so doing we also exhort the political leaders to abide by the Constitutional

requirements and conditionalities as it relates to the criteria for the selection of nominees of Chairman who should not have known affiliation/allegiance to any party.

We do so given the grave consequences that could result in other Local, Regional and International judicial matters.

Guyana Manufacturing & Services Association Ltd.

Guyana’s democratic status must be maintained

T

he American Chamber of Commerce, Guyana, wishes to register its support along with the diplomatic community, civil society and other Private Sector Organizations for the strict adherence to the Caribbean Court of Justice (CCJ) ruling on July 12, 2019.

In maintaining Guyana’s democratic status, AMCHAM is urging all political actors to comply with the CCJ ruling in an effort to bring an early resolution

to the consequential orders in keeping with the Constitution of Guyana.

The Chamber anticipates that this process will be expeditious and mirrors democratic customs as was explicitly clear in the ruling of the court as mandated by the relevant provisions of Guyana’s Constitution, which in effect ensures the maintenance of the rule of law which is critical for continued investor confidence in Guyana.

AMCHAM also notes the obligations of the President of Guyana, the Leader of the Opposition and the Guyana Elections Commission to act with integrity and statesmanship in upholding the constitution and rule of law. It is an opportune time for goodwill to prevail to unite all the people of Guyana towards a sustainable and economically prosperous Guyana.

American Chamber of Commerce (Guyana)

Decisions in the national interest must be based on pellucid, unambiguous CCJ ruling T

he Georgetown Chamber of Commerce and Industry (GCCI) continues to follow the developments occurring in Guyana’s political landscape. The GCCI, a private sector umbrella organization, established in 1889 by the Georgetown Chamber of Commerce & Industry Act of 1889 (Chapter 89:03 of the laws of Guyana) is mandated by the Act in essence to advocate in legislative, regulatory and political arenas to foster an environment conducive to private sector development.

The GCCI, respecting the process of the right to appeal, withheld commentary on the developments in the political landscape as they unfolded.

With the Caribbean Court of Justice (CCJ), the final court of appeal, having provided a ruling, as well as issuing the consequential order on July 12th, 2019, the GCCI would like to see all actors respecting the ruling of the CCJ and complying with the Constitution of Guyana.

It is imperative to note that uncertainty in the political arena has grave implications for investment, consumption and by extension, economic growth of the

country. Businesses require certainty and stability in their external environment, which foster the confidence to invest; it is the role of government to provide a stable environment which is conducive to business. The Chamber feels it necessary to add its voice to these as the uncertainty about the next steps affects members and rhetoric that could be a cause for concern has been noticed.

CARETAKER GOVERNMENT It has become pellucid and unambiguous, following the decision of the court, that the government is now in a caretaker role. This caretaker role impairs the powers and the functioning of Government since article 106(6) of the Constitution results in the Cabinet having been resigned. In fact, the CCJ quoted Peter Hogg on the definition of a caretaker government which, when followed, results in the government limiting its activity that which is: “(a) routine, or (b) non-controversial, or (c) urgent and in the public interest, or (d) reversible by a new government without undue cost or disruption,

or (e) agreed upon by the Opposition (in those cases where consultation is appropriate’).”

One can also look at the court orders stemming from the case have been specifically described by Guyanese case law, in the Elections Petition of 1997 (commonly referred to as the Esther Perreira case); an abridged version of sections 4 and 5 of the written judgement read as follow: “(4) That of necessity, to uphold the rule of law, to prevent the creation of a legal vacuum with grave consequential chaos and in the interests of effective government, the President and his Cabinet, as presently constituted, shall perform their respective functions of office…subject to the following limitations: a. No legislation shall be introduced in Parliament except those required for the proper and timely holding of fresh -National and Regional Elections and/or in compliance with the terms of the Herdmanston Accord; b. No substantial contracts for the execution of public works shall be awarded without the permission of this court;

c. The state-owned media shall only be used for election purposes through paid advertisements.

(5) Parliament, as presently constituted, shall continue to function for the necessary and limited purposes of enacting such legislation as is required for the proper and timely holding of fresh National and Regional Elections…and shall stand dissolved by Nomination Day.” The necessity of a fully functional government with the full confidence of its people is instrumental to a stable business climate, and as such, the GCCI urges that article 106 (7), which states that elections must be held within 3 months of a successful no confidence motion be followed as is mandated by the Constitution. This is so clear and written in plain language, that the President of the CCJ stated it needed no gloss.

URGENT SELECTION OF GECOM CHAIRPERSON For this to happen as mandated by the Constitution, the Chamber urges the President and the Leader of the Opposition to work

together, through the constitutionally provided mechanism and, in good faith, to ensure the appointment of a Chairperson for the Guyana Elections Commission (GECOM) is made with greatest expedience.

It must be noted that the formula for selecting the Chairperson of the GECOM, was arrived at to ensure a process that allows for the President and Opposition Leader to have input at different stages. The direction and flow of the process is of important as well and must be done in a manner that allows the Opposition Leader, as a constitutional post, to have input in the selection process. Otherwise, the input by the Opposition Leader would be to no effect, defeating the letter and the spirit of the Constitution.

In concluding, the GCCI commends the government for accepting and understanding their caretaker status but urges the government that the limitations cannot carry on for longer than 3 months lest a constitutional crisis arises, resulting in a slower economy. There is a need for consistent engagements like the one between

the President and the Opposition Leader to ensure that a Chairperson can be elected soon. The Chamber wishes to reiterate and reemphasize its call for constitutional compliance, good faith and integrity from actors in the political arena. This is pivotal in ensuring that Guyana continues to thrive as a stable and well-functioning democracy.

The Chamber also wishes to remind all political actors that they are ultimately bounded by the Constitution as well as the directive from the Court.

The Chamber wishes to remind that Guyana now has the eyes of the world watching and it would be prudent to show that despite many differences, the nation’s leaders are able to make decisions in National interest and create a stable political and economic climate. Guyana must show the world that the dark days of ‘Trouble’ during election periods no longer exist. Let us pledge to honor always the flag of Guyana and her Constitution.

Georgetown Chamber of Commerce and Industry

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Court ruling on legal Challenge to house-to-house registration set for August 2, 2019 A

court challenge has been mounted against the House-to-House Registration being carried out by the Guyana Elections Commission (GECOM), by Attorney-at-Law, Christopher Ram. Representing Ram is former Attorney General and Minister of Legal Affairs, Anil Nandlall, and former Speaker of the National Assembly, Ralph Ramkarran, who on Monday (July 22, 2019), filed an Application in the High Court against the Chief Elections Officer, Keith Lowenfield, the Commissioner of National Registration, Guyana Elections Commission (GECOM), and the Attorney General.

The court documents detail requests for the following declarations: 1. A Declaration that the House to House Registration exercise currently being conducted by the Guyana Elections Commission, Chief Election Officer, and/ or Commissioner of National Registration is in violation of Article 106(6) and 106(7) of the Constitution of Guyana; 2. A Declaration that the House to House Registration exercise currently being conducted by the Guyana Elections Commission, Chief Election Officer, and/ or Commissioner of National Registration is in violation of the letter and spirit of the Judgment and Consequential Orders of the Caribbean Court of Justice in the consolidated Appeals: a. CCJ Appeal No GYCV2019/009 – Christopher Ram v AG & Others; b. CCJ Appeal No GYCV2019/010 – Bharrat Jagdeo v Ag & Others;

c. CCJ Appeal No GYCV2019/011 – Charrandas Persaud v Compton Herbert Reid 3. A Declaration that the House to House Registration exercise currently being conducted by the Guyana Elections Commission, Chief Election Officer, and/or Commissioner of National Registration is illegal, unlawful, ultra vires, unconstitutional, null, void and of no effect.

4. A Declaration that the House to House Registration exercise currently being conducted by the Guyana Elections Commission, Chief Election Officer, and/ or Commissioner of National Registration is contrary to Articles 161 A, 162 of the Constitution of Guyana and the National Registration Act Chapter 19:08.

5. A Conservatory Order prohibiting the Guyana Elections Commission, Chief Election Officer, and or Commissioner of National Registration from conducting or continuing to conduct the current House to House Registration process.

6. An Order compelling the Guyana Elections Officer, Chief Elections Officer, and/ or Commissioner of National Registration, to immediately take all steps and actions necessary and requisite to hold General and Regional Elections on or before the 18th day of September 2019, in compliance with Article 106(6) and 106(7) of the Constitution of Guyana and the decisions of the Caribbean Court of Justice in the consolidated appeals: • CCJ Appeal No GYCV2019/009 – Christopher Ram v AG & Others; • CCJ Appeal No GYCV2019/010 – Bharrat

Jagdeo v Ag & Others; • CCJ Appeal No GYCV2019/011 – Charrandas Persaud v Compton Herbert Reid.

