Weekend Mirror 2-3 March 2019

Granger must explain why his office misrepresented communications to GECOM ‒ Jagdeo 2-3 March, 2019 / Vol. 10 No. 62 / Price: $100

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PAGE 10

Appeal Court refuses to grant interim order to keep Cabinet in place, preserve status quo

PAGE 11

No vote to extend March 19 deadline will be supported by PPP/C PAGE 10

Significant decline in business community could worsen because of uncertainty over local political developments PAGE 3

SEE INSIDE

SARA’s move against former PPP/C PAGE 9 officials ‘illegal’ – Nandlall Timelines proposed for house-to-house registration will further delay General and Regional Elections – Gunraj PAGE 8

Chief Elections Officer falls ill PAGE 26

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WEEKEND MIRROR 2-3 MARCH, 2019

PPP/C presidential candidate continues work in hinterland regions as part of national outreach

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WEEKEND MIRROR 2-3 MARCH, 2019

Granger finally invites Opposition Leader to meeting on current state of affairs A

week after Opposition Leader, Bharrat Jagdeo, reiterated his position on a meeting with President David Granger, regarding the consequences of the successful passage of the vote on the no-confidence motion, he has been invited to a meeting with Granger on March 6, 2019.

Last week, insisting that Granger is driving Guyana towards a constitutional crisis, Jagdeo said, “The president has to convene meetings himself with other people. So this president is now acting as though nothing is happening, that the country is going fine, his ministers are doing well, they’re spending all our money…He has given no indication whatsoever that he understands the seriousness of the situation or that he is prepared to address it. “…I can’t convene no meeting with the president. I have made it clear [that] I am prepared to meet but…I’m not meeting to gaff again… he (Granger) has a responsibility as the President of

Guyana. “…do I have to stand when he goes to Pearl (Granger’s private residence) and flag him down and say, ‘Oh Mr. President, we’re heading to a constitutional crisis. Can we meet tomorrow?’ Do I have to tell him this? He doesn’t know this? …they are hell-bent on violating the constitution because they don’t care about the consequences.”

Jagdeo reminded that on the night of December 21, 2018, the night the no-confidence motion was passed, it was he who approached Minister of State, Joseph Harmon, and asked for a meeting to be arranged with the president to “talk this through and to talk about the future.” That meeting did not happen for 18 days, on January 9, 2019.

The letter for the March 6, 2019 meeting was signed off by Harmon.

It states that the National Assembly’s constitutional role in the present situation and GECOM’s readiness and requirement for funding to

enable it to conduct General and Regional Elections are on the agenda.

The letter to Jagdeo, dated February 25, 2019, was released yesterday by the Ministry of the Presidency.

After the successful passage of the no-confidence motion, it was upheld by House Speaker, Dr Barton Scotland, who refused to review his ruling that the no-confidence passed in the National Assembly, when asked to do so by the APNU+AFC Coalition Government. The High Court has also since ruled on challenges to the vote on the no-confidence motion and upheld its validity.

The Parliamentary Opposition has argued that the Coalition Government has been operating as if it is ‘business as usual’, as opposed to addressing the consequences of the no-confidence motion.

Despite the High Court ruling, the Coalition Government is pursuing its challenge in the Appeal Court.

The People’s Progressive

Party/ Civic (PPP/C) has also made it clear that the judiciary cannot extend the three-month deadline; rath-

er this is a function of the Legislature.

Jagdeo has repeatedly stressed that after March

19, 2019, the APNU+AFC Coalition Government becomes illegal, illegitimate and unconstitutional – since the three-month deadline imposed by the Constitution, following the successful passage of the no-confidence motion on December 21, 2018.

Article 106 (6) of the Constitution states: “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.”

Article 106 (7) goes on to state 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 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.”

Number of Venezuelan migrants in Guyana top the 5,000 mark G uyana’s Immigration Department has recorded an increase of 702 Venezuelan migrants in Guyana, since its last report over two weeks ago. This brings the total number of documented Venezuelan migrants here to 5,123.

The Barima-Waini (Region One) continues to receive the largest number of migrants.

Additionally, earlier this year, there were reports of a group of migrants squatting along the foreshore at Non Pariel, East Coast Demerara.

The Guyana Police Force has since confirmed that 26 persons are indeed residing in makeshift shelters at that location. However, the Civil Defence Commission (CDC), as well as related agencies, is in discussions with the Catholic Church and Guyana Relief Council to find alternative accommodation for those persons.

In July 2018, Foreign Affairs Minister, Carl Greenidge told media operatives that a Cabinet-vetted policy guideline was in place to establish how immigrants are to be treated. Immigrants, upon entry, must fill out an arrival card that details their country of origin and proposed place of residence

while in Guyana.

Opposition Leader, Bharrat Jagdeo, at a news conferences in August 2018, had called for a three-prong approach to dealing with the issue.

He had said: “Sometime back I spoke about this larger threat to Guyana and that the Government was reticent to give us information and to share with the people of Guyana information on the exact nature of this threat.

After I had been mentioning this for several months, almost two months, President Granger then announced that the Army will give a briefing to some of our members of Parliament…that took place…I was briefed about the briefing….when I met President Granger, just recently, I raised the matter again and said that we are concerned about the approach to this matter. It is not purely a military matter…. we believe that the government has been approaching this from the perspective of a military threat; that is why they got the Army to do a briefing, rather than have [Ministry of] Foreign Affairs to do a briefing of the MPs. “We pointed out [to the APNU+AFC Government] that the PPP won Regions

1 and 9, the two bordering regions through which most of the refugees are coming and that we would like to see a differentiated policy.

There are three types of refugees, well not refugees, but individuals who will come through the borders into Guyana.

“First of all, Guyanese who live in Venezuela. When I say Guyanese, if they have a tiny drop of Guyanese blood, they are our own people; so whether they have documents or not, once they can prove that their parents or grandparents or anyone else, a member of the family, are Guyanese, then they should be welcomed and allowed to be integrated and supporting documents should be given to them.

“Secondly, you have the Amerindians who tend to move across borders seamlessly without passports.

These are the Warraus and others. I saw them in the villages and in the rivers, travelling from Mabaruma to Port Kaituma. These persons must be helped from a humanitarian basis immediately. They tend to not have documents.

From time immemorial, they have travelled across the border. So that is the second category.

“The third category is the Venezuelans who are leaving the country. We have an obligation to treat them fairly and in a humanitarian way, but in the long term they will be repatriated to Venezuela, given the nature of the threat on the border and what a settlement on the border, with permanent residents from Venezuela – a settlement of

that nature can pose a threat to our territorial integrity and arguments in the future.

“So these are the three categories of people, we believe, will come across the border and we want a different approach to each. I spoke with the President about this…we have to pay greater attention to these things.”

There has been no re-

sponse from the APNU+AFC Coalition Government on the issues raised by the Opposition Leader.

The economic situation in Venezuela has seen many Guyanese, living there for years, returning home. Other Venezuelan nationals have crossed the border in search of food and access to drugs and medical supplies.

Significant decline in business community could worsen because of uncertainty over local political developments

T

he Georgetown Chamber of Commerce & Industry (GCCI) has expressed concern about the occurrences in Guyana’s political environment and the impact of “associated uncertainty” on the business community.

The GCCI disclosed that this concern stems from the results of a survey done in the local business community.

It said, “From the results, 64 % (percent) of respondents (or about 2 in every 3 businesses) experienced some form of decline due to uncertainty over the state of political affairs in Guyana.

For those businesses which registered a decline in ac-

tivity, approximately 85 % (percent) experienced a 25 % to 50 % (percent) drop in the level of commercial activity. The remaining 15 % (percent) experienced 75% to 100% (percent) decline in business.

“This significant decline in commercial activity is worrying and with the continued state of political uncertainty can result in further decline in economic activity. From a national development perspective, the climate of uncertainty does not bode well for investors’ confidence, both local and foreign, as well as business planning, budgeting and oth-

er key features of business management and administration. The Chamber remains hopeful that an environment which encourages investment prevails.”

GCCI's membership size is over 240 business organizations which include micro to enterprise type levels, located throughout the country and in the CARICOM region.

The GCCI said, “We therefore emphasize the need for national leaders to expediently resolve political issues that exist in order to restore and boost investors’ confidence, which would result in Guyana’s economy growing comfortably.”

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WEEKEND MIRROR 2-3 MARCH, 2019

EDITORIAL

GECOM has delivered unscheduled Guyanese must stand resolutely elections before in defending the constitution and T our parliamentary democracy he Guyana Elections Commission (GECOM) has been the focus of most Guyanese for the past several weeks, given the delay to ready itself for General and Regional Elections – elections that are constitutionally due within three months of the passage of the no-confidence motion on December 21, 2018.

Concerns about GECOM being influenced by the Coalition Government, which was operating as if it was ‘business as usual’ in Guyana, were raised after it was publicly communicated that the GECOM Secretariat met on December 22, 2018 and would be ready to deliver General and Regional Elections, but a different sentiment was expressed soon after.

GECOM’s Public Relations Officer (PRO), Yolanda Warde, in December 27, 2018 media reports, sought to reassure the nation that the electoral body is well prepared to rise to the challenges considering the recent turn of events. Warde had said that the Commission will uphold its constitutional mandate, and will have to immediately put systems in place to run-off the elections once a date of set. A month later, Chief Elections Officer (CEO), Keith Lowenfield, from the GECOM Secretariat, disclosed that the earliest general elections could be held is July 2019.

The nature of the appointment of the GECOM Chairman, James Patterson, added to worry about GECOM being influenced by the Coalition Government. Patterson was unilaterally appointed by President David Granger, in breach of 25 years of practice and an accepted understanding of the constitutional provision – whereby the Opposition Leader nominates six persons to be considered for the post of GECOM and one of those persons is appointed. Granger rejected 18 names (three lists of six persons) submitted to him and proceeded within a unilateral appointment, mere hours after informing the Opposition Leader that he had rejected the last of the 18.

A challenge to Patterson’s appointment is currently before the Caribbean Court of Justice (CCJ).

At the Commission itself (the GECOM Commission and Secretariat being different groupings) there has been a deadlock in deciding on the way forward. The Commission is made up of the GECOM Chairman, three-Government nominated GECOM Commissioners and three Opposition-nominated Commissioners.

This week, the Commission has met twice already, on Tuesday (February 26, 2019) and on Thursday (February 28, 2019). The latter meeting was to discuss work plans presented to the Commission that deals with three possible timelines for General and Regional Elections: • Claims and Objections, which if started now would GECOM being ready for Elections sometime in June 2019; • Continuous Registration and Claims and Objections, which if started now would see GECOM being ready for Elections sometime in July 2019; and • House to House registration, which would see GECOM not being ready for elections until year-end or sometime early in 2020.

With all of this said, the Guyana Elections Commission has known about the possibility of early or unscheduled General and Elections since November 15, 2019 – for over 105 days now.

From the date of the passage of the no-confidence motion on December 21, 2018 to now, has been over 69 days.

GECOM, if it had acted in compliance with the Constitution, which calls for General and Regional Elections to be held within three months after the passage of the no-confidence motion, was required to be ready by March 19, 2019 – a deadline that is now just under three weeks away.

Article 162 (1) of the Constitution states clearly that: “The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament.”

All said, the point has to be made that GECOM has delivered on unscheduled elections – or early elections – before.

The 2015 General and Regional Elections was one of those early elections.

Dear Editor,

T

he 1980 Guyana Constitution Article 106 was radically amended during the 1999- 2001 Constitution Reform period by the addition of two new clauses 106 (6) and (7) based on the recommendations of the report of the Constitutional Reform Commission Report of July 17, 1999 which provided for “the Cabinet, including the President, who is part and parcel of the Cabinet as provided for in Article 106, must resign if the government is defeated by a majority of all the members of the National Assembly on a vote of confidence” Please note that the CRC does not appear to have recommended a three month period within which elections were to be held nor does it appear that it provided for an extension by a 2/3 majority of the National Assembly.

The original recommendation as stated above meant that the government had to resign immediately and elections held forthwith.

The amendments to Article106 which we know today were approved unanimously by the National Assembly in Act No. 17 of 2000.

Fast forward to December 21, 2018 when the first no confidence motion was ever debated in the National Assembly and passed and thus for the first time Article 106 (6) and (7) have been set in motion.

The response of the APNU+AFC Coalition Government to this constitutional requirement has been, shocking maybe to the younger generation, but cynically predictable, for many who are familiar with the true PNC creature that lurks beneath the outer covering of the APNU and AFC. It is now 70 days since the no confidence motion was passed, 7 weeks since the Speaker re-affirmed that the motion had passed, 3 weeks since the ag Chief Justice has ruled that the motion is valid and that the clock on the three months which began on December 21, 2018 is ticking.

The government has openly refused to comply with the Constitution, the legislature and the judiciary within these 70 days and has gone to great lengths to delay the naming of a date for elections on or before March 19, 2019 including the use of the courts and threats to go to the Caribbean Court of Justice to have the motion made invalid and or to stay the 90 days post December 21, 2018.

The Guyana Elections Commission (GECOM) has also been exposed as part of this conspiracy to delay the elections and as of February 19, 2019, the GECOM is in gross violation of

articles 106(6) and (7) and 162 of the Constitution.

Article 162 (1) of the Constitution states clearly that: “The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament.”

By a four to three majority, the vote of the GECOM Chairman included, a vote at the February 19, 2019 weekly statutory meeting of GECOM, resulted in a decision to: 1) inform President David Granger that GECOM cannot conduct elections within 90 days after December 21, 2018; and 2) to inform President David Granger that GECOM needs funding for elections.

The PPP rightly and immediately stated that “GECOM’s refusal to begin preparations for General and Regional Elections, after the December 21, 2018 vote on the no-confidence motion, finds it complicit in frustrating the timeline for the constitutionally due elections.

Additionally, there has been no effort to make a decision on what obtains in the short-term. There has also been no decision at the level of the Commission on when GECOM will be ready for elections.”

In other words the Guyana Elections Commission, a body headed by a retired Judge, has knowingly and willfully usurped the powers of the Constitution.

One must remember that holding elections within a short period is not something new. Article 69 (1) makes it clear that “each session of Parliament…. shall begin at such time ( not later than 6 months from the end of the preceding session if Parliament is prorogued or 4 months from the end of that session if parliament is dissolved) as the President shall appoint by proclamation.” Therefore elections have to be held and a new Parliament inaugurated within 4 months.

Further Article 61 makes this even clearer that “the election of members of the National Assembly under article 60(2) shall be held on such day within three months after the dissolution of Parliament as the President shall appoint by proclamation.” These constitutional provisions are unambiguously clear.

This is not the first time that GECOM is operating under these constitutional provisions; these same provisions were in place for the 2001, 2006, 2011, and 2015 general and regional elections. GECOM has to comply with the Constitution. It cannot make up its own requirements. In fact, GECOM can only intervene to postpone elections to a specific date only after the date has

Former President Ramotar on January 24, 2015, by Proclamation, announced that general and regional elections would be held on May 11, 2015. On February 27, 2015, he dissolved the 10th Parliament. From the time that Parliament was dis-

been appointed by the President for elections and only then due to “danger or serious hardship” either generally or in a particular area. Thus GECOM has no authority to state that it is unable to hold elections prior to the date of elections being announced. The constitution therefore expects that GECOM should always be in a state of readiness to hold scheduled and unscheduled elections and thus limited its powers to postpone or interfere with the date of an election only after the date was proclaimed by the President and only due to “ danger and serious hardship”.

In addition, holding unscheduled elections within three months is also not new. Having prorogued 10th Parliament on November 10, 2014 by proclamation published in the Official Gazette, President Ramotar on January 24, 2015 by Proclamation # 1 and # 2 of 2015 in the Official Gazette announced that general and regional elections would be held on May 11, 2015. On February 27, 2015 the President by proclamation #3 and # 4 of 2015 dissolved the 10th Parliament and the 10 Regional Democratic Councils. From the time of announcement of the date for elections, GECOM had 3 months and 2 weeks to hold general and regional elections, and 8 weeks from the time of the dissolution of the 10th Parliament in 2015. Elections were held as appointed.

Thus the announcement by GECOM on February 9th at a press conference that it needed 148 days ( almost 5 months !) is a blatant attempt to deceive the Guyanese people and violate the constitution and provide the rationale for the President to further delay.

GECOM is always supposed to be in a state of readiness to hold elections, more particularly since the last continuous registration ended on July 8, 2018 and the Local Government Elections were held on November 12, 2018, it should have been efficiently and rapidly been able to put itself into operational mode to hold elections immediately after the passage of the no confidence motion on December 21, 2018.

However, the government and its appointees on the GECOM want no elections, in open violation of the no confidence resolution of the Legislature and the ruling of the Chief Justice. They want a new National House to House Registration as the means to have no elections until 2020. The government has said it has 5 years and it will stay in power for the full five years.

The second motion “to inform the President that GECOM needs more funds” to hold the elections is another (Turn to page 5)

solved (February 27, 2015) to the date of elections (May 11, 2015) was 72 days.

GECOM cannot abdicate its responsibility. It cannot make the Constitution subservient to the Commission.

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WEEKEND MIRROR 2-3 MARCH, 2019

Does the rule of law matter to the Granger-led government?

Dear Editor,

A

s the anti-democratic chalice of the PNC/Rled coalition burns, President David Granger’s unilateral appointed Chairman of the Guyana Elections Commission (GECOM) adds fuel and fans the flames. Under his stewardship, the Commission tends to invalidate its own constitutional mandate, that of the Legislature and the Judiciary. The implications would be deep, sacrificial, and revolutionary for all citizens of our dear land.

Obviously, under the directed political mandate of the PNC/R, the Chairman Justice (ret’d) James Patterson continues to lean impulsively in favour of the fallen coalition while obliterating all semblance of democratic norms. Patterson has teamed up with his septuagenarian and octogenarian directorate to cast his deciding vote on every single occasion against a proposition of balance and transparency.

The rule of law, the future of our youths and country do not seem to matter as this PNC/R-led APNU/AFC coalition Government demonstrates a hell-bent power-at-any-cost agenda, premised on taking our country into a constitutional crisis.

