Weekend Mirror 30-31 March 2019

30-31 March, 2019 / Vol. 10 No. 66 / Price: $100

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

Granger admits…

PAGE 8

GECOM Chairman has been cooperating with APNU+AFC gov’t APNU+AFC Coalition 'defied the Constitution and sank into illegality' for a record 16 hours – Teixeira PAGE 12

Citing impact on business community…

Private sector groups call for expeditious hearing of challenge to vote on no-confidence motion at CCJ PAGE 3

‒ Granger insists there are no negatives

SEE INSIDE

PPP/C objections ignored….

GECOM pushes PAGE 7 ahead with work for new Houseto-House registration No agreement to views on ‘absolute’ majority PAGE 18 – Nandlall

Chaos ensues during PAGE 17 struggle for control of AFC’s Region 6 Management Committee

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WEEKEND MIRROR 30-31 MARCH, 2019

PPP/C Presidential Candidate continues national outreach

A community meeting was held with residents of Number 55 Village Region 6, as the People’s Progressive Party/ Civic (PPP/C) presidential candidate, Irfaan Ali, continues his national outreach. Ali led a team that included PPP Executive Secretary, Zulfikar Mustapha, and former PPP/C Parliamentarian, Dr. Leslie Ramsammy, among others.

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WEEKEND MIRROR 30-31 MARCH, 2019

impact on business Removing names of persons Citing community… living or visiting overseas Private sector groups call for from the voters’ list is expeditious hearing of challenge to unconstitutional – Nandlall vote on no-confidence motion at CCJ ‒ Granger insists there are no negatives T he Guyana Elections Commission (GECOM) was chastised by former Attorney General and Minister of Legal Affairs, Anil Nandlall, for moving to Houseto-House registration, which he contends would be in violation of the Constitution if it is done for the purpose of removing person names from the voters list, if they cannot be located at their last known address.

Nandlall, in televised comments, said, “We have the Government calling for House-to-House registration because they claim that the list is bloated and as night follows day, GECOM votes and the Chairman votes with the Government Commissioners, as he has done on every occasion that his casting vote was required of him since his appointment, to violate the Constitution by not hold elections within the three months period provided for by the Constitution when the Government is defeated by a No-Confidence Motion and uses the voters list as the basis to delay the elections and now they are going to House-to-House registration to sanitized the list.

“They have stated publicly that the intention is to remove from the list persons who are dead and persons who are no longer living in Guyana.”

While stating that he has no problem with the removal of dead persons from the voters list, which can easily be done without the resort to

House-to-House registration and by a simple engagement with the Registrar of Deaths, the former Attorney General argued that removing persons from the list not resident in Guyana or who may be visiting overseas, is a violation of the Constitution and those persons’ right under the Constitution. “I have a fundamental problem with removing persons who are either living overseas, or, are visiting. Those persons’ names cannot be removed from the list because they have a right to vote in Guyana. A constitutional right to vote. Our law and our Constitution does not require residency as a qualification to vote. If GECOM was to proceed what they would be embarking upon is the unconstitutional removal of names from the list, who are qualified by the Constitution to vote,” he argued.

Article 59 of the Constitution of Guyana, states that: “Subject to the provisions of article 159, every person may vote at an election if he or she is of the age of eighteen years or upwards and is either a citizen of Guyana or a Commonwealth citizen domiciled and resident in Guyana.”

Notably, Nandlall questioned on what basis is GECOM removing persons from the list who are living and or visiting overseas.

As a result, Nandlall contends that GECOM and the Government are working together. “I have expressed the very clear view and, respect-

fully, I have no apologies for my belief and my conviction that GECOM and the Government are working together in a conspiracy. There is no doubt in my mind about that and I have articulated that position whenever I got the opportunity to. The two of them (GECOM and the Government) are spin twins and that is why Mr. Justice Patterson was appointed in the manner that he was appointed. Unilaterally by the President on the darkest night of 2017, after rejecting 18 names from the Leader of the Opposition.”