HEARING The matter was head by Acting Chief Justice, Roxanne George-Wiltshire, on Tuesday (July 23, 2019).

The Acting Chief Justice also ordered the other parties – the Attorney General and Lowenfield – to file any affidavits they wish to file

by Monday, July 29, 2019.

Ram’s legal team will have up to July 31, 2019 to reply to these.

She made clear that all legal submissions must be made to her on or before August 2, 2019, at which point she will deliver a ruling.

The Guyana Bar Association (GBA) was granted permission by the Chief Justice to be a party to the case and would also be filing written submissions.

Senior Counsel Neil Boston failed in his bid to secure 14 days to file a response to Ram’s position that general elections ought to be held

by September 18, but the registration process would far exceed that date.

AFFIDAVIT FILED The Acting Chief Justice also ordered that a further affidavit to be filed by Ram’s legal team, which was done.

Nandlall explained that in the Affidavit, reference is made to a “Work Plan” presented by the Chief Elections Officer to GECOM, which clearly states that the house-to-house registration exercise will take 290 days to complete.

He said, “Therefore,

based upon the Chief Elections Officer’s own work-schedule, since that exercise commenced on the 20th July 2019, it shall conclude in April 2020. The said document is attached to the Affidavit as an exhibit.

“In the Affidavit, it also refers to the Order issued

by Mr. Justice (rtd) James Patterson, then Chairman of GECOM, published on the 11th June 2019, in the Official Gazette, which purports to authorize the ongoing house-to-house registration exercise. This document states expressly that the exercise shall begin on the 20th July 2019, and will end on the 20th October 2019. This Order is also attached to the Affidavit as an exhibit.

“These two documents alone, both of which emanate from GECOM, establish beyond a shadow of doubt that the house-to-house registration exercise cannot be concluded before the 18th September 2019.”

The Affidavit further explains that the timelines established by those documents speak only to the conclusion of the house-to-house registration exercise and not when elections can possibly be held, because a number of subsequent processes have to be undergone upon the conclusion of the house-tohouse registration exercise, before elections can be held.

For example: 1. The house-to-house registration exercise will produce a new National Register of Registrant (NRR); 2. This Preliminary List of Electors will then have to be subjected to a Claims and Objections exercise, for at least fourteen (14) days, to

yield a Revised List of Electors (RLE); 3. The Revised List of Electors will have to be displayed, for public scrutiny for at least twenty-one (21) days, before an Official List of Electors (OLE) can be generated; 4. It is only after this Official List of Electors is generated that Nomination Day, which is required by statute to be held at least thirty-two (32) days before Elections Day, can be held. (Note these timeframes are the minimum permitted by law) Nandlall said, “Therefore, there can be no doubt that this house-to-house registration process will make it impossible to hold elections by the 18th September 2019.

“The Affidavit also advances a number of legal contentions, which will be supported by written legal submissions to establish that not only is the house-tohouse registration process in contravention of Article 106 (6) and (7) of the Constitution as interpreted by the CCJ, but also that the exercise will unlawfully de-register currently registered electors, who are qualified to vote and that the removal of registered Guyanese from the NRR, by scrapping of the current database is, contrary to, and in violation of the National Registration Act.” ELECTIONS MUST BE HELD In comments after the hearing, Nandlall said, “The important things to report are: firstly, the Chief Justice made it very clear that her interpretation of the CCJ’s judgement in the no-confidence motion cases, as well

as the consequential orders is that elections must be held

by September 18, 2019 – that is very important; second, at this stage of the proceedings she did not find it fit to stop the exercise on the ground that that she is not satisfied that the exercised commenced will prevent elections from being held on that date. “…significant in the mind of the Chief Justice is that elections must be held by September 18, 2019 in accordance with the CCJ ruling and Article 106 (7) of the Constitution.”

Article 106(6) and (7) of the Constitution states as follows: (6) The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.

(7) Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.

Christopher Ram is also represented by Attorneys Pratesh Satram, Marcia Nadir-Sharma, Kamal Ramkaran, Devindra Kissoon, Euclin Gomes, Manoj Narayan, Sasha S. Mahadeo-Narayan, Rajendra R. Jaigobin, Mark Conway and George Thomas.

Lowenfield admits that house-to-house registration is unnecessary for impending elections I

n accordance with the rulings and consequential orders issued by the Caribbean Court of Justice (CCJ), as well as Guyana’s Constitution, elections have to be held by September 18, 2019 – within three months of the June 18th ruling of the CCJ, which declared that the no-confidence motion was validly passed.

While the David Granger-led APNU+AFC Coalition has been insisting that there can be no move to General and Regional Elections without a new national house-to-house

registration process to create a new Voters List, Chief Elections Officer, Keith Lowenfield, under pressure, has admitted that this is not so.

When pressed by the media on Tuesday (July 23, 2019), he admitted that the last valid List of Electors, as of April 30, 2019, can be refreshed via a Claims and Objections period and used for new General and Regional Elections.

He said, “If a claims and objections exercise is to be used, then that will form the basis of a preliminary list.”

Asked specifically if the last Valid List can be used to conduct a free and fair Elections, Lowenfield said, “That is correct.”

GECOM has made clear in the past that a Claims and Objections exercise that will: Allow any eligible Guyanese who has reached the age of 18-years-old to be registered if their name is not on the Voters’ List; Allow any eligible Guyanese to get a transfer from one voting district to another, in the event that they changed their place of residence; Allow any

eligible Guyanese to do a name change; Allow for the removal of a dead person from the Voters’ List; and Allow for objections to be made to the name of someone not eligible to be on the Voters List.

From mid-May 2018 to the early part of July 2018, the Guyana Elections Commission (GECOM) conducted a Continuous Registration process. The names of eligible Guyanese voters are included in a database called the National Register of Registrants. A Continuous Registration

process ensure that persons who reached the age of 14 are added to this database and when they become 18-years-old their names are automatically added to the Voters’ List.

A Continuous Registration process also ensures that all other eligible persons are registered so that they can be able to vote when the time come. It ensures too that other transactions can be conducted as well.

On July 5, 2018, a press release from GECOM urging all those who were (Turn to page 24)

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WEEKEND MIRROR 27-28 JULY, 2019

Positions from Freedom House this week (A look at the latest statements made by the People’s Progressive Party)

Granger cannot insist on submitting names of nominees of new GECOM Chair to himself

T

he People’s Progressive Party wishes to emphatically reject the President’s insistence in submitting names to himself for the appointment of a Chairman of GECOM. The unilateral appointment of Justice (Rtd) James A. Patterson, by the President, was declared flawed, in violation of the Article 161(2) of the Constitution and unlawful on the specific ground that the President appointed one from his own choosing, despite 18 names submitted to him by

the Leader of the Opposition.

Now the President stubbornly insists on doing the same thing.

We maintain, most resolutely, that the President’s interpretation of the CCJ’s ruling in the Zulfikar Mustapha’s case is both warped and disingenuous. On at least 2 previous occasions, the President publicly conceded that the CCJ could not and did not amend Article 161(2) of the Constitution, which he further concedes, ultimately reposes in the Leader of Opposition the exclusive

responsibility of submitting names to the President.

On 4 July 2019, in answer to a question posed by Guyana Chronicle reporter, Swetlana Marshall, the President said: “I am looking forward, as the Director General explained and as I discussed with the Leader of the Opposition – he is open to nominations or recommendations on my part. But I cannot recommend to myself. The recommendation must come from him to me. And I will make a selection. But the CCJ ruling – and this might

have caused some confusion in the media over the last couple of weeks – allows to two sides to hammer out, that is the word they use, hammer out, suitable persons for the list. But it means, yes, I could make submissions, but in the final analysis, that submission has to come to me from the Leader of the Opposition, the CCJ has not taken away that role from the Leader of the Opposition and it has not taken away my prerogative to make a selection. Those have been preserved by the CCJ.” Last evening, in a telecast, the President misinterpreted the CCJ judgment in casting an enlarged role for himself in insisting that the names he suggests must find themselves on the final list

to be submitted to him by the Leader of the Opposition, while at the same time completely ignoring the gravamen of the decisions in the No Confidence Motion cases which are: • That Cabinet must resign; • That a date must be fixed for elections on or before 18 September 2019; 3) that Parliament must be dissolved; and 4) that the Government remains in office merely as a Caretaker until those Elections are held.

This kind of flip flopping forces us to unfortunately question his sincerity, good faith, honour and integrity in the discharge of his constitutional role and function.