It is indeed most shameful and unacceptable that this wicked cabal is now showing that they are willing to risk taking our citizens for granted again as they had prior to the carried No-Confidence Motion.

Mr Granger, Patterson and the APNU Commissioners lead the subversion of the Guyana Constitution, as the fallen Government continues to flaunt and fleece the treasury. In the face of international condemnation, Guyana now faces its biggest threats at the wanton fantasy of the APNU/AFC cabal and its tainted GECOM faction.

The baseless diversions and excuses emerging from GECOM are most shameful and abominable. From the apparent trumped-up sick leave of Patterson to his refusal to commence election

preparations since the passing of the December 21, 2018, No-Confidence Motion is both sickening and sad. GECOM’s Secretariat, led by CEO Lowenfield has also contradictorily moved to complement the delaying posture of trampling on citizen’s rights.

Lowenfield has paradoxically synchronised his knowledge and revelations that the List of Electors is sufficiently clean to proceed with the elections, with deliberately extended timelines as another farcical excuse. The issue of funds being budgeted for house-to-house registrations is also most absurd. It is a fact that GECOM as a constitutional agency, receives appropriated funds as a full package to use as necessary.

It is also important to recognise that whenever any other law and the Constitution conflictingly collide, the Constitution takes precedence and all agencies and administrators of the Acts must make the necessary adjustments. So, realistically, there is really no basis for excuses, and steps must be taken to hold all and sundry accountable for their roles in this sick semantical dance.

This column calls for a Commission of Inquiry as soon as the elections are over, to hold these players accountable for their damning assault on the Constitution and citizens.

It is a fact that very serious and incomparable levels of corruption are taking place at all points in the APNU/AFC Government. As for GECOM, the honest and loyal staff are sparing no efforts to expose all the illegal and comprising transactions that are taking place. The Information Officer of GECOM and the Chief Executive Officer already said that they are ready for Regional and National Elections.

Lowenfield’s pronouncements on the List as ready and authentic means that it could be simply updated under one legitimate Continuous Registration Cycle. GECOM has money and they must utilise the money in the best interest of the country and prevent a constitutional crisis.

A less than civil and lawful society would not benefit anyone; neither would the APNU/AFC’s bondage.

After March 19, 2019, there will be no legitimate Government without David Granger and GECOM properly addressing the National Elections. All hell can break loose should the illegal APNU/AFC try to force their will on citizens as the ultimate police state looms. However, we cannot, at any cost, encourage a dictatorship in Guyana and the Guyanese people must deal with this malignant cancer in a truly revolutionary spirit.

It is of note that due process has been followed thus far and that the warnings of the international community are unmistakably pellucid. That the Legislature duly passed the No-Confidence Motion and the eminent Chief Justice refused to grant an order for a stay of the constitutional period for election.

The local organisations are fully aware of the consequences of an illegal Government.

Now it is clearly observable that the APNU/ PNC-AFC are certainly on a spending spree and utilising State resources to campaign politically.

All accounting officers, particularly Permanent Secretaries and Regional Executive Officers, are on notice that they will have to bear the consequences for any illegal or complicit activities.

The diplomatic communities and other civil-minded transparency organisations must be fully behind the people of this country, and call on the Government to do what the Constitution prescribed. Otherwise, the highest possibility of the country coming to a halt may be definite, and it will not be business as usual for those responsible.

Sincerely, Neil Kumar

Guyanese people have seen through the recent ‘enlightenment’ of APNU+AFC ministers Dear Editor,

A

s I watch the news and read the daily newspapers, I can’t help but smile and curse at the same time when I see the coalition Government Ministers going all over the country to meet, greet and share out goodies to the ordinary people in their villages while making more promises that if the people re-elect them in the upcoming elections they will enjoy more good life.

Editor, it makes me very angry to see that these Ministers still believe that the people are gullible and will forget all the promises that were made to them in 2015.

Well, I have some news for these Ministers, don’t insult the intelligence of the Guyanese people, they are smarter than all of you and I guarantee, you are in for a rude awakening in the upcoming elections.

Editor, I would like to focus this missive on the AFC Ministers because it is the votes that they garner that caused the coalition to win the elections and as everyone knows, most of those votes were from disgruntled PPP supporters. Leader of the AFC, Raphael Trotman in the Sunday Stabroek News of February 3, 2019, whilst addressing the National Executive Council of the party, acknowledged that the party did make some missteps in Government and the leaders forgot the masses and he knows they are hurt

but promised that they will work fervently to make things right.

Editor, for the enlightenment of Trotman, Nagamootoo, Ramjattan, Patterson and all the leaders of the AFC, let me share a classic example of their betrayal of the people.

Before the 2015 elections, all of them were readily available and accessible. You could talk, call or text them anytime and you would get a reply. Lo and behold, after the elections, they were all missing in action. It was as if they did not exist anymore. On the rare occasions that they came to Berbice and held call-in programmes on local television stations, I tried to implore, nay beg, Ramjattan and Patterson to do something about my street which is in a deplorable state, but it was like throwing water on a duck’s back.

They just brushed you off with all kinds of excuse and went along their merry way.

During those times, they didn’t care a hang about the people but now they are running back to the people, begging them for their votes. Well, I want to tell them, “boat done gone a fall” and in the meantime, we the residents are repairing our street with our own money. You will hear from us in the upcoming elections.

Yours faithfully, I. Baccus

Guyanese must stand resolutely in defending... perversity and again another violation of another article of the Constitution.

Article 222A , an amendment that also arose out of the Constitutional Reform period, with regards to constitutional bodies such as the Guyana Elections Commission states “ In order to assure the independence of the entities listed in the Third Schedule – (a) the expenditure of each of the entities shall be financed as a direct charge on the Consolidated Fund, determined as a lump sum by way of an annual subvention approved by the National Assembly….. (b) each entity shall manage its subvention in such manner as it deems fit for the efficient discharge of its functions, subject only to the financial practices and procedures approved by the National Assembly to ensure accountability…”.

The Committee of Supply of the National Assembly on November 16th 2018 approved by majority vote the lump sum of $5,371,061,000 for the Guyana Elections Commission (GECOM) for the period ending December 31, 2019. The sum $6,368,100,000 requested by GECOM had been reduced the Minister of Finance, Winston Jordan, who noted that the commission had indicated that

there were sums left over from the previous year’s allocation.

The excuse now being presented using Section 80B (6) of the amended 2015 Fiscal Management and Accountability Act by the APNUAFC government that any alteration of the agency’s annual budget must be approved by the National Assembly is deliberately misleading.

Section 80 B (1-5) and (8) comply with the provisions of Article 222A, that is that this is an annual subvention disbursed in a lump sum to the respective body within a month of the approval of the appropriation by the Minister of Finance. . We are now learning that this has not been done by the Minister.

Therefore, GECOM’s independence has been compromised as it has to ask the Minister to release monies already approved to it for its use.

Section 80B (6) clearly prohibits the Minister of Finance from altering the appropriation to GECOM, as he is empowered to do with the appropriations of non-constitutional agencies. S80B (6) does not prevent GECOM from utilizing the “lump sum” as it sees fit to carry out its functions. Section 80B (6) can only be referring to supplementary financial

papers not to the use of the funds already appropriated as Article 222A (b) makes it clear that “each entity shall manage its subvention in such manner as it deems fit for the efficient discharge of its functions...”

Therefore there was and there is nothing stopping or preventing GECOM from utilizing their 2019 Budget of $5.371 B to prepare, manage and hold general and regional elections in compliance with 106 (6) and 106 (7).

Thus the issue of funding is yet another subterfuge by the government and GECOM to disregard the constitutional provisions and ensure that elections are not held within the constitution stipulated time of 90 days, March 21, 2019.

The President’s letter to GECOM in response to their two majority decisions and his letter to the Leader of the Opposition on the eve of his departure on Tuesday February 26, 2019 is reminiscent of what he did earlier in January---buying time, buying sympathy, giving the impression that he is sincere in holding elections while openly disregarding and violating the constitution. The President is not unaware of the constitutional and legal provisions l have referred to in this letter.

He is willfully and knowingly catapulting

(From page 4)

Guyana into a constitutional crisis never experienced before. On March 21, 2019 the President and the entire APNUAFC government will be unconstitutional, illegal and unlawful.

The recent NACTA survey showed that more than 60% of the Guyanese surveyed wanted elections to be held and held soon.

Mr. Granger is deaf to their views.

History, which the President loves, will judge him harshly as the President who refused to comply with the Constitution, who held on to power despite having lost the mandate of the people to govern in the November 12th 2018 Local Government Elections and lost the confidence of the majority of the elected representatives in the National Assembly on December 21, 2018.

It is time for Guyanese, regardless of which political party they support, to stand resolutely in defending the constitution and our parliamentary democracy. This is no time to sit on the fence. Do we want to live in a constitutional democracy or do we want to return to living under a dictatorship?

Sincerely, Gail Teixeira

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Neutrality of the court must be upheld at all times Dear Editor,

T

he contretemps in Court a few days ago between Justice of Appeal Rishi Persaud and Attorney General (AG) Basil Williams would, to the layman, appear trivial but for others they would be flummoxed.

When examined through the prism of a Layman the ‘continuous protests and arguments’ on the part of the AG versus the principled and judicious stand adopted by Justice Persaud in effect, goes to the heart of legal practice within the meaning of the judicial system of Guyana.

According to newspaper reports, the bone of contention at the time was that ‘there were glaring errors in the court documents filed by the AG challenging two of the High Court decisions in the no-confidence case currently before the Court of Appeal.’

The absence of the names of all the respondents in the cases that were to be heard on that day and the obstinacy of Mr Williams to not heed the advice of the court is what appears to have provoked the ire of Justice Persaud.

Justice Persaud’s rebuke to the AG was reminiscent of the wrath many a hapless attorney- at-law was bound to experience were they to come unprepared at any time before Justice Akbar Khan aka the ‘Angry God.’ In this case, the Attorney General was at his wits end as he tried in vain to persuade the Judge to bend the rules of the Court’s proceedings to accommodate his untidy and useless submissions.

From a Layman’s perspective the AG in expressing his disagreement with Justice Persaud appeared to be on the borderline of contempt of court when he told the Judge in

WEEKEND MIRROR 2-3 MARCH, 2019 open Court, “I disagree with you.”

And contrary to the Judge’s advice Mr. Williams in pursuit of a political objective, insisted that the appeal was “properly filed” when the Judge had determined ‘early o’clock’ that it was not.

Moreover, even when the Judge pointed out to Williams that a single judge could not amend the first Notice of Appeal and that the court’s full bench (three judges) was required, the AG’s retort was “How is this a fundamental issue where there is a simple omission of a party?”

‘Fundamental’ it was indeed, but amazingly, the learned, silk-robed AG could not, for reasons known only to him, see eye to eye with the distinguished Judge. But what was most disturbing on that eventful day in Guyana’s Court of Appeal was the AG’s astounding rhetorical question, “What is our courts coming to?” as he sought to make a totally erroneous, if not irrelevant reference to Mr. Charrandass Persaud’s vote in support of the no-confidence motion passed in the National Assembly.

It is remarkable indeed that even though these occurrences took place in the Judge’s domain in which he has the power to exercise complete control, he chose to exercise an enormous amount of patience, if not tolerance with Mr Williams.

Further, let us not overlook the fact that the judge was at pains to offer the

soundest of advice to the AG when he suggested to Mr Williams that ‘all he had to do was to withdraw the first appeal and refile the summonses on both matters.’ Falling victim once again to his narcissistic foibles, Mr Williams carried on with his charade in court much to the annoyance of the judge who had reached the nadir of his tolerance level.

The result was quite obvious. Mr Williams was admonished by the Judge who told him; “We are wasting time here. This is a very simple matter. Let’s be practical and let’s get on with it rather than wasting time and arguing all over the place.”

Summing up the judge declared, “The rules are the rules. I didn’t write the rules. I am ruling that I have no jurisdiction to amend (the rules).”

As Justice Harold Bollers would have said to members of the Elections Commission during his tenure as Chairman of the Commission “If you want to change the rules take them back to the National Assembly.”

The neutrality of the court must be upheld at all times and politicians clothed in silk must not succeed in transforming judges into legislators.

Yours faithfully, Clement J. Rohee

Who does GECOM and Team Granger think they are fooling?

Dear Editor,

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he nation wakes up to a letter dated February 25, 2019 sent by Mr. Granger to Mr. Jagdeo in their respective capacities to discuss: “(1) The National Assembly’s constitutional role in the present situation; and (2) GECOM’s readiness and requirement for funding to enable it to conduct General and Regional Elections (GRE)…”

The Government of Guyana financial architecture as prescribed by the law, provides GECOM with certain tools that it can use to do its work. GECOM as a Statutory Agency and in compliance with Article 222A of the Guyana Constitution, has the power to "manage its subvention in such a manner as it deems fit for the efficient discharge of its functions". In the 2019 Budget, G$5.371 billion was approved for GECOM to spend in 2019. Isn't that enough funds to commence preparatory works for the 2019 Elections?

Are we printing gold lined ballot papers?

Who does GECOM and Team Granger think

they are fooling?

But just supposing that GECOM needs a billion or two more, the Fiscal Management and Accountability Act (Act No. 20 of 2003) has given GECOM the power to ask the Minister of Finance to release funds for a national contingent liability that has occurred because of a constitutional act that was given life by Article 106 of the Guyana Constitution on December 23, 2018. This spending of public moneys is not a discretionary ask, but a mandatory one which the Minister of Finance must execute. The Minister of Finance must approve the funding of this future commitment by way of the Contingency Funds because the entire financial commitment was unforeseen, unavoidable and urgent and is a matter of national importance that transcends party politics. So there is no role for Mr. Jagdeo and Mr. Granger in this arrangement. GECOM does not need Mr. Granger’s or Mr. Jagdeo’s permission to draw on the Contingency Funds to hold Elections?

As to Issue No. 1 and the constitutional role of the National Assembly, Mr. Granger must be advised that such a role only becomes relevant once an elections date is publicly declared by him and only him. This process does not need Mr. Jagdeo until a date is announced. Again who does Mr. Granger think he is fooling?

Between now and March 20, 2019, there is no need for the National Assembly to meet unless for the primary act of extending the life of the Government using a 2/3 majority of all the elected members (44 whole members). But in the absence of an elections date what is Mr. Granger trying to do, force an after-life for his Government using these zombie tactics? I trust Mr. Jagdeo and his Team would engage in parliamentary semantics by extending the life of a Government that has not yet committed to an elections date.

Enough time has passed since December 23, 2019 for all the power brokers in Team Granger to fully comprehend the gravity of the matter at hand. We must at least credit

them with some common sense.

I therefore call on Mr. Jagdeo to write to Mr. Granger and politely decline the offer to meet for the simple reason that there is nothing to meet about this time until a date for the elections are publicly declared by Mr. Granger. Attending this meeting without an elections date will only serve one purpose – to kick the bucket down the road.

Further this meeting helps no one – not the private sector who are seeing their business implode, the citizenry who live in a society of great uncertainty and the political opposition who will only be aiding and abetting an idle Government whose life expires on March 20, 2019. This letter from Mr. Granger seek to serve the interest of one group – David Arthur Granger and his apparatchiks, who continue to live the high life on the back of the Guyanese people and expect to continue to do so with zero accountability.

Regards, Sasenarine Singh

Constitution is not a creature of the President nor GECOM Dear Editor,

T

he tension in Guyana continues to be heightened as the deadline for the NCM (No-Confidence Motion) that was successfully passed on December 21, 2018, is closely approaching. While the Opposition Leader Bharrat Jagdeo publicly ventilated his argument on the NCM, President David Granger refused to comment on the issue of the NCM. As Guyanese, we should urge Caricom to start playing a more meaningful role in the current political crisis that is developing in Guyana and must not allow the current situation to escalate to what transpired post-election December 15, 1997, with an election unrest.

The then intervention by Caricom successfully facilitated and support mechanisms to lubricate the process of sustained dialogue

to foster harmony and confidence between political parties.

External pressure must be enforced immediately on the President in order to derail this constitutional crisis that is already evident in Guyana. President David Granger’s refusal to respect the parliamentary sovereignty or legislative supremacy is an erosion of parliamentary democracy in Guyana. There is no constitutional court or Supreme Court that can have an explicit right to declare a law unconstitutional.

The Constitution of Guyana did not give President David Granger the power, privilege or authority to violate the supreme laws of Guyana but empowered him by the oath of office to be the President of Guyana.

Therefore, if we examine the oath of office, “I ….. Do hereby solemnly declare that I will bear true faith and allegiance to the people of Guyana, that I will execute the

office of President without fear or favour affection or ill will and that in the execution of the functions of that office I will honour, uphold and preserve the Constitution of the Cooperative Republic of Guyana “. It confirmed that the oath is a binding contractual agreement between the President and the people of Guyana, to ensure that the Constitution is being upheld, respected and protected.

The President must also be cautious since Article 9 of the Guyana Constitution, which deals with sovereignty, indicates that, “Sovereignty belongs to the people, who exercise it through their representatives and the democratic organs established by or under the Constitution”.

What this Article is telling us, is that the people as a whole are supreme in relation to any actions taken by any elected officials.

President David Granger must remember

that he serves as a representative of the people and not a supreme leader of the people since the President has taken an oath of office to respect the Constitution. As such, he is subject to the laws and is duty-bound to obey them.

We must remember that the President and GECOM are creatures of the Constitution, the Constitution is not a creature of the President nor GECOM. This definitely means that the office-holders must not operate above this supreme instrument, but strictly within the confines of the Constitution.

The media, which is considered a vital institution to democracy and participates in the process of sharing information, ideas etc. should continue to stand in protection of the supreme laws of our country.

Regards, Zamal Hussain

7

WEEKEND MIRROR 2-3 MARCH, 2019

General and Regional Elections must be called now Dear Editor,

G

eneral and Regional Elections in Guyana is a mandatory issue; and nothing — I repeat, nothing — is going to stop us now.