Nandlall emphasized, a month before President Granger unilaterally appointed Patterson to the position of Chairman of GECOM, and he sent home two eminent jurists, holding constitutional offices, on the basis that they were too old to hold constitutional offices, specifically, former Chancellor Kennard and former Justice of Appeal, Prem Persaud. Yet a month after, proceeds to appoint Patterson, who is older than both Kennard and Persaud to one the most important constitutional offices of the country.

“These things are not only wrong, but they are vulgar. The ineptitude is appalling. The incompetence is unbearable and the discrimination is intolerable,” the former Attorney General stressed.

CCJ will deliver final outcome in ‘difficult period’ of Guyana’s political history - GMSA T he Guyana Manufacturing & Services Association (GMSA) is the latest local grouping to address the current state of affairs in Guyana, relative to the challenge to the vote on the no-confidence motion, which was declared successful passed in the National Assembly by House Speaker, Dr Barton Scotland.

It said, “The GMSA wishes to lend its voice in support of the position advanced by all responsible local Organisations for full

respect to be given to our legal system based on the pronouncement by the Court of Appeal emanating from the recent No Confidence vote in Parliament last December.

“Our Association urges all Guyanese, especially those persons in the Business Community to continue to conduct their daily affairs in an atmosphere of peace, harmony and tranquility, which is generally supportive of all business endeavours.

“It remains our fervent hope that the final outcome

[from the Caribbean Court of Justice] in this particular difficult period of our political history would offer appropriate solutions to our quest for economic and social development of benefit to the Guyanese people.”

Several other local organizations have commented on the current state of affairs, stressing the need for the Caribbean Court of Justice to deal with the appeal before it in an expedition manner.

(SEE RELATED REPORTING ON PAGE 18)

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hree of Guyana’s main representative private sector groups on Wednesday (March 27, 2019) decried the impact of the unsettled challenge to the vote on the no-confidence motion on the business community – even as President David Granger maintains that there are no negative impacts.

After the successful passage of the no-confidence motion in the National Assembly on December 21, 2018, both Granger and Prime Minister, Moses Nagamootoo, accepted that the Coalition Government had fallen and General and Regional Elections would have to be held in three months.

However, in less than two weeks, that initial acceptance of the consequences of the no-confidence motion vote morphed into three court challenges at the level of the High Court. Following the High Court ruling – which upheld the validity of the vote on the no-confidence motion – on January 31, 2019. The Appeal Court on March 21, 2019 – the day after General and Regional Elections were due (March 21, 2019) – set aside the High Court ruling. The matter is now before the Caribbean Court of Justice.

Granger on Wednesday (March 27, 2019) when asked about the impact of political uncertainly on the local business community said, “There is no chaos or confusion or crisis in the political situation. Everything that has happened since December 21, 2018 has been logical and, on the part of the Government, it has been within the framework of the law….as far as I am concerned, the Government has done nothing to engender any disorder or any despair in the business community “…we continue to work…naturally people felt

that there was some chance that the claims made at different levels of the political community were valid, but we don’t think so. Everything that we have done has been in accordance with the law and the Constitution… we used our legal right to go to the Appeal Court.”

The private sector groups, however, maintain a different position.

The Georgetown Chamber of Commerce and Industry (GCCI) has said that: “The Georgetown Chamber of Commerce and Industry (GCCI) continues to be an active and vigilant observer of the political situation in Guyana. The GCCI wishes to reiterate its initial position regarding the effect of political uncertainty on the level of economic activity.

The Chamber is of the fervent hope that the matter of contention in the political arena, which is now before the Caribbean Court of Justice, will be expeditiously resolved. This resolution will bring an end to the degree of political uncertainty and ensure that a favourable business environment prevails.”

This sentiment was also expressed by the Central Corentyne Chamber of Commerce, which said, “Whilst on the surface the ruling of the appeals Court seems to have calmed the nation somewhat, this matter should be MOST URGENTLY brought to a closure so that our country can move forward. In this regard we are calling on the Caribbean Court of Justice to urgently schedule hearings to speedily bring this issue to a finality.”

The Central Corentyne Chamber of Commerce added, “The Chamber notes the ruling of the Appeals Court on the no-confidence motion. Whilst we also note the illogicality of the decision of the Appeal Court,

we urge it to be respected.