The President now speaks

of a “gridlock” while the engagement is still ongoing.

We have submitted four additional names and we are awaiting an indication of whether the President finds them not unacceptable.

Does it now mean that the informal engagement has been aborted? If so, the President is obliged to invite the Leader of the Opposition to formally submit six names for the appointment of a Chairman of GECOM in light of the CCJ’s judgment quashing the appointment of Justice (rtd) James Patterson.

The Leader of the Opposition remains committed to engage until there is agreement on a final list of six names to be submitted to the President. (July 20, 2019)

House to House registration intended to deliberately de-register thousands, delay elections

T

he leadership of the People’s Progressive Party met today (July 22, 2019) and decided that to participate in the Guyana Elections Commission’s illegal National House to House Registration will make it complicit in aiding and abetting the violation of the Caribbean Court of Justice (CCJ) June 18th 2019 rulings and July 12th 2019 consequential orders, which upheld the Guyana Constitution.

The Caribbean Court of Justice ruling and consequential orders stated that the No Confidence Motion was valid, the No Confidence Motion was passed with 33 of 65 member National Assembly, and, as a result the President and Cabinet must resign, and, elections must be held within three months as required by article 106 (6) and (7).

Further the CCJ ordered that, “The Guyana Elections Commission has a responsibility to conduct that Election and GECOM too must abide

by the provisions of the Constitution.”

The PPP, therefore, shall not participate in this illegal unilateral activity by the Chief Elections Officer which threatens peace and stability in the country and undermines constitutional rule.

The Chief Elections Officer has embarked on a House to House Registration in defiance of the Caribbean Court of Justice, the apex court of Guyana, and, even in defiance of the advice of GECOM’s internal legal officer, at a time when there is no functioning Commission in place. He must be stopped.

The approach to the court to bring an injunction to stop the National House to House Registration is one stage of the struggle to ensure that constitutional rule is preserved.

The PPP is convinced that this House to House exercise is intended to deliberately de-register thousands

of Guyanese voters. The objective is to delay elections to facilitate the APNU/AFC government remaining in office illegally after September 18th 2019.

The PPP gives notice that it will, therefore, not accept any voters’ lists generated by this illegal exercise.

We remain resolute in our position that the illegal House to House registration must be stopped and that the claims and objection period must commence.

GECOM must immediately start preparations for general and regional elections in compliance with Article 106 (7) of the Constitution and the CCJ's rulings and consequential orders.

The Peoples’ Progressive Party urges Guyanese not to support this illegal exercise and calls on all political parties, civil society and other stakeholders, including the international community, to condemn this unconstitutional act. (July 22, 2019)

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Process to appoint a new GECOM Chair

No meetings of working groups on new GECOM Chair

F

ollowing a meeting between Opposition Leader, Bharrat Jagdeo, and President David Granger, last Tuesday (July 16, 2019) a decision was taken to continue informal meet-

ings of smaller working groups to address the appointment of a new Guyana Elections Commission (GECOM) Chairperson.

The first of these meetings was held last Wednes-

day (July 17, 2019), but the next meeting scheduled for Thursday (July 18, 2019) was cancelled. There has been no meeting of the smaller groups since.

Presidential can-

didate for the People’s Progressive Party/ Civic (PPP/C), Irfaan Ali, and PPP/C Parliamentarian, Anil Nandlall, are representing Jagdeo during the informal meetings. The

Government's side was represented by Director General of the Ministry of the Presidency, Mr. Joseph Harmon and Chairperson of the People’s National Congress Reform (PNCR),

Volda Lawrence.

While Granger assured that the process to appoint a new GECOM Chair could be done “within days” the process has been dragged out.

Granger reminded that responsibility to name nominees for GECOM Chair is not his A

letter, dated July 20, 2019, by Opposition Leader, Bharrat Jagdeo, was sent to President David Granger, stressing that the roles of both leaders are clear in the Constitution.

On the issue of consultation, the June 18, 2019 judgment of the Caribbean Court of Justice (CCJ) said: “[Paragraph 33] Article 161(2), therefore, requires that the list of eligible nominees for the office of Chairman of the Elections Commission be finalized through a process of consultation, dialogue and compromise between the President and the Leader of the Opposition and that this process is to be completed before the list is formally submitted by the Leader of the Opposition to the President.”

It added, “[Paragraph 26]: The requirement for ‘meaningful consultation’ between the Leader of the Opposition and the non-governmental political parties that may be represented in the National Assembly is clear and needs little elaboration…we are of the view that the most sensible approach is that before a list is submitted, the Leader of the Opposition and the President must communicate with each other in good faith on, and perhaps even meet to discuss, eligible candidates for the position of Chairman.

The aim of these discussions must be to agree the names of

six persons who fit the stated eligibility requirements and who are not unacceptable to the President.”

Jagdeo made clear that while he indicated that he was not “averse” to suggestion of nominees from the President – while those were accorded serious consideration – this must not be interpreted as an obligation to include these in formal submission of six names.

Granger’s involvement, relative to suggesting names, stems from guidance of the Caribbean Court of Justice.

The June 18, 2019 ruling said: “[Paragraph 27]… In our view, employment of the double negative, ‘not unacceptable’, signals that an onus is placed on the President not to find a nominee unacceptable merely because the nominee is not a choice the President would have himself made. The President should only find a nominee unacceptable for some good reason on objective grounds.

If a President were permitted, capriciously or whimsically, without proffering a good reason, to reject eligible nominees, this would frustrate the proper working of the Constitution, defeat the intention behind the amendment to Article 161(2) and pave the way for unilateral presidential appointment.” “[Paragraph 28] Once the President and the Leader of the Opposition have ham-

mered out a list of names not unacceptable to the President, the list, comprising the six persons, must then formally be submitted to the President by the Leader of the Opposition and the President must then select the Chairman from among those names.

This approach gives the President a role in the identification of the six names, but it obviates the possibility that, after the formal presentation of the list, the President could suggest that one or more of the names, or indeed the entire list, is ‘unacceptable’.”

The Opposition Leader made clear that this is a position Granger had accepted on July 4, 2019, when he said, “I am looking forward, as the Director General explained and as I discussed with the Leader of the Opposition – he is open to nominations or recommendations on my part.

But I cannot recommend to myself. The recommendation must come from him to me.

And I will make a selection.

But the CCJ ruling – and this might have caused some confusion in the media over the last couple of weeks – allows to two sides to hammer out, that is the word they use, hammer out, suitable persons for the list. But it means, yes, I could make submissions, but in the final analysis, that submission has to come to me from the Leader of the Opposition, the CCJ has not taken away that role from the

Leader of the Opposition and it has not taken away my prerogative to make a selection. Those have been preserved by the CCJ.” Jagdeo added that the responsibility to submit names under Article 161 (2) of the Constitution is, exclusively, that of the Leader of the Opposition – while Granger has the responsibility to chose one person from the final list of six names for appointment.

If those names are rejected, Granger also has a responsibility to give reasons.

On the issue of reasons, the June 18, 2019 judgment of the Caribbean Court of Justice said: “[Paragraph 51] The giving of reasons by the President will ensure transparency and accountability to the people, avoid unilateralism and arbitrariness, and engender public trust and confidence in the Elections Commission. “[Paragraph 52] In the absence of the reasons of the President, the question why a list was rejected by the President would remain a mystery not only to the Leader of the Opposition who submitted the list, but generally to the people of Guyana.”

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Granger’s public statements can no longer be believed by the public – Teixeira W

ith more than a week having passed without any further engagements between the Parliamentary Opposition and the APNU+AFC Coalition on the appointment of a new Guyana Elections Commission (GECOM) Chairperson, People’s Progressive Party (PPP) Executive, Gail Teixeira, called out the David Granger-led Administration for yet another demonstration of bad faith.

In comments on the matter on Wednesday (July 24, 2019), she said, “It is unbelievable that one week has passed and no meeting has been scheduled for the continuation of discussions at the informal level either between the Leader of the Opposition and the President or with their emissaries.

“We, in the Parliamenta-

ry Opposition, thought that we were making progress in

the informal engagement, albeit slowly, with four names

that are “not unacceptable” to the President. Despite the CCJ’s ruling that the appointment of the chairman in accordance with the constitution is of “utmost urgency”, and the President’s statement on July 12th that the appointment could be done in a matter of days, the Leader of the Opposition’s informal submission of an additional four names on July 18th for the President’s consideration with regards to their acceptability to him remains unanswered.

“This is the ‘bad faith’ that the Caribbean Court of Justice warned about in their June 18th ruling and July 12th consequential orders.”

According to her, Granger’s public statement must no longer believed by the public.