The shenanigans of the PNC and their cohorts at GECOM cannot stop that inevitability. It is a constitutional mandate that has to be upheld come what may. The Government and its unilateral appointee are afraid of this, and in that regard, they are in concert, trying their utmost to stymie this imminent event.

The Government is exploring every available option, such as appeals and other delaying tactics, which simply would not work because, at the end of the day, they must honour and respect the dictates of the Constitution, which explicitly states that upon the successful passage of a no-confidence motion, the President and Cabinet must resign and call fresh elections. Period! The Constitution on which all civilised societies is pivoted (Guyana being one such society) must reign supreme.

Trying to frustrate the people of this country on this fundamental right would only breed more harm for the Government. Again, I say: trying to prevent the people of Guyana from making that all-important decision as to who governs them would prove very detrimental to this present dictator, PNC. The more you delay, the more the numbers of those who are against you grow. Day by day, persons are crossing the floor, even those of your die-hard supporters are breaking ranks with The PNC. And from those of us whose ears are to the ground, the number of those that are against you has swollen to a massive amount. I am calling on the PNC to do the decent thing; that is, call an election now and bow out with some dignity. Do not wait until the odds are against you.

What the PNC should be grateful about is that under the Proportional Representation (PR) process, they are assured seats in the next election. However, if elections were to have been held under a constituency system, their lot would certainly be that of Barbados, Grenada, and I think St Kitts, where the Opposition was wiped out of existence.

Whenever a Government becomes obnoxious,

the voters are very severe with those of their oppressors. So the PNC ought to be thankful for the system that we have.

Now, having said all of that, it behoves us to scrutinise the Guyana system a bit. When you look at Guyana, you get the horrifying picture of a party that has never, I repeat, has never won an election but has had the longest stay in power. How they did it is anybody’s guess, by a system of intimidation, fear and finally, by rigging. It is an appalling state of affairs that the party is unashamedly proud of.

Their strategy is notorious, with that Third World brutal backwardness unleashed here at every election here in Guyana. They are already on the warpath with the incarceration of Miss Jaferally, a PPP/C supporter with those trumped-up charges of her trying to blow up The University of Guyana and other educational institutions.

But this has backfired on them, persons are questioning that charge with all seriousness and telling them forthrightly that these charges are political in nature. So they are now trying the bribery trick on those who support them.

Now, it seems that they have gotten a little smarter this time around in that they are now going into their strongholds promising them land to build their dream houses. This new bribery campaign is targeting certain select depressed communities with the sole aim of getting recruits for their massive protest actions come election time. But that campaign strategy has hit a snag, as you listen to the comments of two such PNC supporters.

Those supporters are saying “Deh come hot and sweaty with house lots … what they been doing all dis time?” Another retorted “we ain’t get wuk, we ain’t gat money, so how we guh buy land … PNC think we stupid nuh”.

These comments are symptomatic of countless others of its kind, and for which the PNC is aware of, hence their fear of calling an election. When your own are turning away from you and their attention is on the Opposition, you know full well what will be the result.

I say call the elections now!

Respectfully, Neil Adams

Irfaan Ali is doing what he needs to Dear Editor,

M

aruranau, Nappi, Aishalton, Karadarnauwa, Katoonarib, Potannau, Rukumuta. Irfaan Ali has been travelling throughout Guyana, these are but a few of the names of villages visited in the Rupununi recently.

Irfaan has visited seven of the ten regions of Guyana so far on his mission to listen to the voices of the people, their concerns, needs and proposed solutions. Irfaan is well-known to people in the areas where he worked to establish housing schemes. He is meeting a larger constituency now, with concerns small and large, he is campaigning, but most important is a leader who listens to voices other than those in Georgetown. It may offend the elitist of our capital city, but it is exactly what Guyana needs.

On Republic day, Georgetown got to meet Irfaan Ali as he led the parade of the PPP/C Mashramani float; the interaction was most interesting; the band almost ground to a halt, moving at a snail’s pace as many reached out to press the flesh, take selfies, offer words of encouragement, talk; it took over three hours to move from the seawall to Church street along Vlissingen road.

As the new week dawns, Irfaan Ali will be gone from Georgetown again, ‘missing’ is the word that will be used to describe a candidate who actually dares to be different.

Irfaan Ali is doing what he needs to; he has a very capable party supporting him, a General Secretary who was President of Guyana for a dozen years is holding the fort in Georgetown, activists are walking in every neighbourhood, in every region, sharing flyers filled with information, engaging with residents, noting concerns and building a database of issues to be addressed. A vast team of volunteers working for a common cause; gathering information required for good governance.

Editor, some may say the Georgetown elite are being hypocritical when they ask “Where is Irfaan Ali?” Based on the reaction from the crowd on mash day, I would suggest it is a plea for leadership from an elite abandoned by the quintessential elitist elected in 2015.

One who became so far removed from the ordinary Guyanese that he offers the excuse of health as he refuses to shake their hands, occasionally engages with ‘fist bumps’ with his Prime Minister but yet was observed shaking hands with foreign dignitaries at a poetry event. Actions speak louder than words, and the outpouring of warmth for Irfaan is a harbinger of beautiful future for all Guyanese.

Respectfully, Robin Singh

SARA has some explaining to do Dear Editor,

I

n an article on SARA indebtedness to foreign consultants,(Kaieteur News 24.02.2019) it was noted that monies amounting to “US$55,600 is owed to CIFA Consultancy, a subsidiary of the Caribbean Institute of Forensic Accounting (CIFA)” for work by its investigator Stephon Grey, a name not unknown to me, having lived and worked in Trinidad for over 2 decades.

Stephon Grey shot to prominence in Trinidad when his credentials were challenged and investigative findings were revealed in its parliament in 2001. Among the revelations were that Grey was not ACCA certified but was an ACCA student, who was suspended.

Stephon Grey is not presently listed on the ACCA membership list nor is he in their searchable database.

Stephon Grey lists memberships to two organizations in his public profile on LinkedIn, Association of Certified Fraud Examiners (ACFE) and Certified Internal Controls Auditor (CICA). Stephon Grey is listed as a member of ACFE since 2005; however there are no records of his bachelor’s or Master’s degrees listed. A conversation with the ACFE certification department revealed that while an accounting or auditing degree is preferred there are other qualifications accepted including a BSC plus MSC or fraud investigation related ‘experience’. Given Grey’s work in Trinidad was by way of fraudulent claim of expertise, it raises the suspicion that Grey has parlayed the fruit of that poisoned tree into a claim of requisite experience and is benefiting from the ACFE cloak of respectability. Similarly, the Institute of Internal Controls notes in bold red at the top of their website page “It should be noted that The Institute for Internal Controls is not an association restricted only to auditors.” The IIC also says it should be noted that a CICA denotes expertise in at least one area of the categories of internal controls and it should not be presumed that they are

experts in all areas or categories of internal controls. I would suggest that Mr. Grey has again used the same ploy to gain certification In 2013, Grey made claims that billions of dollars were being lost to fraudulent contractors in Trinidad & Tobago at a forum for Procurement reform, when the T&T Attorney General Anand Ramlogan was appraised of these allegations and informed of the source he said "Private organizations with political agendas are a feature of our politics and this is the silly season,"…"It is suspicious that anyone who claims to have such information will not report it or share it with the proper and relevant law enforcement agency."If the evidence exists it should be shared with the Financial Investigations Unit (FIU) and the Director of Public Prosecutions (DPP). If it is shared with me I will have no difficulty in treating with it or passing it." No follow up claim was made or report made to any official agency by Grey.

The company that ‘sub-contracts’ Stephon Grey , the Caribbean Institute of Forensic Accounting, complete with official acronym CIFA is itself owned by Grey, as is the subsidiary CIFA Consultancy. Research indicates that Grey is the only representative of this ‘Institute’ to have performed any public work or service on its behalf (there is a Secretary listed along with a telephone number).

Editor, I would ask SARA to disclose all of the qualifications of Mr. Stephon Grey and indicate the cases on which he was consulted and; if Grey will be called as an ‘expert’ witness in any SARA proceedings? Was Grey hired for his penchant for laying baseless claims for political gain? And who was responsible for hiring CIFA to provided services for SARA? These questions are urgent and of public interest and I hope they are addressed expeditiously.

Respectfully, R. Singh

8

WEEKEND MIRROR 2-3 MARCH, 2019

Commissioners Granger finally GECOM presented with three writes GECOM work-plans for discussion

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letter dated February 25, 2019 was dispatched to the Guyana Elections Commission (GECOM) by President David Granger, who has acted in this matter over 70 days after the no-confidence motion was successfully passed in the National Assembly.

The validity of the vote has been upheld by the High Court. The Granger-government has challenge the ruling in the Appeal Court.

The matter is expected to go all the way to the Caribbean Court of Justice (CCJ).

With the passage of the no-confidence motion, elections are constitutionally due in three months, meaning by March 19, 2019.

Article 106 (6) of the Constitution states: “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.”

Article 106 (7) goes on to state that: “Notwithstanding its defeat, the Government shall remain in office and shall hold an election within

T

he Guyana Elections Commission (GECOM) – the Chairman and six Commissioners (three government-nominated and three Opposition-nominated) met on Tuesday (February 26, 2019) for its weekly statutory meetings.

Commissioners were presented with three workplans, none of which will see GECOM being ready to deliver General and Regional Elections within the constitutionally due timeframe – three months after

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.”

Article 162 (1) of the Constitution states clearly that: “The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament.”

Timelines proposed for house-to-house registration will further delay General and Regional Elections – Gunraj

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he proposal sent to the Guyana Elections Commission (GECOM) Commissioners for House-toHouse registration to be done this year, with the promise of General and Regional Elections late this year, after that exercise is not realistic.

This was according to Opposition-nominated GECOM Commissioner, Sase Gunraj. According to him, the timings proposed will be insufficient and, as such, if house-to-house registration were to be done, then there is a strong possibility that General and Regional Elections will be held in 2019.

“I don’t think that this is enough time,” he said.

General and Regional Elections are due by March 19, 2019 – as per the Constitution – following the passage of the no-confidence motion advanced by the People’s Progressive Party/ Civic (PPP/C), which resulted in the fall of the APNU+AFC Coalition Gov-

ernment.

Gunraj argued that GECOM has a constitutional duty to comply with.

Article 162 (1) of the Constitution states clearly that: “The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament.”

Notably, the PPP had recommended that house-tohouse registration be done in 2015, but the Commission refused and pursued two cycles of continuous registration, instead, that year.

Meanwhile, in April 2018, the People’s National Congress Reform (PNCR), the largest party in the coalition government, called for house-to-house registration to clean up the voters’ list – one that came mere months before the November 2018 Local Government Elections were due to be held. PNCR

General Secretary Amna Ally had suggested that a registration should begin as soon as possible. The PPP, in a statement in response to Ally, had said it did not support the PNCR’s call for new house-to-house registration.

The last house-to-house registration, in which persons 14 years and older were registered, was conducted in 2008.

The voter’ list has since been updated through continuous registration cycles.

The last cycle of continuous registration was held in July 2018.

The Parliamentary Opposition has pointed out that the 2018 Local Government Elections were held with the current Voters’ List, which remains valid until April 30, 2019, without complaints from the Coalition Government – therefore exposing the call for house-to-house registration as attempt to delay the constitutionally due General and Regional Elections.

the December 21, 2018 no-confidence motion was successfully passed in the National Assembly.

Opposition-nominated GECOM Commissioner, Sase Gunraj, disclosed that the three work plans include plans for: • Claims and Objections, which if started now would GECOM being ready for Elections sometime in June 2019; • Continuous Registration and Claims and Objections, which if started now would

see GECOM being ready for Elections sometime in July 2019; and • House to House registration, which would see GECOM not being ready for elections until year-end or sometime early in 2020.

“We also received work plans which we will discuss on Thursday (February 28, 2019),” Gunraj said.

Up to press time there was no update from GECOM on the outcome of these discussions.

Impact of political developments on foreign investments raised by diplomats during GECOM meting

A

second meeting was held with diplomatic representatives from the United States, Britain, Canada and the European Union (EU) on Wednesday (February 20, 2019) and concerns were raised about the impact that the current political situation could have on foreign investment.

Opposition-nominated Commissioner Sase Gunraj, in commenting on the meeting, said, “One member of the delegation we just met, made it very clear to us and brought it to our attention that the current impasse that the country finds itself in is affecting the inward flow of investments into this country.

And that recognition by this person with whom we meet is a recognition that this country ought to come to. The longer this situation continues, it affects the livelihood and progress this country will make.”

During the two-hour meeting, GECOM’s preparedness to hold general and regional elections was also questioned.

Gunraj said, “We informed them of the issues touching on holding of elections and the delays that are being thrown up, including the latest thing on funding.”

He added, “I said to them democracy is not a cheap thing, democracy is a costly thing; and elections and the holding of elections is an integral part of that democracy.

I described it in that meeting [that] it’s a very fragile democracy that Guyana enjoys and…that starvation of funds to the Commission for the holding of elections, I believe, provides a fetter to the Commission to effectively carry out its functions…that was made every clear to the (diplomats). “…they were very receptive to whatever we had to say including the diverting views between Commissioners. I hope it falls on very fertile ears and perhaps they can assist us in coming out of this conundrum in which we find ourselves.”

Meanwhile, Opposi tion-nominated commissioner Bibi Shadick, stated that

the questions asked by the diplomats were “very insightful and will help.”

She said, “The CEO (Chief Elections Officer Keith Lowenfield) said GECOM is not yet in possession of the subvention that was voted for and so, in withholding that money from GECOM, the Executive no longer exists. The Government of this country is stymieing the work of GECOM. Other than that, I know as a matter of fact and law, the monies that are given to constitutional agencies are spent by those agencies in carrying out their duties and if some of those duties become priority or emergency then the money has to be used for that.”

Representatives from the United States of America, Canada, Britain and the European Union (EU) first met with GECOM on Monday, January 28, 2019 and were briefed on Guyana Elections Commission’s (GECOM) election preparation process.

Both meetings were held at the request of the diplomatic missions.

9

WEEKEND MIRROR 2-3 MARCH, 2019

SARA’s move against Four cases filed in Appeal Court on no-confidence motion up for hearing former PPP/C officials F ‘illegal’ – Nandlall S

tate Assets Recovery Agency’s (SARA) has filed civil proceedings against former President Bharrat Jagdeo and six other persons.

And former Attorney General Anil Nandlall contends that the move was not only illegal, but was a desperate move by an illegitimate body.

He said, “In my respectful view, it would be premature for any legal proceedings to be heard and determined under the SARA Act without the legality of that Act itself being first determined by Court.”

A total of eight cases were filed last Friday (February 15, 2019) to go after persons who are in possession of state assets. Aside from Jagdeo, the other defendants are former Home Affairs Minister Clement Rohee, former Housing Minister Shaik Baksh, Lisaveta Ramotar, who is the daughter of former president Donald Ramotar, businessman Ramesh Dookhoo, former Caribbean Development Bank (CDB) president Professor Compton Bourne, and Florrie Loretta Ramnauth.

The cases concern parcels 241, 246,175,240, 243,174,183 and 173.

The court is yet to fix a date or assign a judge to hear the cases.

Nandlall said, ““I observed, that SARA is moving

to institute legal proceedings against a number of persons.

You will recall that on a number of occasions, I have pointed out to the press that both the director and deputy director of SARA are holding office illegally. The SARA Act expressly provide that these two officers, who held office even before the Act came into force were only to remain in office transiently until the National Assembly appoints appropriately qualified persons to these offices. “…over two years after the Act came into force, the government never initiated the process for persons to be lawfully appointed to those offices under the act. So it is without doubt that Professor Clive Thomas and his deputy, Aubrey Heath-Retemyer are holding offices illegally.

“Since the Act came into force, a legal challenge was filed against the constitutionality of several of its provisions that legal challenge was never heard and determined by the court and it is still pending. “…it is eminently more advisable that SARA addresses these two issues first as they will certainly have an impact on the ability of the agency to prosecute the alleged cases, which it seemed to be instituting.” “…they are far more egregious but they have not attracted the attention of

SARA although we have made several calls for these transactions to be investigated. We have, for example, the notorious Drug Bond Rental Contract of a Sussex Street property. They are speaking about market value? That is the most vulgar rental contract ever made on planet earth; where a house was rented …at a cost of $12.5M per month for over two years and the advance payment alone of the rent to the landlord was presumably used by the landlord to acquire the property. That advance rental was paid even before the man purchased the property. Then there is the D’Urban Park fiasco where the Auditor General recently indicated that over $450M is missing. In this case, a private company owned by ministers of the government and persons working within the Office of the President, used state funds without any resort to the Public Procurement Laws, commenced that project and to date has never submitted a report of its income and expenditure to anybody.”

Notably, SARA is implicated in a High Court case. Private citizen, Ramon Gaskin, has asked the High Court to have the SARA scrapped. That case is yet to be substantively heard by Chief Justice (ag) Roxane George-Wiltshire SC.

Almost a year later…

Questions about SARA’s operations still not answered T he State Assets Recovery Act was only assented to

by President David Granger on May 4, 2018 – over one year after it was passed in the National Assembly by a government majority, despite objections voiced by the Parliamentary Opposition.

And, in a June 15, 2018 letter to SARA Director, Clive Thomas, signed by Opposition Chief Whip, queries were raised about SARA’s operations prior to Granger’s move to assent to the SARA Act. The letter said, “Could you say how monies were allocated to the State Assets Recovery Agency for the

year 2018 Budget to acquire an office at Lot 56 Main and New Market Streets, SARA letterhead, staff, etc., prior to that date (May 4, 2018), when the agency did not legally exist?”

Notably, almost a year later these questions remain unanswered.

After the State Assets Recovery Act was passed in the National Assembly in April 2017, the Government returned to the House in July 2017 for additional funding for the Agency.