The same way the government is welcoming this ruling, we are urging that they also respect the ruling that dual citizens should not be sitting in our Parliament and do something about it in the next sitting. It should not be business as usual in this regard.”

The Private Sector Commission (PSC), in adding its voice to the issue, said, “The Private Sector Commission of Guyana is concerned about Guyana’s current business climate in the midst of the political uncertainty facing the country.

The PSC had discussions with local and international businesses who have expressed reservations in investing as the uncertainty continues. There has been a reduction in Government and private sector contracts directly attributable to the uncertainty. The PSC is of the strong view that the expeditious resolution of this political situation will bring great relief to the business community. The Commission continues to be a strong advocate for enabling a business environment for national growth and development. The Commission calls on the Caribbean Court of Justice to provide a prompt resolution to this matter so that both local and international organizations and businesses would again see Guyana as a country with boundless opportunities.”

Following the Appeal Court’s ruling in favour of the Coalition Government, the PPP/C on Tuesday (March 6, 2019) filed its appeal with the CCJ. .

Trinidadian Senior Counsel, Douglas Mendes, will lead for the CCJ hearings, on behalf of the PPP/C. Jagdeo is listed as the Applicant in the case. Guyana’s Attorney General, Basil Williams, and House Speaker, Dr Barton Scotland, are listed as the respondents.

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WEEKEND MIRROR 30-31 MARCH, 2019

Guest

EDITORIAL The ‘34’ argument, APNU+AFC Coalition’s duplicity and the CCJ

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he 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.” So says Article 106 (6) of the Constitution.

The notions of absolute and simple majorities are not addressed in Guyana’s Constitution. The Constitution is clear that a vote to allow the successful passage of the no-confidence motion requires a majority of all elected Parliamentarians – a majority of the 65.

That said, last Friday’s (March 22, 2019) decision of the Court of Appeal to overturn the High Court decision – one that upheld the validity of the vote on the no-confidence motion – came as a surprise to most Guyanese primarily because of basis used to overturn the decision. The Court of Appeal, by a 2-1 vote, ruled that a majority of 34 was needed to the no-confidence motion to be passed in the National Assembly.

Justices Yonnette Cummings-Edwards and Dawn Gregory, who ruled that the 33 votes is not a majority of 65, defended their position by relying on arguments made by Government’s lawyers about the need for an “absolute” majority – a need for 34 votes, not 33. It must be pointed out that the notions about an “absolute majority” is not addressed in Article 106 (6) and is not implied in any other part of Guyana’s Constitution. Also, lead Attorney for the Parliamentary Opposition, in the case before the Appeal Court, Anil Nandlall, has made it clear on multiple occasions that the notion of an “absolute majority” was not applicable in this case. He did not consent that Article 106 (6) contemplated an “absolute majority” based on the clear language of the Constitution.

The matter now moves to the Caribbean Court of Justice (CCJ). The only remaining argument in the challenge to the validity of the no-confidence motion, the only thing left in the arsenal of the APNU+AFC Coalition, is that 34 votes was needed for the no-confidence motion to pass, not 33.

Addressing the one remaining argument is made somewhat easy given the multiplicity of addresses by top Coalition officials that were broadcast of Facebook and state-owned National Communications Network (NCN), as well as their comments that were widely reported by the local media corps.

In reviewing what was said before and after the vote on the no-confidence motion, the duplicity of the APNU+AFC Coalition is exposed – as is the subterfuge being employed to hang onto power.

Among those top Coalition Government officials was Prime Minister, Moses Nagamootoo. Before the vote, he insisted that, “The Constitution, our law, says that in order for a motion of no-confidence to pass it must have a majority of elected members of the National Assembly. I repeat that, it must have a majority of ALL elected members of the National Assembly. Our National Assembly has 65 Members.

It means that the motion of no-confidence, in order to pass, must have 33 Members who are elected Members of the National Assembly. The Opposition does not have that. It is the Government that has 33 Members who are elected and sitting in the National Assembly.”

Immediately after the vote on the night of December 21, 2018, Nagamootoo said, “The confidence motion was put the floor and the no-confidence motion was passed. The options that are available after a no-confidence motion is passed in the House is dictated by the Constitution, Article 106….the Government remains in office until such time as elections are called….the Constitution says elections in 90 days….The process in the National Assembly was an open and transparent process….Parliamentary democracy triumphed.”