“On several occasions he has

changed his mind and in others openly contradicted earlier public statements such as those he made on July 12th, and July 19th, 2019 which are a complete reversal of the statements he made at his July 4th press conference following the meeting with the Leader of the Opposition with regards to the appointment of the Chair of the Guyana Elections Commission,” Teixeira said.

She noted that on July 4, 2019, Granger reaffirmed that, “Yes I could make submissions, but in the final analysis, that submission has to come to me from the Leader of the Opposition, the CCJ has not taken away that role from the Leader of the Opposition and it has not taken away my prerogative to make a selection. Those have

been preserved by the CCJ.” The PPP Executive pointed out, however, that in his July 12 and 18, 2019, statements, the President “inserted himself in the role of submitting and determining names on the list of six from which he will select” – a role in contravention of art 161 (2) and the CCJ ruling of June 18th 2019.

“The Leader of the Opposition has on more than one occasion written to the President and declared publicly ‘his availability to meet at any time and daily’ in order to conclude the informal process of finding six names ‘not unacceptable’ to the President in keeping with article 161 (2),” Teixeira said.

However, to date there has been no scheduled meeting to address the matter.

Holding the APNU+AFC Coalition to account – a review of local happenings

CARICOM abandons CCJ even as its President calls for greater acceptance

By Dr Leslie Ramsammy

T

he Caribbean Community (CARICOM has an obligation to stand by its institutions, must strongly insists CARICOM countries respect the sanctity and mandate of these institutions.

Whenever any country disrespects a CARICOM institution, CARICOM abrogates and abdicates its duty and responsibility if it idly squats on the sidelines, if it opts for silence. As of this very moment, the CCJ is being dishonored and disrespected by the Guyana Government.

This is especially egre-

gious since Guyana is one of the founding members of CARICOM and the first country to sign on to the CCJ as its appeals court.

The CCJ made its rulings on various constitutional matters on June 18th, 2019 and issued consequential orders on July 12th.

While mouthing its acceptance of the rulings and the consequential order, the Government of Guyana has contemptuously ignored every ruling of the CCJ made on June 18th and every order made on July 12th. It has chosen to lie about the rulings and orders, deliberately misrepresenting the rulings and orders, as it shamelessly ignore the rulings and orders.

In the face of this contempt of the CCJ, CARICOM is silent, standing on the sideline, as a disinterested stakeholder.

The arrogance with which the Guyana Government is treating the CCJ renders it a toothless poodle.

CARICOM"s silence is adding to salt to open wounds.

But, even more potent, is CARICOM's silence is adding nails to the coffin of

the CCJ. It is reckless and shameless that CARICOM pretends as if the CCJ was not involved in a milestone decision, as if the CCJ is not under siege by a rogue government. The question is why is CARICOM so silent, why has it opted to act as if it is impotent? Would CARICOM be as silent if the PPP was the Government? Would they be so silent had it been another CARICOM country?

The Caribbean Court of Justice (CCJ) is one of the most important of the CARICOM institutions. In the almost twenty years of its existence, the CCJ has served CARICOM with distinction, brought pride to CARICOM, earning a reputation as a legal institution on par with any international court. It has been served by judges of impeccable reputation and qualification, has shown it is capable of judging on legal merits, evidence and facts.

It has never behaved or provide judgments that leave it open to charges of partially and bias, fears and concerns that have kept most of the CARICOM countries from signing on to the CCJ as

their final court of appeals.

Justice Saunders, the President of the Caribbean Court of Justice (CCJ), this week asserted it is high time CARICOM countries, outside of the four which have already done so, make the CCJ their final Court of Appeals. The CARICOM Secretariat when they launched the CCJ in 2001, urged all countries to sign on. But even as the CCJ begins its preparation for its 20th anniversary in 2021, only Guyana, Barbados, Belize and Dominica have legally included the CCJ as their final court of appeals. Even the two countries making the largest financial contributions to the CCJ - Jamaica and Trinidad and Tobago - have not signed on to the CCJ as their final appeals court, using still the Privy Council of the UK. The CARICOM Secretariat has done a poor job of ensuring endorsement across the board.

Justice Saunders must be flummoxed even as he urges the other CARICOM countries to make the CCJ its final court of appeals. The

behavior of the Guyana Government and the impotence of CARICOM are the exact reasons for people's suspicion and lack of confidence in the CCJ being their final court of appeals. This is why the call by Justice Saunders come at the most unfortunate time. Why would people in countries like Grenada and Antigua and Barbuda who have already voted in referendums rejecting the CCJ ever want to become a part of the CCJ if governments could so whimsically and recklessly ignore the rulings and orders of the CCJ? If the CCJ can be ignored at the whims and fancies of a government, without any consequence, then the CCJ is nothing more than a joke.

Right now Guyana is making the CCJ a joke, a court that can only make declarations, but has no power. It was never the intention to establish a useless court. It is shameless that CARICOM stands idly by because by so doing CARICOM has confirmed the fears of so many people, choosing to irresponsibly stand with those who promote the obnoxious view the

CCJ could never replace the Privy Council.

But there is even more recklessness to CARICOM's silence than just denying justice to the Guyanese people, CARICOM is destroying its global standing as a global organization with a voice against dictatorship and a voice for law and order. If, for instance, the International Court of Justice (ICJ) rule in favor of Guyana in protecting the integrity of its borders with Venezuela, would CARICOM be in a position to demand Venezuela respect the ICJ's rulings?

CARICOM by its silence as Guyana ignores the rulings of the CCJ will have no moral standing to call on Venezuela to respect this international court.

Incidentally, what if Suriname, another CARICOM member which is not a signatory to the CCJ decides that the ICJ's decision in Guyana's favor regarding its territory in the sea, protecting its right to its OIL resources, will not be respected, will either Guyana or CARICOM be in a position to treat Suriname as a rogue state?

WEEKEND MIRROR 27-28 JULY, 2019

Perspectives from the PPP/C Presidential Candidate

23

Guyana cannot be managed Miners totally neglected, livelihood in jeopardy because for the sole purpose of positive of APNU+AFC Coalition – Ali ‘development ratios’ – Ali he manifesto of the Peo- questions must be asked and reversed immediately after the he mining sector is in a sector but residents and crisis.

T ple’s Progressive Party/ Civic answered, including: PPP/C takes office.”

Trapid state of decline, communities; “Today Guyana is be- (PPP/C) is a “serious national • Are the policies and pro- The PPP/C has promised to: according to the People’s Progressive Party/ Civic (PPP/C) presidential candidate, Irfaan Ali. And in comment to the Mirror Newspaper, he charged that this is due to the failures of the APNU+AFC Coalition.

Ali said, “The rapid state of decline is because of Poor Government policies. There has been: no invention in infrastructure leading to higher cost of transportation and increased cost of production; burdensome taxes that has negatively affected recapitalization and increase transactional cost; the removal of incentives that brought cost savings to miners and hinterland communities; leakages and favoritism in the distribution of mining properties and claims; and neglect, mismanagement and corruption.”

The PPP/C presidential candidate assured that the next PPP/C Government will pursue, aggressively, several initiative to revive the industry. These, he explained, include: • Removing VAT on Hinterland Travel and freight to benefit not only mining

• Removing the fee imposed

by APNU+AFC Coalition to sell gold; • Removing the sliding scale imposed by APNU+AFC Coalition and replace it with a 2 per cent final tax; • Removing VAT on machinery and equipment; • Supporting easier transport for the mining, forestry and communities by reducing travel time and cost by investing a minimum of $2B annually to support hinterland roads; • Establishing a fairer and more equitable system for the distribution of mining property; and • Reviewing the onerous documentation required by small miners.

Ali also noted that the neglect of the gold production, and export sector is causing the industry to shrink. He said, “The declining and inaccurate levels of gold declaration – had it not been for the two large gold mines established under the PPP/C gold production – would have been at a standstill, killing this once vibrant sector that sustained the Guyanese economy following the global financial

coming a conduit for smuggled gold from Venezuela and other countries. As such we run the risk of the country losing international export markets.”

He lamented the fact that President David Granger has refused to meet the Guyana Gold and Diamond Miners Association (GGDMA), despite pleadings by the Association for such a meeting over the past three years.

Ali said, “Despite pleadings and begging by the gold and diamond miners. There is no clear mining policy and framework to better manage the sector, inspite of the efforts which were made under the PPP/C to improve governance and security of the industry.”

The PPP/C presidential candidate stressed that the mining sector is one of the key economic drivers of our economy and no effort should be spared to ensure its success. “Today, our miners who work to sustain developing communities are totally neglected with their true livelihood in jeopardy due to a callous and uncaring Government,” Ali stressed.