The request for the monies for SARA was made under the budget for the Ministry of Legal Affairs

– under the heading ‘subsidies and contributions to local organisations’. The sums requested include: $89.89M for managerial, technical, supervisory and clerical staffers, as well as for services; $13M for two vehicles; and $13.42M to furnish and equip a newly rented building to house SARA, inclusive of furniture, television, refrigerator, photocopier, computer server and water dispenser – a whopping $116.31M. The People’s Progressive Party/Civic (PPP/C) has made it clear that it was and remains opposed to SARA, as currently configured.

our appeals have been filed in the Appeal Court on the cases related to the vote on the no-confidence motion – the validity of which was upheld by the High Court on January 31, 2019 via rulings delivered

by Acting Chief Justice, Roxanne George-Wiltshire.

The APNU+AFC Coalition Government, through Attorney General, Basil Williams, moved to the Appeal Court on Tuesday (February 5, 2019) in two of the three appeals that have been filed to date.

In the both cases, under grounds for appeal, the Attorney General, Basil Williams, argues that the Acting Chief Justice’s ruling was “unreasonable and cannot be supported having regard to the evidence” – although the ‘evidence’ in question was not detailed.

He argues too that the Acting Chief Justice “erred and misdirected herself in law when she ruled that the motion of no-confidence upon a division vote of 33:32 Members of the National Assembly was validly passed as the requisite majority of all the elected members of the National Assembly pursuant to article 106 (6) of the Constitution.”

FIRST APPEAL CASE Williams, in the High Court, had argued that the no-confidence motion needed the support of an “absolute majority” of 34 members to be valid.

The National Assembly has 65 Parliamentarians. In the current configuration, 33 seats are held by the Government and 32 are held by the People’s Progressive Party/ Civic (PPP/C). On the day of the vote on the motion of no-confidence motion, a Government Parliamentarian, Charandass Persaud, voted with the PPP/C. Williams contended that the National Assembly comprises 65 members and that, mathematically, half of all the elected members equals 32.5. Accordingly, he says that the figure should then be rounded to the next whole number, being 33, which would now represent half of the elected members and that the majority thereby being a number greater than half means

that ‘1’ ought to have been added to the whole number ‘33’ to calculate an absolute majority of 34.

The Acting Chief Justice ruled against Williams in this case.

Minister of State, Joseph Harmon, has asked to Appeal Court to be added as a party to this case.

SECOND APPEAL CASE In the second case, Christopher Ram, an attorney-at-law and chartered accountant, had asked the High Court on January 8, 2019 to validate the passage of the no confidence motion and have Government comply with constitutional provisions to demit office and call elections no later than March of this year.

In this case, the Acting Chief Justice upheld the validity of the vote on the no-confidence motions. As it relates to Cabinet having to resign, she said: “I therefore find that Cabinet is not required to resign with all convenient speed, as the resignation under Article 106(6), in my view, takes immediate effect following the defect of the Government in a vote of confidence by a majority of all elected members of the National Assembly. In this case, Cabinet must be taken to have resigned with immediate effect from the evening of December 21, 2018, and all functions or duties provided in any law to be performed specifically by Cabinet must have ceased from that time.”

Williams argued against this. However, the Acting Chief Justice did not rule in Williams’ favour.

THIRD APPEAL CASE In the third case, Harmon, also General Secretary of A Partnership for National Unity (APNU), approached the Appeal Court on February 6, 2019.

He is appealing the ruling that was handed down in the case filed by Compton Reid. Reid argued that the vote by former Government Parliamentarian, Charandass Persaud, in support of the Parliamentary Opposition, was invalid because he holds Canadian citizenship.

The Acting Chief Justice ruled that sitting in as a Member of Parliament

in the National Assembly while holding dual citizenship is unconstitutional, but Article 165(2) provides that proceedings of the national assembly are not invalidated by the presence or participation of a person not entitled to do so – so Persaud’s vote is valid.

Harmon, in his appeal, disagrees with the decision that Persaud’s vote was valid even though he was disqualified from being an elected member of the National Assembly given his Canadian citizenship.

FOURTH APPEAL CASE This week, while Harmon has already filed an appeal in this matter, lawyers representing Compton Reid, the private citizen who challenged the no- confidence motion passed in the National Assembly on December 21, 2018, have filed an appeal on his behalf.

Reid through his Attorneys, Rex Mc Kay, S.C Neil Boston S.C and Robert Corbin, expressed his dissatisfaction with the ruling of Chief Justice in relation to the case.

As part of her ruling – which is that Persaud is not qualified for elections as a member of the National Assembly on the basis of dual, but his dual citizenship does not invalidate his vote on the no-confidence motion – the Acting Chief Justice ruled too that a challenge to legitimacy of Persaud’s position as a Member of Parliament ought to have been done by way of an elections petition, after the May 2015 General and Regional Elections.

In his appeal, Reid is arguing that no Election’s Petition was needed in his challenge to Persaud’s vote.

He is claiming too that the CJ erred in her consistency by failing to grant orders sought in the application when she had earlier granted declarations by the applicant for constitutional relief.

“The judge misdirected herself by failing to consider false declaration made by Persaud in statutory declaration as a candidate on the list of the ruling coalition party,” Reid argues.

The four matters came up for hearing in the Appeal Court on Friday (February 29, 2019).

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WEEKEND MIRROR 2-3 MARCH, 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 (February 28, 2019), ranging from the Ministry of the Presidency’s misrepresentation of communication between President David Granger and the Guyana Elections Commission (GECOM) and his position on a future meeting with the President.

Letter instructing the start of elections preparations…

Granger must explain why his office misrepresented communications to GECOM T

he announcement that President David Granger wrote to Guyana Elections Commission (GECOM) Chairman, James Patterson, was disclosed by the Ministry of the Presidency on Tuesday, February 26, 2019.

In making the announce-

ment, a copy of the letter was also released.

The letter, dated February 25, 2019, read: “I have noted that GECOM, as a constitutional agency, would require a new appropriation of funds approved by the National Assembly for the

conduct of General and Regional Elections. I now write you in that context for us to initiate consultations on the readiness of GECOMN for the conduct of General and Regional Elections.”

However, while this letter was made public, GECOM

The February 25, 2019 letter instructing GECOM to commence elections preparations

Commissioners have in their possession a different letter that was sent to the GECOM Chairman on February 25, 2019.

That letter reads: “The Government is committed to doing everything possible to ensure that the Commission is provided with the financial resources and has sufficient time to conduct credible elections. I therefore urge the Commission, therefore, to

commence preparations for the conduct of GRE (General and Regional Elections).

The Government will initiate measures to provide the funds required and to seek the approval of the National Assembly to ensure that an agreement can be reached, given both the Constitutional requirements and GECOM’s capability.”

During his Thursday (February 28, 2019) news

The February 25, 2019 letter released by Ministry of the Presidency as being the President’s communication with GECOM

conference, Opposition Leader, Bharrat Jagdeo, contends that “fraud” was perpetrated on the Guyanese people – they were misled into thinking that GECOM was not instructed to commence preparations for the conduct of General and Regional Elections.

“One document was presented to the Commissioners and another document is on the website of the Ministry of the Presidency…this is fraudulent behaviour,” he said.

Jagdeo added that the country cannot move forward as a country with this sort of behaviour. He said, “When this country thought that we were moving forward, the second letter takes us back to old arguments…it only talks about discussions.”

He added, “…the first letter was explicit…three critical issues were dealt with, including constitutional compliance, instructions for GECOM to start preparations for elections.”

Jagdeo reasoned that this misleading of the Guyanese people is the latest attempt by the APNU+AFC Coalition Government to hang on to power. “If a government resorts to fraud…what else can they do to hang on to power?” he asked.

According to him, the credibility of the government and President Granger himself is at stake. “This overshadows everything else… how can you engage with a government of this nature in good faith? This is a national scandal,” he said.

Jagdeo charged that the existence of two letters must be explained by Granger.

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WEEKEND MIRROR 2-3 MARCH, 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 (February 28, 2019), ranging from the Ministry of the Presidency’s misrepresentation of communication between President David Granger and the Guyana Elections Commission (GECOM) and his position on a future meeting with the President.

APNU+AFC Coalition gov’t ignoring ‘major implications’ of constitutional crisis

B

y maintaining a ‘business as usual’ disposition, the APNU+AFC Coalition government is driving Guyana towards and constitutional crisis and ignoring the implications that such a move will have on Guyana, according to Opposition Leader, Bharrat Jagdeo.

During his Thursday (February 28, 2019) news conference, he said, “You have already seen what is going on out there.” He referred to concerns expressed by the Guyana Chamber of Commerce and Industry (GCCI) about the slump in business and those by the diplomatic community about the impact of local developments on foreign investments.

“There are huge implica-

tions for Guyana, but they do not care,” Jagdeo said.

The Coalition Government has challenge the validity of the no-confidence motion, which has been upheld by the High Court, and insists that it will await finality from the Caribbean Court of Justice (CCJ) until its acts.

However, the Parliamentary Opposition has argued that with the passage of the no-confidence motion on December 21, 2019, the threemonth clock started ticking and the judiciary cannot change the timeline within which General and Regional Elections are constitutionally due.

“Article 106 of the Constitution has been triggered… it is not business as usual,” Jagdeo said.

Article 106 (6) of the Constitution states: “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.”

Article 106 (7) goes on to state 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 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.”

No vote to extend March 19 deadline will be supported by PPP/C

W

ith no actions being taken by the APNU+AFC Coalition Government to ensure that it complies with the Constitution of Guyana, Opposition Leader, Bharrat Jagdeo, stressed that there will be no support to extend the life of the Government.

On March 19, 2019, Guyana’s Government becomes unconstitutional, illegal and illegitimate, given that the three-month deadline would have been passed within

which General and Regional Elections are due – following the passage of the no-confidence motion on December 21, 2018.

Jagdeo, when asked about a vote in the National Assembly, to extend the March 19, 2019 deadline – thereby extending the life of the Coalition Government – said, “I do have a choice. We will not at this stage vote to extend the life of this government.”

According to him, voting to extend the life of

the Coalition government would be voting to allow objectionable actions to continue. “Why are we extending the life of the government? So they can continue to abuse our resources? So they can continue to steal? So they can continue to violate the Constitution?

So they can continue to make excuses to not hold Elections?”

All considered, Jagdeo made clear that there will be no such vote.

Granger has failed to effectively lead Guyana

T

he Coalition Government is not effectively managing the affairs of state effectively, according to Opposition Leader, Bharrat Jagdeo.

And he contends that President David Granger’s leadership is lacking. “We are drifting. We will drift further…the President has

been missing, there is no leadership,” he said.

Jagdeo charged that more needs to be done, specifically as it relates to upholding and respecting the Constitution of Guyana.

As it relates to the Constitution of Guyana, Granger, in 2016, at the opening of the 19th Biennial

Delegates Congress of the People’s National Congress Reform (PNCR), declared that, “Our Party, founded 59 years ago on 5th October 1957 by Forbes Burnham and Joseph Lachhmansingh, rests securely on our sacred institutions – our Constitution, our supreme law.”

Appeal Court refuses to grant interim order to keep Cabinet in place, preserve status quo

T

he Applications for Stay of Execution of the effect of the Chief Justice’s rulings in the three cases filed in relation to the No-Confidence Motions, passed in the National Assembly on the 21st December 2018, came up a second time for hearing on Thursday (February 28, 2019) before Justice of Appeal, Rishi Persaud, at the Guyana Court of Appeal.

The Attorney General made an Application for an Interim Stay to be granted. This Application was opposed by Nandlall, who argued that there is no basis established before the Court for such an Interim Stay to be granted and that in any event, the parties are returning to the Court before the constitutionally prescribed time of the 21st March 2019, expires and therefore, there is no need for any Stay of Execution to be granted.

The Judge refused the Application for the Interim Stay.

STAYS REQUESTED The Acting Chief Justice, Roxane George-Wiltshire, on January 31, 2019, handed her three rulings in the cases that challenged the validity of the vote on the no-confidence motion, which was passed in the National Assembly on December 21, 2018.

Williams wanted a stay in her decision in the case where he argued that the no-confidence motion needed the support of an “absolute majority” of 34 members to be valid.

The Acting Chief Justice in her ruling had said, “The majority required by Article 106(6), being a majority of all elected members of the National Assembly is at least

thirty-three (33) members.

As a result of the finding above, the no confidence motion is carried as a requisite majority was obtained by a vote of thirty-three – thirty-two (33-32)….the President and the Ministers cannot therefore remain in Government beyond the three months within which elections are required to be held in accordance with Article 106 Sub Article 7 unless that time is enlarged by the National Assembly in accordance with the requirements of said Article 106 Sub Article 7.”

Williams also sought a stay of the ruling in the case filed by Christopher Ram, an attorney-at-law and chartered accountant, who had called on the High Court to validate the recently passed no confidence motion and have Government comply with constitutional provisions to demit office and call elections no later than March of this year.

The Acting Chief Justice had ruled, “I therefore find that Cabinet is not required to resign with all convenient speed, as the resignation under Article 106(6), in my view, takes immediate effect following the defect of the Government in a vote of confidence by a majority

of all elected members of the National Assembly. In this case, Cabinet must be taken to have resigned with immediate effect from the evening of December 21, 2018, and all functions or duties provided in any law to be performed specifically

by Cabinet must have ceased from that time.”

Her ruling made clear that the High Court upheld the validity of the no-confidence motion, which was declared as successfully passed in the National Assembly, by House Speaker, Dr. Barton Scotland.

ACADEMIC UNDERTAKING In an invited comment, Attorney-at-Law, Anil Nandlall, opined that the Court matters are already losing their efficacy and will have no relevance beyond the 21st of March 2019, at which time the three months period triggered by No-Confidence Motion would have already expired.

“When that occurs, the Court proceedings would all become irrelevant, since the Judiciary cannot reverse time, and even now cannot stop the time from running… the litigation, therefore, would become of academic significance only,” he said.

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WEEKEND MIRROR 2-3 MARCH, 2019

‘Significant progress made under successive PPP/C administrations to improve welfare of Amerindians’ LEGISLATION

The Amerindian Act 2006 is an embodiment of policies that cover the protection of the general welfare and rights of Indigenous Peoples. It affirms the declaration of rights of indigenous peoples in specific stipulations that include governance, land rights and preservation, and Amerindian heritage.

Passed a year before the UN-DRIP declaration, Guyana’s 2006 Amerindian Act includes key provisions relating to Amerindian people that are not dissimilar, in most instances, from those outlined in the declaration, and has thus been the legal stronghold for Amerindian development.

TOURISM SUPPORT

In 2012, the Ministry financed eco-tourism projects for 19 Villages, each receiving utmost $1.5M. In 2013, twenty villages will be receiving grants at $1.5M each to the eco-tourism industry in their respective regions.

The initial implementation of the first 27 Community Development Plans (CDPs) funded through the GRIF, 11 % account for projects that are related to ecotourism.

HEALTH

The Amerindian Hostel data on inpatients reflect access to medical services at Georgetown Public Hospital thereby reducing further aggravation of health situations of Hinterland patients and providing better access to quality health services; safe and adequate accommodation for patients and welfare cases help ensure the psychological health and general well-being of those that are affected by sickness and other social issues.

The fact that all villages have a health hut/health centre makes access to primary health care easier in villages and thus improving health conditions of villagers.

Amerindian Residence accommodated a total of 7017 patients with their accompanying relatives up to 2014.

The Residence provides a shelter for those patients who have been referred to the Georgetown Public Hospital Corporation (GPHC) for medical attention.

Over the years, the purpose of this facility had evolved such that the most significant proportion of persons being accommodated is patients and those accompanying them.

The Residence has also expanded its services to encompass persons in difficult situations including Domestic Violence, Trafficking in Persons, labour issues, discharged prisoners or any other similar situation.

The Maternity waiting room at the Amerindian Hostel was constructed at a cost of $1.2M. The aim of the new facility is in keeping with Government’s commitment to ensure the safety of mothers and their babies and to ensure that every mother and child have access to adequate health care and provided with the best care and treatment.

SOLAR PANEL AND ENERGY ACCESS

A total of 11, 000 solar panels were installed across all the regions. A mini-hydro power plant is about to be constructed in Cheung Mouth River to supply renewable energy to Region 8 villages.

An additional 6000 solar panels are being procured for distribution to additional communities including some riverine communities CORE HOMES/HOME SUBSIDIES

A sum of $107.2M was spent on home improvement and 127 Core home were completed in the hinterlands

GOVERNANCE

Every year since the passing of the Amerindian Act, MoAA hosted the Annual National Toshaos Council Meeting (with an average budget of $50 M) to build capacity on: • Best practices in governance that includes transparency and accountability (audits); • Improved leadership for Toshaos and Village Councils in accordance to the Amerindian Act 2006; • Improved Community Management geared towards a holistic approach in Community Development; • Promoting dialog with government officials for the advancement of Amerindian welfare and total development of Amerindian villages; • Providing an opportunity for All Amerindian elected leaders to be able to have dialogue and exchanges on development priorities which challenges them; and • To provide a platform for the Amerindian Leaders have direct access to Government Ministers to dialogue on development challenges in various sectors and finding solutions ADF-GRIF COMMUNITY DEVELOPMENT PLANS

A total of 187 Amerindian Villages and Communities were considered for economic projects under the Low Carbon Development Strategy (LCDS) - Guyana REDD+Investment Fund (GRIF).

Some US$6.3M from GRIF is allotted for said projects under the Amerindian Development Fund (ADF).

Twenty- Seven (27) projects from across all regions have been chosen for the initial implementation of the project which has commenced early part of 2013 with a budget of US$1.8M. Sixty-seven percent (67%) of all the projects are in agriculture with the aim of securing Amerindian livelihoods.

ADF Project Management Unit were up and running to facilitate full implementation of 160 CDPs. CULTURE

The preservation and promotion of Amerindian heritage is germane to Amerindian’s identity. The cultural activities have been the media for Amerindian culture to be accepted and understood by other groups in Guyana, at the same time, an avenue for all Amerindians to celebrate their heritage and embrace their indigenous roots and identity.