Initiatives have to be in place to allow ‘our men and women in uniform to perform at the highest levels’ – Ali

E

ngagements have been held between the People’s Progressive Party/ Civic (PPP/C) presidential candidate, Irfaan Ali, and members of the Joint Services over the past several weeks.

In comments to the Mirror Newspaper, Ali explained that ranks have major concerns that remain unaddressed by the APNU+AFC Coalition. “Over the last month I have engaged with numerous men and women in uniform,” he said.

According to him, concerns of the Joint Services’ mem-

bers include: • Political interference and favoritism in career path and advancement; • Obsolete equipment; • Poor working conditions; • Limited support to their families; • Government that lacks empathy; • Growing work environment in which political directives are becoming constant; • Limited community support; • Limited attention to welfare issues; • Poor salary and benefits; and

• Limited access to personal upliftment and development.

The PPP/C presidential candidate said, “Securing our borders, fighting crime, keeping our homes and community safe requires a healthy mix between well trained and highly motivated manpower backed with the necessary equipment, tools and enabling environment that would foster higher level of performance leading to better results.”

Ali stressed that more has to be done to support the ranks of Guyana’s Joint (Turn to page 24)

document” and not a compilation of unrealistic goals, declared PPP/C presidential candidate, Irfaan Ali. He said, “The manifesto is a serious national document and not an imaginative compilation of unachievable or unrealistic promises. Governments have a moral and ethical responsibility to implement its manifesto. Unlike our current circumstances, we take seriously this document, hence your participation here today.

“As we move forward as a country, it is vital that we take ownership and feel part of the development pathway…our manifesto must be one that is realistic, achievable, time-bound, implementable and measureable.

The PPP has always approached national development, the development of our country and people, in a pro-poor approach to growth and development. Our manifesto must create hope for all our people…we seek to create a future that is inclusive of the development aspirations of all.”

DEVELOPMENT GOES BEYOND RATIOS The PPP/C presidential candidate noted that over the last three and a half years, Guyanese have witness “tremendous difficulty” in the country in the economy, as well as on other fronts. In moving forward, he made it clear that there must be a focus on the wellbeing on the Guyanese people, not on ratios.

He said, “Development goes beyond ratios…we cannot afford to manage the economy based on traditional indicators and ratios.

Instead, we have to manage the economy to ensure sustainable development, which balances economic growth with social development and environmental priorities.

“The development must be felt by every Guyanese. In this regard, we have to focus on issues of inequality, income distribution, vulnerabilities of at risk communities and groups, so that as the tide of the economy rises, all will be placed in a better position.

“The objective of national development goes beyond statistics and ratios, such as Gross Domestic Product...the concept of sustainable development and managing for people is very different.”

As such, he noted that several

grammes making a difference in the lives of people?

• Are our policies and programmes creating jobs?

• Are our policies and programmes generating more income for our people?

• Are our policies and programmes improving the well-being of our people?

• Are our policies and programmes expanding social and economic goods and improving services?

• How are our policies and programmes impacting the pockets and bank accounts of our people?

Ali said, “These are critical questions that we must pose when we develop economic programmes and plans, and not just look at development ratios. As we saw under the APNU+AFC Coalition, policies were only geared at one side of the equation – increased tax collection – but on the other size the taxes were inhibitive to business growth and the development and at the end of it, people were affected. People lost their jobs. People lost their income. And the economy, as a whole, was affected.

“Our focus must be about policies in the short, medium and long term that will bring real benefits, some immediately and some later, by answering the questions that I posed.”

He added that several actions must be taken in the future, including: critically analyzing spending priorities; cutting out waste; investing strategically in the mining and other productive sectors; offering micro-credit to small and medium sized businesses, among several others.

TARGETED FOCUS AREAS The PPP/C presidential candidate pointed to the Health sector, dealing with women and vulnerable groups and addressing crime as key areas for targeted interventions.

Actions, he added, to address the welfare of Amerindians, to address agriculture, labour, youth and education and the advance of Information Communication and Technology (ICT) must also been key focus areas.

“The Guyanese people are expecting a government that will deliver solutions and answers from day one. This is why we have already made some public pronouncements on key issues that are affecting the lives and welfare of people that will be

1. Reinstate the water subsidies to pensioners; 2. Reverse VAT on essential services including water, electricity, and health care; 3. Reopen the closed sugar estates; 4. Restore zero-rated VAT for machinery and equipment for agricultural, mining and forestry industries; 5. Reverse cost of license and permits for doing business and accessing Government services; 6. Reverse land rents and drainage and irrigation charges; 7. Reverse VAT on exports.

8. Reverse VAT on building materials; among others.

On the question of infrastructure, Ali noted that moving forward several issues will be addressed. “We will review several options including the use of fast rail as a mode of transportation linking the East Bank and East Coast…these are some of the ideas we have addressed publicly.”

Looking at the Regions of Guyana, he added, “We will develop Regional specific opportunity based on geographic, social and economic advantages.

This will see a more even spread of investment with targeted incentives from investments in specific areas. You would recall that when the PPP/C was in office we had a special investment bill for Region 10 that gave specific incentives for investment that that region. So in communities and regions where there are specific advantages in different sectors we would have to develop specific investment incentives and regimes to facilitate and motivate investors in those areas.”

On the oil and gas and environmental fronts, Ali made clear that the Low Carbon Development Strategy (LCDS) will be back on the table. “In the area of oil and gas, we will ensure robust policies and measures to address local content, predictability, strong institutions for the management of the sector and a Sovereign Wealth Fund…the sector will be managed by technical persons, while the politicians will take an arms-length approach to management,” Ali said.

A clear and realistic vision for the future will ensure Guyana’s development and progress for the Guyanese people, according to him.

24

WEEKEND MIRROR 27-28 JULY, 2019

Basil Williams’ advertisement ‘deceptively omits’ key parts of CCJ judgement, orders C

abinet, including the President, must resign, elections must be held within three months and within that three-month period, the Government remains in Office as a “caretaker” until the next President is sworn-in.

An advertisement placed

by Attorney General, Basil Williams, published in the local daily newspapers – captioned ‘What PPP/C applied to the CCJ for vs what the CCJ ruled’ – over the weekend was trashed by former Attorney General, Anil Nandlall.

Nandlall said, “The advertisement is divided into two columns. In one column, it

lists the Orders prayed for by the Leader of the Opposition in the No-Confidence Motion cases and the Orders prayed for by Zulfikar Mustapha in relation to the case challenging the appointment of James Patterson as chairman of GECOM. In the other column, there are politically convenient and selective excerpts of the judgments plucked out of context to serve the political agenda of the author of the advertisement. In so doing, the author omits to include passages of the judgments which do not advance his political cause.

“The clear objective

of this advertisement is to demonstrate that the specific Orders sought by the Leader of the Opposition and Zulfikar Mustapha were refused by the CCJ.” The former Attorney General pointed out that the advertisement “deceptively omits the parts of the judgments” that say emphatically, that those Orders were not granted because the Constitution itself, specifically and adequately, provides for what must happen when a No-Confidence Motion is passed in the National Assembly – that is to say, Cabinet, including the President, must resign,

Initiatives have to be in place to allow ‘our men and women... (From page 23) services. “In ensuring men and women in uniform are able to perform at the highest levels there are several initiatives the next PPP/C Government will pursue to enhance the welfare and wellbeing of our men and women in uniform and their families,” he said.

In addressing some of these initiatives, Ali pointed to: • Affordable housing and support in access to financing;

• Support to families; • Enhance training and access to skills development; • Reinstate annual bonus; • Career development and merit based promotion without political interference, favoritism and bias; • Access and support for University education; • Improved and enhanced condition of work remuneration and benefits; • Enhance and improved access and support for health

care; • Rebranding and reimagining to enhance trust and foster respect; and • Retooling to meet changing dynamics in support of improved effectiveness and efficiency.

“These are among the other initiatives that will be reflected in our manifesto.

These are initiatives that the next PPP/C government will commit itself to realizing in its first term,” Ali assured.

There will be no resignation, Constitutional...

(From page 9)

technical support to us for years….the issue is that this government is not acting with integrity.”

The PPP/C Parliamentarian stressed that GECOM, being subservient to the Constitution, must comply with the Constitution.

REFUSING TO RESIGN On the question of the resignation of the President and Cabinet, as required by the Constitution following the passage of the no-confidence motion, Ramjattan said, “Those who are in government continue to, in fact, in law remain in government…by virtue of the necessity of the situation we remain in government.”

Edghill said, “After September 18, 2019, Granger and the APNU+AFC Coalition will be illegal…we will no longer be a constitutional democracy…it would appear that Mr. Ramjattan and his colleagues are happy to hang onto power, living outside constitutional norms…this is

offensive to the majority of people in Guyana.”