By continuing to protect Amerindian culture, Amerindians are able to understand the significance of their dances, languages, practices, local knowledge, cuisine, crafts, songs, and literature to the total development of their villages. The government is cognizant of the fact that culture is one of the pillars of sustainable development, and without it, and then development is not fully achieved.

Some $25M was spent on average annually in for Amerindian Heritage Celebrations to promote traditions, values, literature , dances of Amerindians. Another $6M was spent annually for other cultural activities The Initiatives include: Arawak Revival Language Project launched in Capoey; Support to Cultural Expo (North Pakaraimas) - $5M; and Support to cultural groups of Aisalton ($1.4M) and Santa Rosa ($7M) OTHER INVESTMENTS

• Mining including gold, diamond, various metals, bauxite • Forestry • Agriculture • Information Communication and Technology- 99 hubs were completed by 2014 to accommodate the computers 20 in number to commence the computer literacy training of youths, women and residents including children.

LAND OWNERSHIP

Prior to 1992, 74 communities were titled. Since, then 24 more villages were granted titles, thereby bringing the total of titled villages to 98, seventy-seven of which had been demarcated.

Six (6) titles were to be approved prior to May 2015 and seven (7) extension were investigated and in preparation for approval While Indigenous people in many Countries have right of use of the Land only, in Guyana where the Indigenous People account for approximately 9.7% of the population, Amerindians own land, including the forests resources within their Titled Lands.

YOUTH DEVELOPMENT/SUPPORT

The MoAA has launched the Youth Apprenticeship Programme (YEAP) aimed to train young Amerindians while employing them at the same time and become powerful partners in development.

Some $200M was spent on YEAP in 2013. Focus was placed on developing 2,000 Community Support Officers (CSOs) participate productively in Education, Health, and Social Welfare, Community Development, Culture, ICT, Infrastructure and small business.

The CSOs received training in various areas, including: • Management of Photovoltaic System • Management of Basic ICT hardware • Governance & Amerindian Act • Youth Voices for Climate Change (Sponsored by the US Embassy/Caribbean Development Bank educate youths on the importance of Climate Change and its impact in the Caribbean) • Business & Sustainable Development • Various aspect of the Community Development Project training The Youth Apprenticeship Programme was aimed at training young Amerindians while employing them at the same time is a medium to empower the young as partners in national development. These youths will be our partners in the implementation of CDPs and other socio-economic activities that are taking place in the villages now. The inclusion of the young in gearing their villages towards progress by letting them participate productively in technical, mechanical, computer, and agricultural activities will definitely enhance the capacity of the villages’ human resources.

AGRICULTURAL SUPPORT

Tractors, farm implements, fertilizers, acoushi ant bait, irrigation systems, and other infrastructures provided for villages every year An average of $50M per year was given in agricultural support for various villages through the years COMMUNICATION

Computer Accessibility through 100 computer hubs commenced in 2013. Some $287.7M was allotted for solar systems for ICT hubs; and 57,000 person-beneficiaries.

As at 2014: 72 of these hubs are completed;9 hubs near completion and the HUBs were constructed into Regions of 1, 7, 8 and 9.

All villages now have radio sets for fast communication, each one costs $500,000 Telecommunication facilities built in Mabaruma, Port Kaituma, Red Hill, Morucca, Aishalton, Annai, Lethem, Ominaik, and Mahdia, thus improving communication in the hinterlands!

WEEKEND MIRROR 2-3 MARCH, 2019

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PPP/C teams continue groundwork The community of Sophia, among others, was the latest that was visited by People’s Progressive Party/ Civic (PPP/C) teams, currently engaged in flyer distribution, as part of continued house to house outreach.

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WEEKEND MIRROR 2-3 MARCH, 2019

PPP/C Mash Band promoted ‘One Coun

WEEKEND MIRROR 2-3 MARCH, 2019

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ntry, One People, One Future’ message

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WEEKEND MIRROR 2-3 MARCH, 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 2-3 MARCH, 2019

Ramjattan peddling falsehoods about sugar yet again Dear Editor,

O

nce again, the GAWU cannot allow the patent falsehoods of Vice President and Minister of Public Security and AFC Chairman, Khemraj Ramjattan to be left unanswered lest his remarks related to sugar be considered truthful. The Public Security Minister, a known lighting-rod of controversy, appearing on an online programme titled “Is there a constitutional crisis looming?” that was broadcasted on the internet on February 23, 2019, made, from our point-of-view, a number of incorrect statements regarding the sugar industry.

The Minister, on the matter, said that the Administration had spent $36 billion during the first three years of its life. But what the Minister didn’t tell the audience was that the sum represented 3.7 per cent of aggregate expenditure. He also didn’t say that those monies supported the lives of nearly 70,000 Guyanese or 9.3 per cent of the population or that some of those monies were used for consumption and, therefore, helped to support the lives of thousands more Guyanese. Undoubtedly, the Minister was disingenuous in what he was saying and clearly was speaking from one side of his mouth.

The Vice President went on to say Government’s support of sugar was dragging the

economy down. Well, now the support has stopped and what we have is the significant curtailment of consumption of thousands of Guyanese who were linked to the now-closed Skeldon, Rose Hall, East Demerara and Wales Estates. In fact, the workers are experiencing such hard times that Guyana Times recently reported that at Skeldon, they have resorted to catching fish and picking wildly grown vegetables in the backlands to feed their families.

The NIS has also lost thousands of contributors which must be taking a toll on the Scheme. The GRA also has lost many, many millions in income and value-added taxes associated with the workers. And the economy has lost several million US dollars in export earnings. In fact, for us, it was not unsurprising to read about the increased costs for foreign currency and to learn about shortages in the country as well. So we ask, isn’t the vacuum created by the closure of the estates dragging not only the economy but communities down too?

Then Minister Ramjattan boldly said that about 4000 workers lost their jobs. This, again, is completely a figment of the Minister’s imagination. Contrary to the Minister’s bold assertion, it was approximately 7000 workers who lost their jobs. First, 1700 were pushed onto the breadline when Wales Estate was closed at the end of 2016. Then nearly

5000 were sent home when the Skeldon, Rose Hall and East Demerara Estates closed at the end of 2017. The Minister’s sordid attempt to downplay the reality cannot stand scrutiny whatsoever.

Regarding the payment of severance to the thousands of displaced workers, the Minister said that the Government hadn’t enough monies to offset the payments. This excuse has been used so many times that its repetition is now laughable. The fact remains that the Termination of Employment and Severance Pay Act required that the workers be paid their monies in full.

The Government was well aware of this, yet it persisted to act contrary to the law.

Eventually, as the public well knows, the matter was addressed by the High Court which found the Government in breach and awarded the workers interests on their outstanding payments. The argument about having insufficient monies, in our view, is irrelevant, as the Government was well aware that thousands of workers had to be paid their severance payments since it decided, in the first place, to make them jobless. GuySuCo even informed the GAWU in the latter part of 2017 that it shared with the Administration an estimated cost for those payments. To then turn around and argue that monies were not available could only be seen as a futile attempt to pull the wool over the Guyanese peoples’ eyes.

The fact is, when one considers the extravagance that permeates the Government nowadays, monies could have been found but it is our view that the withholding was yet another means of punishment.

The Minister told the programme that Barbados had taken its sugar lands and converted them to golf courses, seemingly to insinuate that the island had ceased sugar production.

Though the island-State may have put some sugar lands into alternative use, it didn’t throw the baby out with the bathwater as the country still maintains its sugar industry.

The Minister, in making the Barbados inference, pointed to the need for diversification. But we ask, what the Government has done in this regard? We should not forget that $30 billion has been borrowed towards diversifying the currently operable estates but that sum has largely remained locked away.

Moreover, the GAWU strongly advocates that the industry’s sustainability was rooted in its diversification and the Union in its presentation on February 17, 2017, to the Government, which incidentally, was led by Minister Ramjattan, outlined how the diversification trust should be pursued.

The Minister also accepted that the decisions on sugar had a socioeconomic impact.

But when the necessity of a socioeconomic impact assessment was brought to his attention during a meeting with the trade unions and the Opposition – PPP/C – on February 03, 2017, he unambiguously told those present that the Government would not pursue such a study but the trade unions and Opposition could do so if they so desire.

To now turn around and admit there was an impact but failing beforehand to ascertain what that impact would be, gives rise to the view of whether the Government really had the people in mind and in heart before it took the decisions it ultimately did.

Today, while the Minister seeks to offer a defence to the situation and conduct which clearly is indefensible, the GAWU see its worthwhile to recall what Finance Minister Winston Jordan said about the sugar industry in his 2015 budget address “[t]he economic well-being of the sugar industry is critical to the protection of jobs and growth of the economy as well as the contribution it makes to GDP, exports and foreign exchange”.

We wonder what happened to such sentiments when the Administration resorted to its approach to the industry especially recognising that its own sugar Commission of Inquiry told it that closure was not an option that should be considered. So, today, while Minister Ramjattan seeks to obviously justify the Administration’s approach, the reality is thousands of Guyanese men, women and children are the hapless victims, living in miserable circumstances and difficult times.

Even more disconcerting is that the State, rather than lending a helpful hand, has instead turned its back on them.

Yours faithfully, Seepaul Narine, GAWU General Secretary

Constitution is not a creature of the President nor GECOM Dear Editor,

T

he tension in Guyana continues to be heightened as the deadline for the NCM (No-Confidence Motion) that was successfully passed on December 21, 2018, is closely approaching. While the Opposition Leader Bharrat Jagdeo publicly ventilated his argument on the NCM, President David Granger refused to comment on the issue of the NCM. As Guyanese, we should urge Caricom to start playing a more meaningful role in the current political crisis that is developing in Guyana and must not allow the current situation to escalate to what transpired post-election December 15, 1997, with an election unrest.

The then intervention by Caricom successfully facilitated and support mechanisms to lubricate the process of sustained dialogue

to foster harmony and confidence between political parties.

External pressure must be enforced immediately on the President in order to derail this constitutional crisis that is already evident in Guyana. President David Granger’s refusal to respect the parliamentary sovereignty or legislative supremacy is an erosion of parliamentary democracy in Guyana. There is no constitutional court or Supreme Court that can have an explicit right to declare a law unconstitutional.

The Constitution of Guyana did not give President David Granger the power, privilege or authority to violate the supreme laws of Guyana but empowered him by the oath of office to be the President of Guyana.

Therefore, if we examine the oath of office, “I ….. Do hereby solemnly declare that I will bear true faith and allegiance to the people of Guyana, that I will execute the

office of President without fear or favour affection or ill will and that in the execution of the functions of that office I will honour, uphold and preserve the Constitution of the Cooperative Republic of Guyana “. It confirmed that the oath is a binding contractual agreement between the President and the people of Guyana, to ensure that the Constitution is being upheld, respected and protected.

The President must also be cautious since Article 9 of the Guyana Constitution, which deals with sovereignty, indicates that, “Sovereignty belongs to the people, who exercise it through their representatives and the democratic organs established by or under the Constitution”.

What this Article is telling us, is that the people as a whole are supreme in relation to any actions taken by any elected officials.

President David Granger must remember

that he serves as a representative of the people and not a supreme leader of the people since the President has taken an oath of office to respect the Constitution. As such, he is subject to the laws and is duty-bound to obey them.

We must remember that the President and GECOM are creatures of the Constitution, the Constitution is not a creature of the President nor GECOM. This definitely means that the office-holders must not operate above this supreme instrument, but strictly within the confines of the Constitution.

The media, which is considered a vital institution to democracy and participates in the process of sharing information, ideas etc. should continue to stand in protection of the supreme laws of our country.

Regards, Zamal Hussain

18

WEEKEND MIRROR 2-3 MARCH, 2019

The onus is on President Granger to engage the Opposition Leader on the way forward

Ramjattan’s actions were ‘reckless, irresponsible I and infantile’

Dear Editor,

Dear Editor,

I

was humbled to be called upon to moderate a show on the information superhighway by a global company called GLOBESPAN 24×7. That show has been watched by some 35,000 viewers internationally to date. It was an amazing experience since I was in Maryland, USA, talking to Mr. Christopher Ram in Queens, New York, and Mr. Khemraj Ramjattan in Georgetown Guyana, powered by a system from somewhere else in the USA, but at the same time connecting to a live town hall audience in Little Guyana in Richmond Hill, a telephone audience in Guyana, Trinidad, Canada and the USA and a global audience by way of Facebook.

But my excitement was eviscerated midway in the show when I reflected upon the fact that two senior members of Guyanese society who claimed that they are friends, could not even have a completely decent conversation on such an issue of national importance – the Road Map after March 20, 2019. There were many good points made

by both parties but the show will be remembered by many for the wild and unproven allegations from Mr. Ramjattan.

Mr. Ramjattan as the person responsible for the police force made serious allegations against former Member of Parliament Mr. Charrandass Persaud. I was extremely uncomfortable with his statements because as the person responsible for the Police, he (Mr. Ramjattan) and the Guyana Police Force have not provided one iota of evidence against Mr. Charrandass Persaud on these allegations. Further, they have not brought any charges to bear against Mr. Charrandass Persaud.

So it was totally reckless, irresponsible and infantile of Mr. Ramjattan to have done such a great disservice himself by issuing such wild and baseless allegations against his fellow former AFC Member.

I am gravely disappointed in Mr. Ramjattan, he must do better than this.

Yours faithfully, Sasenarine Singh

How can we trust the APNU+AFC government?

Dear Editor,

N

ews that the criteria, methodology, and timelines for a mining lottery were finalized was released this week and begs the questions about the late action of the Ministry, headed by Minister Raphael Trotman, to help the mining sector.

This seems clearly like an effort to regain support. But what is clear is that this action will not undo the damage that has already been done. The mining sector has been hurt by the policies of the APNU-AFC Government over the last three years. There was the issue about a final tax where the law was changed, despite protests about the provisions of that law; then it was changed back in December 2018 and announced during the Budget 2019 presentation.

There was also of the key Ministers refusing to meet with the miners on issues that were affecting them. The incident in Mahdia where equipment was damaged in a conflict between the Ministry of Natural Resources and miners is still fresh in the minds of many people, more so since this could have been avoided if a different approach was taken. The general treatment of miners cannot be undone. And these are not the least of the concerns in the mining sector.

Now with the mining lottery, the Ministry of Natural Resources says the first one will be held in the Georgetown area on March 22nd, 2019. Two things have to be said here. One, why Georgetown and not a mining district?

Two, after March 21, 2019, the three-month deadline for General and Regional Elections to be held in Guyana, after the PPPC no-confidence motion was successful, will be ended.

So is this mining lottery a real thing or a ploy?

Minister Raphael Trotman may not even be a minister then, nor will Junior Minister Simona Broomes.

The APNU-AFC Government needs to get serious about helping the mining sector. If the Guyanese people cannot trust the Government to do what the Constitution, says, how can we trust that they are sincere about this new initiative for the mining sector?

Really, how? I mean, in all seriousness, the start date for the mining lottery to start was announced as March 22, 2019 when all of Guyana knows what will happen on March 21, 2019 if there is no General or Regional Elections.

The Guyanese people are not dull.

Regards, Attiya Baksh

n a year from now Guyana will observe its 50th anniversary as a Republic. A few years earlier, on May 26 1966, we celebrated the conferral of independence status from Great Britain after some150 years of British colonial rule. The relevant question is how much progress, if any, have we made in terms of race relations and governance in the context of our political and cultural diversity.

The history of Guyana is a history of struggle firstly against colonial rule and after the granting of independence in 1966, against PNC dictatorial rule. After the suspension of the Constitution in 1953, the British Government installed an interim government which lasted until 1957 when the PPP was re-elected to office. The PPP went on to win the elections in 1961 with a prior understanding by Britain that whichever party won that election would take the country to political independence.

The British Government reneged from that commitment under pressure from the United States and stalled the granting of political independence until after the PPP was engineered out of office in 1964 in what former British Prime Minister Harold Wilson described as ‘a fiddled constitutional arrangement.’

Those were the days when the Cold War was raging and the United States was unprepared to tolerate any leftist government in what it considered its backyard. The PPP paid the price of being perceived as a ‘communist’

party even though there was little if anything that the PPP did in terms of policy articulation and governance that suggested any such ideological predisposition. Yet, the United States, Britain and other western powers turned a blind eye to electoral fraud and constitutional manipulation which perpetuated undemocratic rule for almost three decades.

As we observe our 49th Republic anniversary, the country is once again on the crossroads as it seeks to navigate its way out of political turbulence following the successful passage of the no-confidence vote in the National Assembly. Can our leaders, more particularly President Granger rise to the challenge and in so doing avert a possible constitutional crisis? What about the ABCE countries? Will they turn a blind eye to infractions to our democracy and democratic institutions as happened in the past?

Guyana is on the cusp of a new era in our economic life when the much anticipated oil and gas economy could have a transformative impact on the lives of the Guyanese people.

If there is a time for our leaders to demonstrate political maturity and statesmanship, that time is now. The ball is in the court of President Granger who has a moral and constitutional duty to engage the Opposition Leader on the way forward for Guyana within the framework of our Constitution. Guyanese, indeed the entire world, is watching on anxiously.

Sincerely, Hydar Ally

No meeting with Granger... (From back page) purpose – an inaccurate interpretation.

The Opposition Leader explained that the laws of Guyana are clear on how constitutional agencies can deal with their funding.

In August 2015 President David Granger signed off Act 4 of 2015 – the Fiscal Management and Accountability (Amendment) Act 2015. Section 80 B (8) – makes it clear that: “The appropriation of a Constitutional Agency approved by the National Assembly shall be disbursed as a lump sum by the end of the month, following the month in which the appropriation was approved.” Section 80B (7) of the same act states that: “The annual budget of a Constitutional Agency approved by the National Assembly shall not be altered without prior approval of the National Assembly.”

Jagdeo said, “When the amendment was made it says, one, that the appropriation if a constitutional agency shall be disbursed as a lump sum after the appropriation as approved – a lump sum transfer. Secondly, their own amendment says that the annual budget cannot be altered without approval of the National Assembly. What this is saying is that the Minister of Finance, who can alter budgets of non-constitutional agencies, cannot alter this one. He cannot increase of decrease appropriation. This was a prohibition. This did not mean that you have to seek House’s approval on how you spend the lump sum.”

The Opposition Leader also referred

to Article 222A of the Constitution. Article 222A says: “In order to assure the independence of the entities listed in the Third Schedule – (a) the expenditure of each of the entities shall be financed as a direct charge on the Consolidated Fund, determined by a lump sum by way of an annual subvention approved by the national Assembly…(b) each entity shall manage its subvention as such manner as it deems fit for the efficient discharge of its functions, subject only to conformity with the financial practices and procedures approved by the National Assembly to ensure accountability.”

According to Jagdeo, the law is clear and excuses about financing have been trashed, since GECOM has funding available to it to conduct General and Regional Elections. He stressed that GECOM must in accordance with its constitutional mandate.

CONSTITUTION MUST BE RESPECTED The Opposition Leader stressed that after March 19, 2019, the APNU+AFC Coalition Government will be illegal, illegitimate and unconstitutional.

He disclosed that having received the invitation for a meeting, he planned on writing Granger on his concerns about the agenda. However, he charged that he is reassessing this positon. “Moving the country forward can only be done in an environment where we respect the constitution….not in an environment on impunity,” Jagdeo declared.

19

WEEKEND MIRROR 2-3 MARCH, 2019

Corruption, breach of financial laws, spending irregularities and more….

APNU+AFC gov’t has racked up over 55 scandals since taking office

C

orruption, breach of financial laws, spending irregularities and more….

APNU+AFC gov’t has racked up over 55 scandals since taking office The Parliamentary Opposition has been monitoring the APNU+AFC Coalition government’s use of public funds and the levels of transparency and accountability. From June 10, 2015 to date, over 55 scandals have been uncovered – an average of one scandal for each month – some of which are listed below:

1. The cost of the inauguration ceremonies at the Parliament Buildings and, more particularly, the one at the National Stadium has never been revealed.

2. The removal of 8 containers containing steel by BK International from the Ministry of Public Health’s compound worth millions of dollars - in the first week after government changed - in violation of a court order.

The government did nothing to retrieve the containers and has been silent.

3. The dismissal of 1,972 Amerindian community service officers at “one stroke of the pen” with no cause by the third (3rd) Vice-President and Minister of Indigenous Affairs. Despite a promise by VP Allicock in the National Assembly, during the 2015 Budget debate that the government would create a new programme to hire Amerindian youths, they instead replaced this programme with the Hinterland Entrepreneurial Youth Skills Programme (HEYs).

HEYS is a sixmonth training programme with no entrepreneurial or employment component, which is under severe duress as there are complaints that the facilitators and students have not received their stipends despite the budgetary provision of $1Billion.

4. The appointment of 33 foreign honourary advisors to assist the government and the appointment of a top heavy bureaucracy of Presidential and Ministerial advisors, which have only been partially disclosed in the National Assembly in response to questions to Ministers in 2016. The total numbers are approximated to be nearing 100 advisors (local and foreign) at a huge cost to the taxpayers.

5. India/GoG funded Speciality Hospital – the government gave

a contract to Fedders Lloyd (VP Ramjattan was its lawyer) without going to tender at a price yet unknown and in violation of the procurement laws. Despite public outcry, the government refused to terminate the contract for the Speciality Hospital. The company was delisted by the IDB and the Indian government and Eximbank withdrew the money for the loan. There has been no disclosure as to how much Fedders Lloyd was paid and what work had been done when the company was delisted and the project halted.

6. The first act of the government was to give themselves enormous salary increases between 50 -100 % of what the former government ministers received. This was quietly done in September 2015 and the parliamentary opposition had to wage a struggle in Parliament to bring a motion to reverse this. When the motion was finally heard in December, it was defeated by the government’s one-seat majority. It should be remembered that the media, having leaked the fact that the government was embarking on increasing the salaries of the President, VPs and Ministers, Minister Trotman, on behalf of the government, denied that the government was contemplating any salary increases for the Ministers. This was also denied during the debate on the 2015 Budget in August 2015. Having gone into recess mid-September, the government stealthily published Order No. 6 of 2015 in the Official Gazette, dated September 25th, 2015, increasing their salaries and making it retroactive to July 1, 2015. Contrast this act with the government’s refusal to increase the salaries of the public servants in accordance with their campaign promises.

7. Durban Park Development Project for the Jubilee celebrations - The government has refused to provide information on the “private company,” which was in charge of the preparations of the Durban Park prior to the Ministry of Public Infrastructure’s “take over” of the project on the orders of the President.

It is estimated that the costs, when finally exposed, will be close to $1Billion - for a one-day event.

8. The President pardoned over 100 convicted felons in 2015 and stated that this would be done annually. He promised that these would be felons with non-violent crimes and juvenile offenders. In fact, this was not true. A number of these persons had been sentenced for violent crimes and a number of them are back in prison.

9. The Rudisa case at the CCJ and the pay out to Rudisa - The APNU and AFC, while in Opposition, twice caused the defeat in the 10th Parliament of attempts by the PPPC government to amend the Customs Act in order to pre-empt the case going to the CCJ and save the country millions of US dollars. The APNU+AFC Coalition government settled to repay the entire amount of the Rudisa USD$16M claim without any negotiations for a debt repayment schedule and despite the fact that the company owed and appears to still owe millions of dollars in taxes to Guyana. The first payment was made late last year and the second budgeted for in the 2016 Budget.

10. Hundreds of millions of dollars spent by the Government and the Georgetown Mayor and City Council on the “Clean Up Campaign” in the city with no public tendering and handpicked companies. In some cases, new companies were created with no experience to facilitate this corruption. There has been no accountability of the amount of monies spent and the Mayor and Town Clerk have rebuffed efforts to allow the Auditor General’s office to do a forensic audit.

11. The write off of debts owed to the Guyana Revenue Authority (GRA) and the nation by DDL worth billions of dollars (April 2016). If DDL had not issued a press release announcing the write off, this would not have been known.

12. Other write-off of debts by the GRA for other companies who financed the APNU+AFC Coalition electoral campaign, worth hundreds of millions of dollars. Minister Trotman said these companies have to be compensated for their financial investment.

13. Following the March 18, 2016 Local Government Elections, Minister Bulkan in violation of the statutes governing the local government system, appointed the Mayor and Deputy Mayor, and the 5 Chairpersons and vice chairperson of the 5 NDCs in the 6 tied LAAs. All of these persons were APNU, although there was a plurality of votes in 3 of the 6 tied LAAs for the PPP and 3 for the APNU+AFC. 14. W r i t e - o f f s b y t h e APNU+AFC dominated Georgetown Municipal Council to many companies for millions of dollars owed in rates and taxes for undisclosed amounts. This is a City Council that is now cashstrapped and cannot pay contractors for garbage collection nor timely payment of salaries of its employees. The cost to the Treasury of these write offs by the GRA, the Georgetown City Council and other Local Authority Areas alone earmarked in this list of scandals is estimated to be between 23% to 36 % of the total 2016 Budget.

15. Parking meters contract with no public tendering, no involvement of the Georgetown City Council, no consultation with the citizens – the scandal deepens, even as the APNU+AFC Georgetown Mayor is being advised to do some damage control by attempting to amend the 49-year contract and make it less embarrassing for the government.

16. The three-year Pharmacy Bond contract between the Ministry of Public Health and the Linden Holding Company was not tendered for by Minister Dr Norton’s own admission on the floor of the National Assembly.

The PPP/C will be submitting its motion of privilege, calling for the Speaker to send the Minister of Public Health to the Privilege Committee for wilfully misleading the National Assembly and the nation.

17. The GoG/BK International settlement of $1.17 B for Haags Bosche - The Ministry of Communities’ settlement of $1.17B to BK International for the Haags Bosche project came to light as a result of a Supplementary Financial Paper on August 8th where the country learnt that this settlement was made and

20

WEEKEND MIRROR 2-3 MARCH, 2019

Corruption, breach of financial laws, spending irregularities and more….

APNU+AFC gov’t has racked up over 55 scandals since taking office would be paid in three tranches, even though the court did not award costs to BK Int’l.

The government paid BK Int’l the first third of the payment in January 2016, which begs the question - where did this money come from? It was not provided for in the 2015 budget, nor was there any SFP in the interim nor in the 2016 Budget or since to cover this first payment of G$500M. The August Supplementary Financial Paper covers the payment of the second tranche of $501M to BK int’l from the Consolidated Fund.

The third payment the Minister stated would be reflected in the 2017 budget. This is a scandal like the RUDISA and the DDL write offs. Interesting and of note is that BK International is being paid the entire $10M USD for the contract though BK Int’l only worked for 3 of the 5 years of the contract at substandard work. The PPP/C government had terminated the contract due to substandard work and delays.

Ministers Bulkan and Patterson late 2015 both publicly stated that BK Int’l had done substandard work on the project!

18. Two fuel scandals relating to the issuance of fuel licenses for the importation of fuel to companies that are made up of persons related to top officials or who are top officials themselves in the government, who have no fuel bonds, no storage facilities and no offices. The withdrawal of the fuel importation license to the Chinese company, which has invested millions of US dollars for storage facilities, appears to have been calculated to make room for these alternative importers. In August the second set of fuel licenses came to light regarding licenses issued to Dr. Van West Charles, CEO and other officials in GWI under a private company. It should be noted that an applicant for a fuel license has to acquire an Environmental Impact Assessment (EIA) and 4 additional licences - provision of a bond under detailed specifications, transportation, storage, importation, and restrictions on where fuel storage can be located. It normally takes a long time for an applicant to obtain all these licenses---impossible to do so in 9 months. The licenses were issued in the month that Van West Charles became CEO GWI and,

therefore, he had ample time to remove himself from the company. At a parliamentary opposition weekly press briefing several months ago, this gentlemen’s role in soliciting donations for pipes for the wells in Region 9 was exposed. It was reported that the Brazilian contractors hired by GWI to dig 8 wells in the Rupununi region were unable to pay their workers as they allege that GWI is not paying them (the contractors).

19. Consistent and frequent violation of the Procurement Act by line ministries - e.g, the Minister of Agriculture admitted that the MOA nor the NDIA had gone out to tender for works totalling $234M due to emergency works for El Nino and flooding in regions 2, 3, 4, 5, 6, 8 and 10. In fact, these monies should have been provided for in the Supplementary Financial Paper # 2 of 2016 for the Consolidated Fund.

20. Requests for information during questions to Ministers and questions during the debate on the two Supplementary Financial Papers on August 8th revealed that the government ministers’ will not release contracts unless they have the permission of the other person/ company/ party to the contract.

This is unheard of and a violation of the role of the legislature under the constitution to hold the government accountable.

21. Undermining the judicial process- the establishment of a Presidential Tribunal to inquire, investigate and recommend whether Carvil Duncan, Chairman of the Public Service Commission, should be removed from office for inability to discharge his duties. Since the charges against Mr Duncan are still pending before a Magistrate of the Georgetown Magistrate’s court, the establishment of this tribunal is premature, pre-emptive and repugnant to the very “due process” to which the President says that his Administration is committed.

22. Auditor General’s special audit of GECOM expenditure in 2015 prior to the general and regional elections—this is on-going, with the use of sole sourcing by the GECOM estimated to amount to $700M in the months prior to the May 2015 elections. However,

unlike other investigations where the heads were sent on administrative leave such as the Head of NICIL, Head of the NDIA, PS of the Ministry of Legal Affairs, head of the Public Hospital Georgetown, to name a few, this CEO has not been sent off on administrative leave.

23. $240M spent on refurbishing the Kitty Market. Photographic evidence exposes the corruption

by City Hall. There are no scope of works, estimates, etc that is available and the project was not put to tender as the city has hired the workers and is implementing the works itself. This project is still not completed.

24. The awarding of the contract for boxed juices for the school feeding programme to a Surinamese beverage company owned by RUDISA that was not the lowest or even the second lowest bid.

The impact on the local farmers and manufacturers will be felt.

DDL has come out publicly to criticise this, so too, has another company Guyana Beverages.

25. Award of the contract for quarry stone to a Surinamese company for the CJIA will have tremendous impact on the local quarries. Toolsie Persaud, one of the stone producers, has protested. There is more to come to light on this issue and this we have earmarked an emerging scandal where government needs to provide answers.

26. The discriminatory dismissals of hundreds of employers in the public service and in the state entities on the basis of their ethnic and assumed political affiliation which started in June 2015 is continuing unabated.

27. Some $1.64B was spent regionally on health, plus an additional added $2.5B that was spent on pharmaceuticals and medical supplies at the Georgetown Public Hospital (GPHC) without tender – a massive total $4.17B that was spent by the Coalition Government in breach of the procurement rules.

28. Not satisfied with the huge increases in salary and benefits, some Ministers are greedy and the reports of paying off Ministers for licenses, contracts etc., is astounding. The government has got into the habit of putting

out tenders in the press and then cancelling them repeatedly until their chosen contractor wins the tender.

29. Chicken importation licenses to non-existent/ non-registered companies as well as another company in the name of the CEO, GWI, Van West Charles.

30. The Removal of 6,000 solar panels purchased for the Hinterland Household Electrification Programme and re-allocating them for use at the Ministry of the Presidency and State House.

31. The Wind Farm project being done by Lloyd Singh, an AFC financier. Minister Trotman has said that it is “payback time for one of their election financiers”.

32. Antinfek in drinking water purchased by GWI without tender and without warnings of the health hazard by a CEO who was employed for years by the PAHO. Only after questioning by the Opposition in the National Assembly has the government provided minimum disclosure.

33. Contract for GPL Prepaid meters, awarded after 3 re-tenders to a contractor whose bid was the highest of all bids; in fact, $ 1 B more than engineers’ estimate.

34. Contract for the Water treatment plants- tenders cancelled twice before finally being awarded to their preferred contractor, who was higher than the other tenders.

35. Tendering for the GOG/ IDB Sheriff St road project was repeatedly done and no awards made until we lost that part of the IDB loan of $20M USD while at the same time paying penalty fees.

36. Procurement of drugs and medical supplies, in breach of procurement laws.

37. Consistent and on-going violations of the Procurement Act, financial rules and the Fiscal Management and Enactment Act are pervasive. The most recent examples were exposed during the August 3, 2017 debate with regard to funds for the State Assets Recovery Agency and constitutional bodies including the Public Procurement Commission and the Public Service Appellate Tribunal.

21

WEEKEND MIRROR 2-3 MARCH, 2019

Corruption, breach of financial laws, spending irregularities and more….

APNU+AFC gov’t has racked up over 55 scandals since taking office

38. The on-going saga of the Durban Jubilee Park. It is estimated that expenditure has reached $1.5 B. Auditor General Deodat Sharma aims to wrap up his special audit into the controversial Durban Park Project before the end of the year even if he does not receive certain financial records which appear to be missing. Mired in controversy, millions more are being spent in preparation for the flag raising ceremony to mark Independence.

39. Contract for CCTV cameras for the Ministry of the Presidency- not delivered and paid for since 2015. The company has been declared bankrupt. So where is the taxpayers’ money?

40. Purchase of the Prime Minister’s SUV- bullet proof, latest model, extraordinary extravagance for a poor developing country. Noticeable is the acquisition of a fleet of new vehicles for every Minister yet many have not been budgeted for in the annual budgets.

41. Secret COI targeting constitutional rights commissions, in particular the Public Service Commission and the Ethnic Relations Commission. This is a form of intimidation. No report available.

42. President’s instruction to the Police Service Commission to halt police promotions in contravention of the constitution.

43. The COI into the Police with regard to the way it investigated the intention or plot to assassinate the President. The real plot behind this move appears to be the decapitation of the Guyana Police Force leadership. The President’s instruction to the Police Service Commission to halt these promotions appears to give credence to this theory.

44. The Georgetown Prison Camp Street Jailbreak and fire on July 9, 2017 and the Lusignan escapees coming after the March 2016 riots and fire that lead to 17 inmates being burnt to death. The COI of the March 2016 prison disturbances and fire has been kept secret but more evidence coming to light indicate that the government did not act on those recom-

mendations, including the establishment of a multi-agency multi-sectoral body being appointed by the President to implement the recommendations. Budgetary allocations for the Prisons, especially capital works to increase the inmate accommodation at the Mazaruni Prison in the 2016 budget was unspent and rolled over to 2017 and as of July 2017 these works are still not complete. The new request for $753M appropriated in Parliament on August 3 2017 cannot account for $ 153 M requested.

45. The Amendments to the Broadcasting Act passed in the National Assembly by the one seat majority government are an infringement on the f r e e dom of expression and freedom of the press. Despite public appeals to the President by reputable international organizations such as Reporters Without Borders and the International Press Institute as well as denunciations by the Guyana Press Association, private sector, broadcasters, civil society, and the Parliamentary Opposition, the President as of August 17, 2017 denied requests to defer his assent and hold consultations.

46. The Commission of Inquiry into Lands – communal, joint and individual lands and any other lands – with specific focus on Amerindian land titling and land of Freed Africans.

There was no prior consultation with the National Toshaos Council (NTC) or any Amerindian communities on the establishment of this COI. The NTC, five Amerindian non-governmental organizations and the Parliamentary opposition protested the appointment of this COI as it threatened Amerindian land rights which are enshrined in the constitution and in the Amerindian Act. The Parliamentary Opposition brought a motion in parliament calling on the President to revoke the COI or at least the component which is treating with Amerindian land titling which was defeated by the government’s one seat majority. The government 4 months after it established the COI held its first consultation with the NTC. This COI is a recipe to drive rifts and strife between different ethnic groups

in the country.

47. Repossession of lease and transported lands and property - the revocation of 30 MMA farmers leases by the President, the Central Housing and Planning Authority ( CHPA) repossession of transported houses and land and its CEO’s recent renewed threats to take away land from private developers are all unconstitutional.

The judiciary in early August 2017 ruled that the President’s revocation of the leases of the farmers in the MMA was unconstitutional. In another instance the court issued a conservatory order to prevent the government from seizing and taking possession of the Cheddi Jagan Research Centre until case is properly heard.