Ramjattan was called on to say what is being done by his Government to comply with the Constitution – that is that the President and Cabinet must resign and Elections must be held. “We are not going to resign.”

A shocked Edghill said, “You are not going to obey the Constitution?”

Ramjattan, defiantly said, “We are not going to resign.

There is absolutely nothing in the Constitution that indicates a formal resignation.... it is a legal fiction that is spoken about in that Article (of the Constitution).”

Edghill trashes this comment, saying, “The only role of the caretaker government we have now is to prepare for Elections…Mr. Ramjattan knows what the facts are…. the Constitution trumps Mr. Ramjattan’s views. The Constitution trumps Mr. Granger’s unwillingness to give up office. The Constitution trumps the drum-beats of

Congress Place (PNCR headquarters) of ‘no house-tohouse, no elections’. The Constitution trumps all of that and what is needed is compliance with the Constitution.”

Article 106(6) and (7) of the Constitution states as follows: “(6) The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.

(7) Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”

elections must be held within three months and within that three-month period, the Government remains in Office as a “caretaker” until the next President is sworn-in.

According to him, the author wishes to portray that because the specific Orders prayed for were refused, then the judgments of the CCJ can be ignored by the Government.

“So by analogy, if a wife goes to the court and complains that her husband consistently beats her and she prays for an Order restraining the husband from beating her and the Magistrate refuses to grant such an Order on the ground the laws of the land already prohibit the husband from beating her since assault, actual bodily harm and wounding etc. are all criminal offences, then because the Order was refused, the husband can continue to beat his wife. There is no other way of describing such line of reasoning, other than to say that it is an expression of unparalleled ‘dunceness’,” Nandlall argued.

He added that this type of reasoning characterizes the quality of legal advice the President receives which has now culminated with the President convincing himself that the CCJ judgement, in relation Article 161(2), has conferred

The misleading ad placed by Attorney General, Basil Williams

upon him, a power and right to submit names to the Leader of the Opposition, which the Leader of the Opposition must include in the final list of six names to be submitted to the President for the appointment of a Chairman of the Guyana Elections Commission (GECOM). “In other words, the President is insisting upon submitting names to himself

for appointment by him. The very thing he did in respect of the appointment of Justice Patterson, which the CCJ ruled was flawed and in contravention of Article 161 (2) of the Constitution,” the former Attorney General said.

“It is becoming extraordinarily difficult to refrain from questioning the sense of these people,” Nandlall.

Lowenfield admits that house-to-house registration is... (From page 19) eligible to visit GECOM offices and be registered said: “These registration exercises commenced on May 21, 2018 in an effort to ensure that all eligible person are afforded unlimited opportunities to be included on the National Register of Registrants database.” The press release added that: “This process (Continuous Registration) ensures that GECOM is in a state of preparedness which would enable it to respond to calls for Elections in a timely manner.”

Lowenfield’s comments this week mirror those he made in February this year.

On February 5, 2018, Lowenfield, declared that a short period of Claims and Objections can refresh the validity of the Voters’ List. “We can move toward the conduct, as I said yesterday, of a claims and objections exercise of a duration to be specified by the Commission so that we can arrive at a list,” Lowenfield had said.

Also on February 5, 2019, he stated too that the last Valid List of Electors was “clean” – a sentiment echoed by all the political parties who contested the November 12, 2018 Local Government Elections.

Further, when asked to comment on Granger’s assertion that the voters’ list is bloated by about 200,000 names, Lowenfield said, “You are saying my List is bloated….bloat is not a word it would affix to it (the List).” The Chief Elections Officer also stated that Granger’s claims is based on speculation. Lowenfield said, “It’s speculative. I will want to do an exercise to determine that amount and that exercise can be done,” he said.

The Chief Elections Officer’s comments come even as he is pushing ahead with the controversial new national house-to-house registration process, which started last Saturday, July 20, 2019.

Opposition-nominated GECOM Commissioner, Bibi Shadick, is on public record stating that the push for new national house-tohouse registration was led by the People’s National Congress Reform (PNCR) General Secretary, Amna Ally.

What new national house-to-house registration means is that the names of all eligible Guyanese voters currently on the List of Voters’ will be deleted – the country will be starting from zero to create a new database of voters. And there is no guarantee that starting over will ensure that the names of all eligible Guyanese voters are put back into the database. As part of their push for new national house-to-house registration, the Coalition is also proposing that persons who are not currently in Guyana – students studying abroad, Guyanese working overseas or Guyanese on holiday for a few months – will all be de-registered.

25

WEEKEND MIRROR 27-28 JULY, 2019

Body found at Crabwood Creek

T

he body of a man was found at Crabwood Creek, Berbice on Wednesday (July 24, 2019).

He has been identified as Joel Roy. Police investigations are ongoing.

Nursing students robbed at gunpoint

T

wo nursing students who reside at the nurses’ hostel at New Amsterdam, were robbed by an armed bandit and his accomplice, who apparently gained entry through a northern window.

The victims, Wendy John and Eliza Edwin, who both hail from Region Eight (Potaro-Siparuni), were asleep when, at around 01:30hrs on Sunday (July 21, 2019), they were awakened

by two masked intruders who demanded that they hand over whatever valuables they had.

They handed over one Samsung Galaxy S8 cell-phone ($101,000.00); a Samsung Galaxy Tab 4 ($43,000.00); and a Samsung Galaxy J2 Prime ($37,000.00).

The entire episode, the girls said, lasted approximately 30 minutes.

Investigations are continuing.

Armed bandit chops off guard’s fingers in robbery A security guard had two of his fingers severed when he was attacked by a lone bandit on Monday (July 22, 2019) evening at New Amsterdam, Berbice.

Jadesh Gealall of Kent Street New Amsterdam, Region Six (East Berbice/ Corentyne), who works with Integrated Security Service, was on duty at Mount Sinai Nursery

when he was attacked and robbed of his cellular phone.

The lone masked bandit, who was armed with a cutlass, went to the school at about 23:30hours where he confronted the 36-yearold security and demanded him to hand over his Samsung Galaxy cellular phone valued $56,000.

During the robbery,

the security guard was chopped to his knee and hand. Two of his fingers were severed as a result.

The bandit then made good his escape. Gealall was taken to the New Amsterdam Hospital where he underwent emergency surgery. He remains a patient at the medical facility.

Police are investigating the incident.

Guyanese urged to use social media platform to make anonymous submissions about corruption

W

ith the four-year mark of the APNU+AFC Coalition Government being in office having passed and with more and more Guyanese forwarding information about increasing levels of corruption in office, a platform has been created to allow for easier communication of such information.

Opposition Leader, Bharat Jagdeo, has urged Guyanese to make use of the social media platforms and participate in the effort to continue to expose the misdeeds of the APNU+AFC Coalition. He assured that the People’s Progressive Party/ Civic (PPP/C) will continue its investigations in the push for greater accountability and transparency.

Guyanese can make submissions of information anonymously via Facebook on ‘Corruption Watch 592’ and via WhatsApp on telephone number (592)-653-6637.

One killed, three injured in drive-by shooting P

olice are investigating a shooting Incident which occurred on Sunday (July 21, 2019) about 21:55 hours, at Festival City, North Ruimveldt, Georgetown by person or persons unknown.

Leon Duncan called Whistle or World Boss (deceased), 29 years, unemployed of 2692 Manatee Place, South Ruimveldt, Georgetown, received multiple gunshot injuries to his left side abdomen.

Shaquel Duncan called Lil Shaq, 22 years, unemployed, of 2692 Manatee Place, South Ruimveldt, Georgetown, received gunshot injuries to his right arm and left thigh and is the brother of Leon Duncan .

Lawrence Simon called Plait Hair, 34 years, a construction worker, of 2104 Nutmeg Street, Festival City, North Ruimveldt, Georgetown, received gunshot injuries to the left knee and a bruise to the upper right arm.

Orandy Gordon, 28 years, of 1195 Nutmeg Street, Festival City, North Ruimveldt, Georgetown, received gunshot injuries to left arm and right knee.

Enquiries disclosed that on the date and time mentioned, the victims were reportedly gambling at Williamstaad Road Festival City, North Ruimveldt, Georgetown, on a culvert , when a motor car

approached at a normal rate of speed and as the vehicle was about to pass them the occupants therein began shooting at the victims indiscriminately and the car sped away.

They were all picked up by public spirited citizens and taken to the Georgetown Public Hospital Corporation where they were treated and admitted. Leon Duncan how-

ever succumbed to his injuries shortly after.