48. Rental of residences for Ministers- $500,000 each to 2 junior Ministers and one Minister $ 1.5 M. This has been exposed in detail in the media and by members of civil society and the Parliamentary Opposition.

49. The appointment of the Chairman of the GECOM in violation of the constitution and the ruling of the Chief Justice.

50. The US$18M signing bonus from ExxonMobil placed outside of the Consolidated Fund.

51. Painting state properties in APNU colours.

52. Reduction of constitutional bodies budgets 2016, 2017, 2018 in violation of the 2015 amendment to FMA Act. These scandals, not limited to this list, have been uncovered and expose a level of corruption and discrimination that has not been seen since the Burnham era.

53. GPL and their contract with state created and owned Power Producers Distribution Inc. (PPDI) has inspired questions and raised concerns since GPL’s payments to PPDI are higher than those made to Wartsilla – yet there are unresolved electricity problems, including as it relates to the reliable supply of power.

54. Sole-sourcing of $366.9M in emergency drugs in June 2017 has once again brought

into question decisions by the Ministry of Public Health, as documents reveal that a company, HDM Labs was handpicked over three others that went through tendering and were declared to have failed the evaluation process. The company is owned by a supporter of the APNU+AFC Coalition Government.

55. Government has borrowed $30B G from a joint banking and commercial consortium led

by Republic Bank, for GUYSUCO’s remaining estates at 4.75 % interest rates. The members of the consortium are unknown and the terms and conditions of the loan are also unknown.

56. The contract for a foreign company to rebuild Camp St prison was announced by Minister Khemraj Ramjattan during the 2018 Budget debate and media stated that no one tendered, this also remains secret and no funds are allocated in 2018.

57. The PPC completed its investigation and handed its report over on August 7, 2018, to Teixeira, who has written to the PPC on the matter in 2017.

The report 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.

What is clear, to date, is that the APNU+AFC Coalition government has no regard for the promised transparency and accountability, and is prepared to undermine and even violate the procurement and financial laws of this country, as well as other constitutional provisions and statutory provisions.

22

WEEKEND MIRROR 2-3 MARCH, 2019

City Hall forfeits grant from US Embassy A

grant the repair of the Stabroek Market clock, which was provided by the United States Embassy in Guyana, has been forfeited.

Under former Mayor,

Patricia Chase-Greene, the Mayor and City Council had submitted a proposal for the rehabilitation and upgrading of the Stabroek Market Clock in January 2016 to the US

Embassy.

A grant in the sum of US$41,000 was approved by the United States Embassy in Guyana. However a cheque of US$10,000 was given to the City

Treasurer’s Department.

In the meanwhile, questions about accountability and transparency, relative to a number of other issues, at City Hall remain unanswered.

More costly approach being used for maintenance of closed estates

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he Guyana Sugar Corporation (GuySuCo) is reportedly spending millions of dollars to maintain the four sugar estates, which were closed by the APNU+AFC Coalition Government.

In a recent ‘Invitation for Bids” published in a section of the media, the sugar corporation for excavator operators to undertake works at the four estates. The bid invitation is asking for suitably qualified and experienced bidders to undertake the provision of labour to

that certain staffing had to be retained for the closed estates. The closed estates are expensive and valuable assets which still remain properties of GuySuCo and the Government and, are assets that belong to the people. “…closure should never have meant abandonment.

Maintenance work had to be preserved for more than one reason. Firstly, the closed estates represent properties which have value and that value can only be preserved if the properties were main-

“Maintenance work had to be preserved for more than one reason. Firstly, the closed estates represent properties which have value and that value can only be preserved if the properties were maintained. Instead, the Ministry of Agriculture and GuySuCo’s Board and management walked away from the estates, with a posture of abandonment.”

– Former Agriculture Minister, Leslie Ramsammy operate GuySuCo’s excavators at the Wales, East Demerara, Rose Hall and Skeldon estates.

Former Agriculture Minister, Leslie Ramsammy, contends that the APNU+AFC Coalition Government erred by failing to preserve a crew for maintenance work at the estates, a move which angered him since there were experienced excavator operators who were dismissed.

These operators, he stated, were among thousands of sugar workers who lost their jobs and are now experiencing difficulties providing for their families.

He said, “It exposes the ineptitude of the Board and the Management of GuySuCo and the Ministry of Agriculture for not recognising

tained. Instead, the Ministry of Agriculture and GuySuCo’s Board and management walked away from the estates, with a posture of abandonment. This is not just another example of ineptitude and mismanagement, this is misconduct in office.”

According to him, the drainage and irrigation (D&I) workers in these estates should have been kept because while the estates were closed. He added that GuySuCo is not trying to hire persons who are experienced in operating excavators, but is seeking to contract a bidder who will then provide operators for GuySuCo’s excavators. This, he pointed out, would mean a more costly mechanism for excavator services in the closed estates.

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WEEKEND MIRROR 2-3 MARCH, 2019

APNU+AFC gov’t forcing fictions on the Guyanese people

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fter three years since taking office, the APNU+AFC Coalition Government, published a list of 231 so called ‘achievements’ in May 2018.

However, a close look at the list, revealed Government’s desperation in trying to find ‘successes’. For example, the Government claimed “lower electricity rates” as an achievement, but listed this one point at least two times in the list of 231. A second example shows that the

1. FICTION: Four Budgets in three years FACT: All four budgets introduced policies that negatively impacted working class Guyanese and the productive sectors. Over 200 new taxes and fees were introduced. Others were increased astronomically.

4. FICTION: Youth skills training provided through BIT, HEYS FACT: The BIT is a PPP/C initiative. HEYS was introduced by the APNU+AFC Government, then the decision was made to scrap it.

Notably, HEYS had replaced the Youth Entrepreneurship and Apprenticeship Programme (YEAP), which was an initiative under the former PPP/C government. When the Coalition Government took power, the 1972 Amerindian community service officers who were part of the YEAP programme were fired.

7. FICTION: Created over 5000 jobs FACT: Since May 2015, over 25,000 Guyanese have lost their jobs. Government’s claim of creating over 5,000 jobs has been challenged. To date, the APNU+AFC Coalition Government has not responded and has not said where these 5,000 jobs were created.

10. FICTION: State Assets Recovery Unit set up FACT: SARA did not legally exist until May 2018.

The State Assets Recovery Act was only assented to by President David Granger on May 4, 2018 – over one year after it was passed in the National Assembly by a government majority, despite objections voiced by the Parliamentary Opposition.

As such, queries have been raised about SARA’s operations prior to Granger’s move to assent to the SARA Act – specifically as it relates to how monies were allocated to the State Assets Recovery Agency for the year 2018 Budget to acquire an office at Lot 56 Main and New Market Streets, SARA letterhead, staff, etc., prior to that date (May 4, 2018), when the agency did not legally exist?”

APNU+AFC Coalition claimed the work of private companies as their own success, when it listed “4G internet” in its list of 231. The work to bring better internet services to the Guyanese people was done by the private telecommunications companies.

This week, the Mirror, by simply looking at 30 of the Government’s claims, will expose the FICTIONS peddled by the APNU+AFC Coalition Government and will detail the actual facts.

2. FICTION: $50,000 Christmas Bonus in 2015 and $25,000 Christmas Bonus in 2016 FACT: No attention has been given to increasing the salaries of public servants – teachers, policemen, nurses, etc. since the APNU+AFC Government took office. The two bonuses were one-off payments for only two years.

5. FICTION: Sugar industry right-sized fo5r self sufficiency through diversification FACT: There have been no efforts in the direction of diversification. While government said it has “right-sized” the sugar industry, all it did was close down major sugar estates – leaving thousands of sugar workers on the breadline – in the worst mass firing in Guyana’s history.

3. FICTION: Training opportunities for GuySuCo workers FACT: No substantive support has been given to the 7000+ sugar workers who were fired by the APNU+AFC Coalition Government. Government’s unwillingness to support the sacked sugar workers has been evidence in the fact that the government broke the law and did not pay the workers their full severance. It was seen again when Government refused to say if was informing the sacked sugar workers that millions were available under the Sustainable Livelihood and Entrepreneurial Development (SLED) programme, which is supposed to provide financial support for entrepreneurial ventures and create income-generating opportunities, etc.

6. FICTION: Reduce the sugar industry dependence on the national coffers

FACT: There has been no move in this direction, not even the start of a feasibility study to assess such a plan.

FACT: The sugar industry’s dependence on the national coffers has not been reduced. In fact the national treasury is exposed with the borrowing of $30B, via bonds issued at 4.75 per cent, since the borrowing has been backed by a government-guarantee.

11. FICTION: Special organized Crime Unit operational

9. FICTION: Lower Electricity rates

FACT: Three years of being operations under the APNU+AFC Coalition Government, not a single case against money launderers has been advanced. SOCU has only been involved in cases filed against former government officials, one of which has already been thrown out of the courts. Also, in the case SOCU brought against GBTI, the expert witness fielded by the Unit was also rejected by courts, which ruled that the ‘expert’ was in fact ‘no expert’.

SOCU has been involved in a number of controversial operations. These include the high-profile car chase of the wife of a People’s Progressive Party/ Civic (PPP/C) Member of Parliament (MP), which resulted in the death of Guyana Defence Force (GDF) Sergeant Robert Pyle and his wife Stacy, along with another civilian in a smash-up on Carifesta Avenue in December 2015 – an incident that remains the subject of many unanswered questions.

The Unit’s establishment was part of Guyana's international obligations to strengthen its Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) framework and was intended to support the Financial Intelligence Unit (FIU). The mandate of the SOCU, as acknowledged in the protocols, is to address investigations, detection and preparation of criminal investigative reports and case files for prosecutions of financial crimes, including money laundering and the financing of terrorism. Little to nothing has been done by SOCU, under the current APNU+AFC Government, which fits the reason for SOCU’s establishment.

FACT: Electricity rates were subject to Value Added Tax (VAT) in 2017, meaning that electricity costs were increased, not lowered.

8. FICTION: Plans to bridge Essequibo River

12. FICTION: Outstanding court settlement paid FACT: Court settlements have been subject to intense questioning, as it relates to the how these settlements were reached. The last big court settlement related to the Demerara Distillers Limited (DDL) matter. The sum owed by DDL, according to the GRA assessment, was $5.392B from 2001 to 2006. The settlement saw DDL paying only $1.5B and also writes off all possible liabilities in respect of Excise Tax up to March 9, 2016. Since then, Banks DIH has filed a case against the Coalition government, saying that DDL was given special treatment. In the meantime, several questions asked about the DDL settlement remain unanswered. The questions asked include: Was an assessment of DDL’s liabilities in respect of Excise Tax for the period 2006 to 2016 done and what was the sum of that liability?; Who negotiated the settlement?; Is it legal? Was the settlement approved by Cabinet or the Board of the GRA?; On what principles was the sum of $1.5B arrive at? And How many other deals have been concluded or are being negotiated?

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WEEKEND MIRROR 2-3 MARCH, 2019

APNU+AFC gov’t forcing fictions on the Guyanese people 13. FICTION: New Guyana Election Chairman appointed FACT: The 84-year-old GECOM Chairman was unilaterally and un-constitutionally appointed, in breach of 25 years of practice and common understanding of the constitutional procedures that have to be followed for such an appointment to be made.

14. FICTION: The establishment of three new towns FACT: The towns were established without consultation and in some cases encroached on titled Amerindian Lands in breach of laws --and showing that the APNU+AFC Coalition Government has no qualms about breaking the laws of Guyana.

15. FICTION: Improved education attainment FACT: The 2017 Country Report on Human Rights Practices in Guyana – released by the United States of America’s (USA) State Department – underscores a major failure of the APNU+AFC Coalition government. Page 11 of the 207 report states that: “The standard of living in indigenous communities was lower than that of most citizens, and they had limited access to education and health care.”

In contrast, the 2015 Country Report on Human Rights Practices in Guyana, on page 14, said: “All indigenous communities had primary schools, and as of 2012, there were 13 secondary schools in remote regions. All indigenous communities had school dormitories that housed students at government’s expense. Government programmes trained health workers, who staffed health facilities in most communities.”

16. FICTION: Free transportation for school children FACT: A total of $1.7B was taken away from public schools when the $10,000 cash grant was scrapped. The APNU+AFC Coalition Government says it has provided buses, but these do not serve all public school children. The cash grant was given to every public school child.

17. FICTION: Provision of medical equipment FACT: Shortages continue to be reported. And with the dust barely settled over the $632M drugs and medical supplies procurement scandal, sole-sourcing of $366.9M of drugs and medical supplies in 2017 has once again brought into question decisions by the Ministry of Public Health – and the likely of increasing corruption at that Ministry. As was the case with the spending of $605M, the Ministry – headed by Volda Lawrence – claims that the spending of the $366.9M was to cover emergency expenditures. Documents revealed that a company, HDM Labs Inc. – owned by a supporter of the APNU+AFC Coalition Government – was handpicked over three others that went through tendering process.

18. FICTION: De-politicized the National Toshaos Council FACT: The NTC is not a political body. It is the elected body that represents Amerindians in Guyana. As such, claims of de-politicizing the NTC have been viewed as APNU+AFC rhetoric.

19. FICTION: Extended the Amerindian Land Titling (ALT) programme FACT: Not a single Amerindian village has received a land title under the APNU+AFC Coalition Government. Minister of Indigenous Peoples Affairs, Sydney Allicock, admitted that he failed to do any work with the ALT programme, which gave the indigenous people legal rights to their communities. “I have not been able to title any village,” Allicock had said in May 2018.

Notably, after taking office, the Coalition Government, sent home the entire unit dealing with the Amerindian Land Titling programme. The Project Management Unit was ben established in June 2014 to support the implementation of the project.

A total of US$10.7M was earned by the former People’s Progressive Party/ Civic (PPP/C) government and left for the purpose of completing the ALT programme.

20. FICTION: Piracy smashed FACT: Less than two months ago, a piracy attack led to several deaths of local fishermen.

The bodies of some of the fishermen have still not been found.

21. FICTION: Major criminal gangs smashed, members prosecuted FACT: There has been no such report. Also, no cases in Guyana’s court have substantiated this claim.

22. FICTION: Crime rate down FACT: As of June 2018, a whopping 304 cases of robbery under arms, where firearms were used, were recorded at the end of June 2018, marking an increase compared to last year. Another 116 cases of robbery under arms, where other instruments were used, were also recorded for that month. There were also 28 other cases of robberies, as well as 73 cases of robbery with violence. Robbery with aggravation cases numbered 30. Larceny from persons numbered 62, while burglary cases totaled 112 and break an entry with larceny totaled 498. In total these cases numbered 1,223. There were 44 murders. The APNU+AFC Coalition Government continues to come in for criticisms over its inaction to address the current crime rate.

23. FICTION: Establishment of the Department of Environment FACT: There is no Department of Environment as of July 2018.

24. FICTION: Freedom of the Press restored FACT: The Guyana Press Association has blasted Coalition gov’t over ‘unmistakable’ signals of Executive control since it took office.

The Association cited other acts that include: The continued role of the Director of Public Information as Chairman of the Board of Directors of the Guyana National Newspapers Limited, publishers of the Guyana Chronicle; Direction from a senior government Minister on coverage of his office to the Editor- in-Chief; Direction being given to the Chronicle for stories sent for his approval once it has to do with his office or the PNC, the main party in the governing Coalition; and weekly meetings of the Prime Minister with senior executives of the state media.

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WEEKEND MIRROR 2-3 MARCH, 2019

APNU+AFC gov’t forcing fictions on the Guyanese people 25. FICTION: Constitutional Reform process initiated

27. FICTION: Code of conduct for public official completed

FACT: There has been no progress on the issue of Constitutional Reform.

FACT: There is no Code of Conduct in place.

A draft was proposed and was met with widespread criticisms. Even the Transparency Institute Guyana Inc. said government’s proposed code of conduct is still deficient in many respects. The body expressed the view that the “lack of specificity appears as low commitment to integrity in public office” and it can ultimately impede the effectiveness of the Code and erode public confidence.

26. FICTION: Improved transparency FACT: The APNU+AFC Coalition Government has been criticised as failing to honour of the promise of transparency. Among the untruths told by the government to the Guyanese people is the fact that Guyana did not receive the US$18M signing bonus from ExxonMobil. This lie was told for over a year to the Guyanese people, despite the fact that questions about the signing bonus were asked. Finally, documents leaked to the media, exposed the Government lie

a recent news conference.

He charged that

28. FICTION: Family Court opened FACT: The Family Division of the High Court began hearing cases since May 6, 2016. The Family Court was a PPP/C initiative. Before the APNU+AFC Coalition Government took office, the Family Court building was completed and handed over to Government.

29. FICTION: Successful gun amnesty programme FACT: During the amnesty for unlicensed firearms in 2015, scores of Amerindians handed in weapons used to protect their cattle and crops and support their livelihoods, with the promise of receiving licences. The APNU+AFC Coalition Government delayed the return to April 2018 and has now delayed it again, until the end of July 2018.

This failure to deliver in a timely manner on a promise made has prevented the amnesty programme from being deemed a success.

30. FICTION: A new drugs procurement system introduced FACT: Health Minister, Volda, Lawrence had stated revised drug procurement system which will bring resolution to the ongoing drug shortage throughout the country is expected to be implemented by the month of June 2016. It is now July 2018.

After taking office, the APNU+AFC Coalition Government scrapped the old method used to procure and deliver drugs and medical supplies across Guyana, despite the fact that it worked.

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WEEKEND MIRROR 2-3 MARCH, 2019

Despite promise….

ExxonMobil increases its Still no report on ERC reserve numbers probe into GECOM’s E hiring practices xxonMobil Corporation, on Tuesday (February 26, 209), disclosed that it added 4.5 billion oil-equivalent barrels of proved oil and gas reserves in 2018, replacing 313 percent of the year’s production.

ExxonMobil’s proved reserves totaled 24.3 billion oil-equivalent barrels at year-end 2018. Liquids represented 64 percent of the reserves, up from 57 percent in 2017.