Investigators have since impounded a motorcar which fits the description of the one used in the commission of the crime; a search of the vehicle revealed thirty-one live, spent ammunition and also a magazine.

Investigations are ongoing.

Postponement Notice The People’s Progressive Party (PPP) Kitty group wishes to advise that the Raffle Draw scheduled for June29, 2019 has been postpone to August 1, 2019.

The shift in time was due to unforeseen circumstances.

We look forward to seeing all of those supporting the event soon.

HELP IS AVAILABLE!

Persons who feel like they are at risk of harming themselves or are in need of emotional help should call the ‘Suicide Helpline’ on Telephone numbers (+592) 223-0001, 223-0009, 600-7896, 623-4444, or Email: guyagency@yahoo.com; Twitter: guyanaagency, WhatsApp: +592-600-7896, 592- 623-4444; Facebook: Guyana Interagency Suicide Prevention Help Line.

Guyanese interested in volunteering asked to contact Party

T

he People’s Progressive Party/ Civic (PPP/C) is now available on WhatsApp number 592-611-PPPC (7772) and it encouraging Guyanese, who are interested in political activism and volunteering, to contact the Party.

WhatsApp allows persons to message from Guyana other countries at no cost.

Operators are manning the line on a 24-hour basis and interested Guyanese are asked to communicate this to the Party.

26

WEEKEND MIRROR 27-28 JULY, 2019

OBSERVER

Silence of Guyanese will see APNU+AFC Coalition becoming bolder and more dictatorial

“I

f you pluck a chicken one feather at a time people don't notice it,” said former Secretary of State Madeleine Albright.

In Guyana since 2015, the plucking of the proverbial chicken that is our fledgling democracy and constitutional rule began under the leadership of David Granger, President and Leader of the People’s National Congress Reform (PNCR). It started one feather at a time – one action at a time that went to the root of undermining our systems.

Here, another famously said line must be kept in mind –that is that ‘a peoples’ acceptance of what is abnormal is how dictatorships start’.

Now the warning signs were there. Prior to the 2015 General and Regional Elections, the report from the internationally constituted (boasted members of the legal fraternity from Commonwealth countries) Commission of Inquiry into the death of Dr. Walter Rodney was released.

The Walter Rodney CoI report concluded Rodney’s assassination was a “State organised” act that was executed with the knowledge of the then Prime Minister Forbes Burnham, who had “large and detailed” knowledge of what was being done by the State and its agencies during his tenure. The report details also detailed the link to the principle of party paramountcy and the use of the GPF and the Guyana Defence Force (GDF), as well as the judiciary, to go after persons who were seen as opposition elements. Quoting the testimony of Tacuma Ogunseye, the report noted that the then Prime Minister Burnham was prepared to “do anything to maintain power and that included violence and death.”

After the 2015 General and Regional Elections, which the APNU+AFC Coalition won by a very thin margin of

just over 4,000 votes, most of the artwork at the Ministry of the Presidency was replaced by photographs of former PNC leader, Forbes Burnham.

Also, several buildings from the Ministry of the Presidency to Regional Administration offices and even nursery schools were being repainted ‘PNC green’. Guyanese recall that the Windsor Forest Primary School was repainted with the ‘PNC green’ because Mr. Granger was going to visit the school with Chinese diplomats to commemorate the arrival of Chinese in Guyana. The evidence of ‘plucking the chicken’ – one feather at a time – was clear here.

A few months later, in 2016, Granger at PNCR’s 19th Biennial Congress was touting the ideology of PNCR founder, Burnham. According to him, the PNCR “rests securely on its institutions” and stressed that those institutions “hold up” the party. “We are an ideological party,” he said adding that Burnham’s ideas are still relevant today. “He used those ideas to transform society,” Granger said. According to the President the ideology of Burnham must be given “institutional form” and made clear that the PNCR is proud of the ideology it is guided by.

“We have to complete our historic mission ...we must act resolutely,” Granger declared.

At this point it must be asked, what was the mission of Burnham? It is widely documented that Burnham’s mission was to ensure party paramountcy trumped everything else. We are now seeing the efforts of the APNU+AFC Coalition to bring this mission into fruition. A perfect example of this is the Minister of Government stating that persons with party affiliation will be given priority for government contracts at the exception of all others.

Another one of Burnham’s

missions was to ensure the PNC remain in government at all cost. To ensure this occurred the then PNC government engaged in a campaign of massive election rigging.

Evidence of this rigging has been widely documented.

Martyrs were created whilst fighting to prevent this rigging. Even after the death of Burnham, Hoyte continued this tarnished legacy with the rigging of the 1985 elections.

Now unfortunately, the PNC are back in power and we are seeing them sowing the seeds for election rigging. Their push for House to House registration is an obvious attempt to disenfranchise our citizens whom they deem sympathetic to the PPP/C. This is another example of the feather being plucked.

In February 2017, Granger set about making sure that Burnham’s writings were widely available. He said all the literature that was penned

by Burnham will be reprinted and made available at the Chetwynd Learning Centre, in memory of the founder of the People’s National Congress Reform (PNCR) and President, Forbes Burnham, so that young people in particular can be better informed rather than fall prey to the distortions of historical facts that are in the public domain. “Nobody actually goes to the original record to find out what occurred and so that is why we need to reprint those books and that is why we need a research centre, not to publish falsehoods but so that researchers can find out what the truth actually was,” President Granger had said.

We are now in 2019 and where are we? This PNC government is doing everything within its power to undermine our constitution, and our democracy.

Persons holding constitutional office are being threatened. We had the example of the Attorney General threaten-

ing a judge whom is deemed was not ruling in his favor.

We were all shocked to hear that the then Chairman of the PSC Carvil Duncan was subtly threatened by President Granger when he insisted that Mr. Duncan resign his appointment since he ‘did not want blood on his carpet’. The insinuation to Mr. Duncan was obvious - another feather gone from the chicken.

Since assuming office the PNC has been making every effort to politicized constitutional agencies that are supposed to be nonpartisan. There was the issue of the President flouting our constitution by unilaterally appointing the Chairman of GECOM. It took this having to be adjudicated at the CCJ, who ruled that was an illegal act, for Mr. Patterson to resign. The Chairman of the Integrity Commission is a self-declared friend of the government. It is therefore not

surprising that the President has been allowed to ignore his requirements of submitting his income and assets documents to this Commission without any consequences or actions by the Commission.

Since the successful passage of the No Confidence Motion the government has failed to honour the requirements as clearly laid out by our Constitution. The same requirements they pointed out when in opposition in 2014 they are now blatantly ignoring.

A citizen’s basic democratic right is the right to vote. Unfortunately the APNU+AFC Coalition is denying us this basic right. All the steps required after the successful passage of an no-confidence motion have been ignored by this government.

Even after the CCJ ruling they are blatantly acting in defiance of those rulings.

In these last few months the proverbial ‘plucking of the feathers’ has increased.

We cannot sit on the sidelines any longer and watch the democracy we fought for, and for which some have died for, being taken away from us. Not only is this government taking us down the road to dictatorship, they are destroying our economy and our future. It is imperative that we act now to stop this from happening. We must all let our voices be heard and let them know we will not tolerate this.

Too much is at stake. If we do not stand up now, the APNU+AFC Coalition will get bolder and more dictatorial and it will then be too late for us to return our country to democracy.

Our silence will be seen as consent to them doing as they please. So let us all let them no unequivocally that enough is enough.

PPC to liaise with Auditor... clear that there were clear breaches of Guyana’s financial laws in the procurement of Consultancy Services for the Feasibility Study and Design of the New Demerara River Bridge It noted that several companies bid for the project – to do the feasibility study and design for the new Demerara River bridge – and 12 companies were shortlisted. The report added that only two of the 12 companies made proposals. As such the bidding process was annulled.

It added that on November 12, 2016, the National Procurement and Tender Administration Board (NPTAB) approved the move for the project to be re-tendered.

The project was not re-tendered. Instead, a Dutch Company, LivenseCSO, was engaged by Patterson’s Ministry.

The report, on page 7, noted that the bid from LivenseCSO was “unsolicited” and added that Patterson then took the company’s proposal to Cabinet for approval. Cabinet granted its approval for the company to be engaged. The report said, “The PPC noted that the Minster of Public Infrastructure, by memorandum dated November 18 2016, made a request to the Cabinet for Government seeking consideration and approval to use funds from the Demerara Harbor Bridge Corporation to fund the feasibility study and to commence a contractual engagement with LievenseCSO as of the 1 Jan 2017. The PPC noted that this request to Cabinet was not forwarded through the NPTA but submitted directly by the Minister of Public Infrastructure.”