“We continue to add high-value, attractive assets to our portfolio that have positioned the company for long-term growth,” said Darren W. Woods, ExxonMobil chairman and chief executive officer. “Our unique strengths, integrated businesses and technical expertise continue to grow value for our shareholders.”

ExxonMobil’s reserves life at current production rates is 17 years. Over the past 10 years, ExxonMobil has added proved oil and gas reserves totaling approximately 17 billion oil-equivalent barrels, replacing 108 percent of produced vol-

umes, including the impact of asset sales.

Consistent with SEC requirements, ExxonMobil reports reserves based on the average of the applicable market price on the first day of each calendar month during the year. As a result of higher prices in 2018, about 3.6 billion oil-equivalent barrels, including volumes at the Kearl oil sands development in Canada, qualified as proved reserves additions at year-end.

During 2018, proved additions from unconventional plays totaled approximately 1.2 billion oil-equivalent barrels. Significant additions in the Permian Basin are supported by ExxonMobil’s growth plan including increased drilling activity and infrastructure development.

A downward revision of approximately 800 million oil-equivalent barrels in the Netherlands was as a result of an agreement with the Dutch government to curtail production at the Groningen field.

Reserves additions reflect new developments as

well as revisions, including price impacts, and extensions of existing fields resulting from drilling, studies and analysis of reservoir performance.

ExxonMobil added 1.3 billion oil-equivalent barrels to its resource base in 2018 through by-the-bit exploration discoveries and strategic acquisitions, primarily in Guyana and Brazil.

The resource base includes proved reserves, plus other discovered resources that are expected to be ultimately recovered.

“Multiple new discoveries offshore Guyana, continued growth in the Permian Basin and a strategic acquisition in Brazil greatly enhanced our already strong portfolio of high-quality, low-cost-of-supply opportunities,” said Woods.

The annual reporting of proved reserves is the product of the corporation’s long-standing, rigorous process that ensures consistency and management accountability in all reserves bookings. (Adapted from Business Wire)

Minibus passengers busted with almost 2,000 grams of weed

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ast month, the Chairman of the Ethnic Relations Commission (ERC), Rev. Dr. Oswald Smith, has disclosed that the probe into the hiring practices of the Guyana Elections Commission is almost complete. “The report is coming in soon,” he told the Mirror Newspaper when asked.

However, a month later and the report has still not been submitted.

The ERC had set up a special investigative team following a complaint lodged by the three People’s Progressive Party (PPP)-nominated GECOM Commissioners appointed by the Opposition. The team is headed

by Retired Justice, Stanley Moore and includes Human Resources Consultant, Jairam Petam and former Deputy Commissioner of Police, Lloyd Smith.

The three-man team was initially given a period of three weeks, by the end of October 2018, for the completion of the investigation and submission of a report.

COMPLAINT The three PPP-nominated Commissioners, in a joint complaint letter, called for a full investigation on the hiring practices at GECOM. The Commissioners charge that the state of affairs is “clearly indicative of a larger issue at the Guyana Elections Commission, which has

an adverse effect on ethnic relations and harmony in Guyana.” The three Commissioners called for the inquiry to be done, at the earliest opportunity, and for the ERC’s report be made public.

The PPP/C nominated Commissioners noted that the ERC has the mandate to conduct the inquiry as requested, pursuant to Article 212D (a) (d) and (p), of the Constitution.

The call for an investigation came after the topranked candidate applying for the post of Deputy Chief Elections Officer (DCEO) was passed over for the post.

CONTROVERSIAL APPOINTMENT In June 2018, the three Commissioners - Robeson Benn, Sase Gunraj and Bibi Shaddick – walked out of a meeting after GECOM Chairman, Justice (rtd) James Patterson, exercised his casting vote to support the PNCR-nominated Commissioners’ rejection of the top ranked candidate, Vishnu Persaud. As a result of his casting vote, the way has been paved for the second-ranked candidate, Roxanne Meyers, to be offered the post of DCEO. Myers has no election management experience.

She has been linked to PNRC-nominated Commissioner, Vincent Alexander, since at one point she was a

student of his. She has also exposed herself as an avid supporter of the APNU+AFC Coalition government, given her social media posts. As such, critics have said that Myers’ ability to function in an impartial manner is in question.

Notably, Persaud was not only the top-ranked candidate for the post of DCEO, but he served as DCEO for several years too. He was appointed as DCEO at GECOM on August 12, 2014. In 2014, when Persaud was appointed, PNCR-nominated Commissioner, Vincent Alexander, made no objection, when there was a vote on whether or not he should be appointed to the post. Persaud was forced to re-apply for the job he held because his contract ended and could not be renewed, given that there was no functioning Commission.

The Commission had dissolved after the resignation of former GECOM Chairman, Dr Steve Surujbally.

Before being appointed as DCEO in 2014, Persaud was at GECOM since 2001.

The ERC is a constitutional body established under the Herdmanston Accord.

It works with persons and agencies to promote harmonious ethnic relations. The Commission also deals with complaints, promotes training in racial harmony, and fosters a sense of security, among all ethnic groups.

Chief Elections Officer falls ill

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wo persons were busted by ranks with a quantity of cannabis.

The passengers were on their way to Georgetown from Berbice when the minibus in which they were travelling was stopped at Weldaad Police Station, West Coast Berbice.

Based on a tip off, the two passengers were searched during which 1,986 grams of the illegal substance was unearthed.

As such, they were taken into to police custody and charges are expected to be laid shortly.

he Guyana Elections Commission (GECOM) Chief Elections Officer (CEO), Keith Lowenfield, has fallen ill; although the cause of his illness is unclear.

Opposition-nominated GECOM Commissioner, Sase Gunraj, disclosed that the Commissioners were informed that Lowenfield is on one-week sick leave.

With Lowenfield off, the Deputy Chief Elections Officer, Roxanne Meyers, is expected to be the functionary that is likely to ‘hold

the fort’.

However, confidence in her capabilities is not high.

In June 2018, the three Commissioners - Robeson Benn, Bibi Shaddick and Gunraj – walked out of a meeting after GECOM Chairman, Justice (rtd) James Patterson, exercised his casting vote to support the PNCR-nominated Commissioners’ rejection of the top ranked candidate, Vishnu Persaud. As a result of his casting vote, the way has been paved for the second-ranked candidate, Rox-

anne Meyers, to be offered the post of DCEO. Myers has no election management experience.

She has been linked to PNRC-nominated Commissioner, Vincent Alexander, since at one point she was a student of his. She has also exposed herself as an avid supporter of the APNU+AFC Coalition government, given her past social media posts.

As such, critics have said that Myers’ ability to function in an impartial manner is in question.

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WEEKEND MIRROR 2-3 MARCH, 2019

David Ramnarine leaves Police Force

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fter serving in the Guyana Police Force (GPF) for well over 27 years, former acting Top Cop David Ramnarine has left the Force.

His move comes some five months after he was overlooked by President David Granger for appointment as Police Commissioner or even Deputy Commissioner.

The 49-year-old cop requested early retirement from the Police Force and it was granted.

So far, no reason was given regarding Ramnarine’s decision to leave the Force.

Ramnarine, who had served as acting Police Commissioner upon the retire-

ment of Seelall Persaud, was the most senior rank in the Force prior to the appointment of Leslie James as Police Commissioner last year.

Ramnarine was overlooked for the position as Top Cop. He was even discounted from the post of Deputy Commissioner, of which there are currently four – Lyndon Alves, Maxine Graham, Nigel Hoppie, and Paul Williams.

President Granger has stated that there were specific reasons why Ramnarine was not appointed.

Prior to that, the Commander-in-Chief of the Armed Forces had expressed his desire to have the lead-

ership of the Police Force comprise individuals who are unbribable and not corrupt.

An inquiry into the Police Force’s handling of an alleged plot to kill the President in 2017 had concluded that Ramnarine, and others, lacked the professionalism to lead the GPF. Ramnarine has not worked a single day under the new leadership of the Force.

He had proceeded on leave after he had not been shortlisted for the Top Cop position. Ramnarine joined the GPF in April 1991 and he became an Assistant Police Commissioner at the age of 40.

Searches in prisons turn up prohibited items

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n excess of 200 police ranks inclusive of senior officers were involved in a countrywide search of all of Guyana’s penitentiaries on Saturday (February 23, 2019).

The joint search unearthed prohibited items which include several cellular phones, phone chargers, cigarette lighters, a quantity of cannabis, cellphone batteries, a quantity of razor blades, metal spoons and forks, nails clips, construction nails, smoking utensils ,improvised weapons ,playing cards, sand paper, broken mirrors , copper wires ,scissors, tobacco leaves and several earpieces.

The search was conducted without inci-

dent, according to the Guyana Police Force.

Five busted with illegal drugs, fake documents R

anks of the Guyana Police Force’s Narcotics Branch and the Berbice Division on Wednesday (February 27, 2019) arrested five persons following the discovery of narcotics and suspected fake documents as well as stolen items.

This was during an almost four hours ‘cordon and search’ operation carried out in several villages in New Amsterdam and

East Canje, Berbice.

At Sheet Anchor Village, East Canje, a businessman was arrested with 313 grams of cannabis. In addition, a search of a house at St. John’s Street, New Amsterdam, unearthed another 377 grams of cannabis and 15 grams of cocaine resulting in three males being taken into custody.

Finally, a male resi-

dent of Howard’s Alley, New Amsterdam was also arrested after a search of his premises revealed a quantity of suspected stolen items and several suspected fake business stamps and a passport. He joined the others in assisting with further investigations.

The operations were spearheaded by a Senior Superintendent and included 20 other ranks.

Another Region 10 ‘weed farm’ destroyed

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continuous “Drugs Eradication” exercise

by Police ranks in E Division (Linden-Kwakwani), recently unearthed two additional marijuana camps at 10 Miles, Millie’s Hideout, Upper Demerara.

The ranks discovered two half-acre farms of marijuana which contained about 300

cannabis plants, measuring between 3 to 5 feet in height.

The drugs were said to have an estimated weight of approximately 250 kilograms. Ranks also discovered two makeshift camps, one which contained a hammock, three mattresses with makeshift beds, a quantity of kitchen utensils and clothing.

The other camp reportedly contained dried cannabis which had an estimated weight of approximately 150 kilograms.

The plants and camps were destroyed by fire and the location marked for further investigation. No arrests have been made in relation to the discoveries.

No meeting with Granger unless election date is set T

he invitation to a meeting with President David Granger, sent to Opposition Leader, Bharrat Jagdeo, by Minister of State, Joseph Harmon, was responded to.

Jagdeo made clear that there will be no meeting unless the meeting is about a date for General and Regional Elections, in compliance with the Constitution of Guyana.

With the passage of the no-confidence motion, elections are constitutionally

due in three months, meaning by March 19, 2019.

Article 106 (6) of the Constitution states: “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.”

Article 106 (7) goes on to state 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 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.”

During his Thursday (February 28, 2019) news conference, he said, “Unless there is a time for election on the agenda, there will be no meeting…

we will not compromise with the Government on its non-compliance with the Constitution.”

The letter inviting Jagdeo to a meeting states that the agenda items include: the National Assembly’s constitutional role in the present situation; and GECOM’s readiness and requirement for funding to enable it to conduct General and Regional Elections.

Jagdeo said, “There is no merit to meet on the two issues that he has asked me

to meet on because they are provided for in the Constitution of Guyana.”

FUNDING On the issue of funding, GECOM was appropriated some $5.37B in Budget 2019. The GECOM Secretariat, after arguments that over $3B of the $5.37B was earmarked for new houseto-house registration, write to the Ministry of Finance, which replied by saying that the Ministry has no jurisdiction to alter the

budget of a constitutional agency and any alternation of the Budget must go to the National Assembly.

Jagdeo has said that the Ministry of Finance’s response was correct.

However, he noted that the government-aligned officials at GECOM are interpreting the Finance Ministry’s response to say that the monies earmarked by the Secretariat for new house-to-house registration cannot be used for another (Turn to page 18)

CARICOM leaders state support for Granger visits Cuba for sixth round of judicial process to settle Guyana, cancer treatment Venezuela border controversy T

he Thirtieth Intersessional Meeting of the Conference of Heads of Government of the Caribbean Community (CARICOM) was held at Frigate Bay, St Kitts and Nevis on February 26 and 27, 2019.

And Heads of Government received an update on the most recent developments between the Co-operative Republic of Guyana and the Bolivarian Republic of Venezuela, according to the communique issued after the meeting.

It said, “Heads of Government noted that Guyana had submitted its Memorial on Jurisdiction to the International Court of Justice (ICJ) on November 19, 2018, in accordance with an Order of the Court and that the Court had established April 18, 2019 for the submission of the Counter Memorial by

Venezuela.

“Heads of Government expressed support for the judicial process underway which was intended to bring a peaceful and definitive end to the long standing controversy and which was in accordance with the principles and purposes of the United Nations Charter and the decision of the Secretary General of the United Nations under the Geneva Agreement of 1966.

“Heads of Government reiterated their firm and unswerving support for the maintenance and preservation of the sovereignty and territorial integrity of Guyana.”

Prime Minister of St Kitts and Nevis, Timothy Harris, chaired the proceedings.

MOVE TO ICJ On March 29, 2018, Guy-

ana filed an application with the ICJ requesting that it confirm the legal validity and binding effect of the 1899 Arbitral Award on the boundary between Guyana and Venezuela.

The 1899 demarcation – the 1899 Arbitral Award – of the territorial limits considered the border controversy between Guyana and Venezuela settled and made clear that the Essequibo belongs to Guyana.

The Award was disputed and in 1966, Guyana and Venezuela signed the Geneva Agreement. This agreement took note of the fact that Venezuela was disputing the validity of the 1899 Arbitral Award. While it did not take any position about Venezuela’s claim to Essequibo, it committed Venezuela, Britain and Guyana to ensure that “any outstanding contro-

versy…should (be) amicably resolved in a manner acceptable to both parties.”

The move to the ICJ was advanced there was no success with a further attempt, using the United Nations’ Good Offices process, to resolve the matter of Venezuela’s renewed claim to Guyana’s territory, the Essequibo County. Venezuelan President Nicolas Maduro, in 2015, charged that the signing of the 1966 Geneva Agreement rendered the 1899 Arbitral Award null and void.

On January 30, 2018, the UN Secretary General, concluded that the Good Offices process which the two countries had engaged in for almost 30 years had failed to achieve a solution to the controversy and therefore chose the ICJ as the next means of settlement.

P

resident David Granger departed Guyana for Cuba on Tuesday (February 26, 2019), where he will undergo his sixth round of treatment for Non-Hodgkin Lymphoma.

In May 2018, President David Granger visited Trinidad and Tobago for an annual medical checkup, after which it was claimed that he was given a clean bill of health. Granger was back in Trinidad and Tobago, a few months later. Granger, according to the Ministry of the Presidency, started to experience certain symptoms which were persistent – hence his decision to return to Trinidad to revisit the tests that were done in May 2018.

Little information was released on the status of the President’s health, prior the November 14, 2018 confirmation that he was diagnosed with cancer.

The President returned to

Guyana from the Republic of Cuba on November 20, 2018 after spending approximately three weeks there, where his medical team performed a number of medical interventions, including the first round of chemotherapy treatment.

Granger’s second round of treatment was done after he left Guyana on Tuesday (December 4, 2018). The President’s third round of chemo was done after he left Guyana on Christmas Day (December 25, 2018). His fourth round of chemo was done after he left Guyana on January 15, 2019. His fifth round of chemo was done after he left Guyana on February 5, 2019.

Cuba’s Centro de Investigaciones Médico Quirúrgicas (CIMEQ), according to the Ministry of the Presidency, has drafted a schedule of treatment which will run until May 2019.

Granger not obliged to take GECOM’s advice

I

n an interesting turn of events, Government’s Commissioner on the Guyana Elections Commission (GECOM), Vincent Alexander, has admitted that President David Granger is the one who is delaying the elections, since the power lies with him to announce a date for the polls.

Alexander has said the Elections Commission only starts preparations for polls after being given a date by the Head of State.

He said, “What people don’t seem to understand, [it] is not for GECOM to automatically go into preparing for the elections outside of an order from the President giving a date. The President has

to give a date for elections and that is what GECOM has to work with because there are statutory dates leading up to that date. You can’t determine those statutory dates outside of an order. “…so to accuse GECOM of flying in the face of the Constitution is to not understand GECOM’s role.

GECOM doesn’t set an elections date, GECOM responds to a set elections date and the fact that the emissaries were sent was a clear understanding by those who sent them that they have to find out GECOM’s state of preparedness.” “…legally he (Granger) might not be obliged, but certainly in the terms of the

spirit of the Constitution and in terms of any logical framework, one would expect him to take that advice. And more than that, we have precedence of [presidents] taking that advice [from GECOM].”

Since the passage of the no-confidence resolution, GECOM has been dragging its feet with respect to elections preparation.

Last week, among other things, GECOM voted on a motion to inform President Granger that GECOM cannot deliver General and Regional elections within the constitutionally stipulated timeframe.

Following the passage of the no-confidence motion on December 21, 2018, General and Regional Elections were

trigged.

Article 106 (6) of the Constitution states: “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.” Article 106 (7) goes on to state 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 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.”

The validity of the vote on the no-confidence motion was upheld by the High Court after the APNU+AFC Coalition government raised a challenge.

At GECOM, on Tuesday (February 19, 2019), during the weekly statutory meeting, the motion to inform President Granger that GECOM cannot deliver the elections was opposed by the Opposition-nominated GECOM Commissioners – Bibi Shaddick, Sase Gunraj and Robeson Benn. However, the GECOM Chairman, James Patterson, sided with the Government-nominated Commissioners and the vote was carried.

The Opposition-nominated Commissioners contends that GECOM is abandoning its constitutional obligation.

Article 162 (1) of the Constitution states clearly that: “The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament.”

Additionally, the Opposition-nominated Commissioners share the view that the GECOM Chairman has made no effort to act in a non-partisan manner. (SEE RELATED REPORTING ON PAGE 8)

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