The report, on page 7,

(From page 27)

stated that monies to be spent on the project were taken from the Demerara Harbour Bridge Corporation (Asphalt Plant Accounts). Notably, the General Manager of the Demerara Harbour Bridge Corporation, according to the PPC report, disclosed that the Board of the Corporation was not involved in the decision to spend its monies. The report said, “He (Mr. Adams) stated that he had not signed the contract on behalf of the DHBC, but only because he was requested to do so by the Minister of Public Infrastructure.

The Special Organised Crimes Units (SOCU) was involved in the matter came after a call from the People’s Progressive Party/ Civic (PPP/C). The PPP/C, on August 16, 2018, forwarded to SOCU a report from the Public Procurement Commission.

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WEEKEND MIRROR 27-28 JULY, 2019

PPP Chief Scrutineer calls out Lowenfield for peddling falsehoods C

hief Elections Officer (CEO) at the Guyana Elections Commission (GECOM), Keith Lowenfield, was called out by Executive Secretary/Chief Scrutineer of the People’s Progressive Party (PPP), Zulfikar Mustapha, for peddling falsehoods.

He was also called on to explain his actions, relative to the already commenced house-to-house registration.

In a letter, dated Wednesday (July 24, 2019), Mustapha said, “I strongly believe that you have a responsibility and that you owe the nation an explanation why you proceeded with the house-tohouse registration despite being aware that it will not be in compliance with the ruling of the CCJ. “Such actions clearly point to a deliberate defiance of the constitution and an attempt to grossly mislead on matters of national importance. I am, therefore, not surprised that you are now falsely claiming I “walked out” of the meeting alluded to.”

The PPP Executive Secretary/Chief Scrutineer pointed to the Caribbean Court of Justice (CCJ) June 18, 2019 ruling and the Court’s consequential orders on July 12, 2019. “Both said that the December 21, 2018, no-confi-

dence motion is valid and all actors, including GECOM, respect the constitution. In such circumstances, elections are automatically triggered within three months,” he said.

Mustapha also referred to a letter penned by Lowenfield to the Private Sector Commission (PSC). He said, “I wish to bring attention an aspect of your July 22, 2019, response to Mr. Gerald Gouveia, Chairman of the Private Sector Commission (PSC).

In the penultimate paragraph on page 2, it is stated that I ‘walked out’ of a meeting held with you on May 02, 2019.

“Let me categorically state that by claiming I “walked out”, you are peddling a falsehood and, in the process, engaging in wanton deception. At no time did I take such action during the meeting in question. As a matter of fact, I remained and raised objections to the conduct of the house-to-house registration and questioned why GECOM pushed to discuss same when the matter was at the time engaging the attention of the court.

“I also pointed out and made clear that GECOM must always have a valid list of electors available given that the current one expired as of April 30, 2019. I urged that GECOM commence a Claims

PPC to liaise with Auditor General to... (From back page) $14,728,000 in January 2018 and another of $59,340,000 in February 2018 for the New Bridge feasibility studies.”

Teixeira noted that the new findings show that the Feasibility Study cost the taxpayers $293,439,182 or approx. US$1.4M – a whopping $131.92M more than what was revealed as the initial cost.

Teixeira charged that the new information requires further investigation by the PPC. This is the second time that Teixeira has called on the PPC to investigate the matter of the Procurement of Consultancy Services for the Feasibility Study and Design of the New Demerara River Bridge.

The PPC in a response on June 26, 2019, disclosed too that a copy of its completed report, following the first investigation, and a copy of Teixeira’s June 12, 2019 letter will be sent to het Auditor

General for his attention and action.

The constitutional agency noted that the Commission is allowed, under Article 212AA (1) of the Constitution, to “liaise with and refer matters to the police and Auditor General” for investigation.

As such, the Commission informed that it “will support any request for the Auditor General to review the matter of these additional payments to LivenseCSO, as this may be very easily achieved during a regular financial audit” for the year 2018.

The PPP said, “Please be assured that the Commission is committed to its constitutional mandate to ensure fairness, equity and transparency in the public procurement system.”

The first PPC investigation was completed last August.

The PPC report made (Turn to page 26)

and Objections exercise to validate the list in the event of the outcome of the court matter.”

The PPP Executive Secretary/Chief Scrutineer added that during the said meeting, Lowenfield stated that he was aware that house-to-house registration may have to be put aside based on the decision of the Caribbean Court of Justice.

Lowenfield, up to press, time did not respond to Mustapha.

CARICOM called out over silence ‒ as APNU+AFC Coalition demonstrates open defiance of CCJ

T

he Caribbean Community (CARICOM) has a responsibility, one that it is currently ignoring, according to People’s Progressive Party/ Civic (PPP/C) presidential candidate, Irfaan Ali. Since the July 12 order of the Caribbean Court of Justice (CCJ), the APNU+AFC Coalition has demonstrated open defiance of the order.

The Caribbean Court of Justice on July 12, 2019 ordered that: • The Cabinet, including the President, must resign and function in the capacity as a caretaker government with limited authority; • Elections must be held within three months; and • GECOM must comply with the Constitution.

While several representatives of local diplomatic missions have commence on the need for the June 18, 2019 ruling and July 12, 2019 orders to be complied with, CARICOM has remained silent on the matter.

Ali said, “The CCJ is a creature of CARICOM and CARICOM must ensure that this organ that belongs

to CARICOM is not disrespected and disregarded.

CARICOM has a responsibility to say something, and much more than that, to do something.

“We are sending a notice to CARICOM – the people are watching them. They must ensure that they fulfill the responsibility of protecting democracy and protecting

constitutional rule in the Region.”

DISAPPOINTING Meanwhile, Opposition Leader, Bharrat Jagdeo, has echoed similar sentiments, calling CARICOM’s silence disappointing.

Jagdeo has met with CARICOM Secretary General Irwin LaRocque, emphasising the need to affirm their position. However, the body is yet to take a stance even though Guyana is a founding member of the Community.

After the meeting, he said, “I met with the Secretary General of CARICOM. I spoke with him about the need that this is a regional institution and, therefore, CARICOM needs to take an even stronger role. I’m surprised [that] I have not seen even a statement coming from CARICOM as yet, because this is a regional institution that we worked to establish and if the Region cannot respect a decision of a superior court that it created as an organ of regional integration, then the Region would be found lacking. “…we cannot be busy sending missions when they have an interruption of constitutional rule or Venezuela when they have a breakdown of democratic order and here in Guyana, which is the headquarter State of CARICOM, ignore that you have a Government now in office that is illegally there because elections ought to have been held since March 21. And where the court has now ruled that they must comply with the Constitution and they’re a caretaker government, ignore the fact that this Government is not complying with the order of the court and just sit by and not say anything about it. I am, frankly speaking,

very, very disappointed in CARICOM.” Nonetheless, the Opposition Leader has pledged to continue engagements with the international community.

He said, “I have spent some time this week briefing the diplomats and so we will continue to brief the international community. The feedback that the entire international community is [providing is] that the Government must comply with the Constitution and the court order; and that they respect the orders of the Court… I made it clear that we expect them to adjust their relationship with the Government in accordance with the decision of the Court, which is that this is a caretaker government and that elections have to be held within three months.”

Notably, Guyana is bound by the Agreement establishing the Caribbean Court of Justice, as per Article 26 of the agreement.

The Article says: “Enforcement of Orders of the Court. The Contracting Parties agree to take all the necessary steps, including the enactment of legislation to ensure that: (a) all authorities of a Contracting Party act in aid of the Court and that any judgment, decree, order or sentence of the Court given in exercise of its jurisdiction shall be enforced by all courts and authorities in any territory of the Contracting Parties as if it were a judgment, decree, order or sentence of a superior court of that Contracting Party; (b) the Court has power to make any order for the purpose of securing the attendance of any person, the discovery or production of any document, or the investigation or punishment of any contempt of court that any superior court of a Contracting Party has power to make as respects the area within its jurisdiction.”

PPC to liaise with Auditor General to further probe spending on new Demerara river crossing

S

everal gross breaches and open violations were cited by People’s Progressive Party (PPP) Executive, Gail Teixeira, who, on June 12, 2019, called on the Public Procurement Commission (PPC) to investigate new findings relative to the use of taxpayers’ monies on a consultancy services for the feasibility study and design for the new Demerara River bridge.

Her June 12, 2019 letter addressed to the PPC Chairperson, Carol Corbin, said: “In addition to the $161,514,420 approved

by Cabinet in November 2016, the Demerara Harbour Bridge Corporation (Asphalt Plant Account) actually paid $215,371,182 in 2017 for the cost for the new Demerara Harbour Bridge and $74, 068,000 in two payments of (Turn to page 27)

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