However, once the arguments about 34 votes surfaced, Nagamootoo changed positions. He said, “The formula has

An error of judgment was made in overturning the decision of the Chief Justice Dear Editor,

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here is a popular saying that ‘the law is an ass’. The recent ruling by the Appeal Court overturning the decision of the Chief Justice regarding the validity of the No-confidence vote has reinforced such perceptions among a significant body of opinion both within and outside of the legal fraternity.

Part of the difficulty has to do with the interpretation of language in the Constitution, which can be subjected to all kinds of nuances to validate or invalidate a particular viewpoint. Interestingly, the debate over a ‘simple’ majority as opposed to an ‘absolute’ majority has in a way introduced a new dimension in the interpretation of the Constitution unless the Caribbean Court of Justice rules otherwise. This decision, when taken in conjunction with the ruling on dual citizenship could redefine the governance structure of our society.

This is why it is so important that something as fundamental as the defeat of a government on a no-confidence vote should be written in the Constitution in a way that ought not to be left to judicial interpretation. The language

should be unambiguous and unmistakably clear for all to comprehend.

I have no claim to being an expert on constitutional law, but my understanding of the Constitution is that upon the passage of a majority of all members of the National Assembly, the motion is carried and the government shall immediately resign and within three months hold new elections. This to my mind appears clear enough and ought not from a rational and logical interpretation be a matter for dispute. There is no mention of ‘simple’ or ‘absolute’ majority with respect to this particular piece of legislation. The Appeal Court, however, has an entirely different understanding.

It is my respectful view that an error of judgment was made in overturning the decision of the Chief Justice regarding the validity of the no-confidence vote. Judges, it has to be said, are not immune from errors in judgment and it is precisely for this reason that there is recourse to a higher court, in our case the Caribbean Court of Justice (CCJ).

It is interesting to see how this issue will be dealt with at the Caribbean Court of Justice. The Opposition Leader has already signalled his intention

to contest the decision and in all likelihood the matter will be dealt with expeditiously having regard to the nature of the case. The Government of Guyana may see this decision as a victory but will be counterproductive from a governance perspective to behave as if it is business as usual. Since the matter still remains inconclusive insofar as the judicial process is concerned, preparations for the holding of elections within the shortest possible time as indicated

by President Granger should not be put on hold and GECOM should be so advised. The constitutional constraints imposed earlier with respect to its legality have for all practical purposes now temporarily lifted pending a ruling by the CCJ. This is no time for triumphalism on the part of anyone regardless on whichever side he or she may stand on the political divide. Regardless of how the CCJ rules, the elections fever has already gripped the masses, and the sooner we get it over, the better it will be for the good of this country of ours.

Sincerely, Hydar Ally

Function of the courts is only to expound, not to legislate Dear Editor, The rules or guidelines for statutory interpretation are intended to ensure that ambiguities are avoided in order to give effect to a statute or law. However, many times, the statutes can be easily interpreted since the words have a plain and straightforward meaning, in other words, it says what it says.

Unfortunately, the courts in its endeavour to give its interpretation, sometimes obfuscate the simple literal meanings and creates an entirely different meaning from that intended by the drafters of the Constitution. It must be borne in mind that the function of the courts is only to expound and not to legislate (GP Singh, Principles of Statutory Interpretation, page 4). However, it would seem that the Court of Appeal did just that in its interpretation of “majority”

in Article 106.

Article 106 (6) of our Constitution unambiguously states that “The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence”. On December 21, 2018, all the elected members voted on the no-confidence motion and 33 of the elected members voted in favour of that motion. The Constitution makes it clear that 65 members constitute the National Assembly. That is crystal clear and conclusive. Therefore, when the foregoing Article speaks about a “majority”, it is in respect of these 65 members. If the drafters of the Constitution had wanted this to be an “absolute majority”, the word “absolute” would have been inserted.

Instead, they used the word “majority” which in its simple plain literal meaning

been ½ plus one. So if you have 64 members of the parliament, your half would be 32 and a majority would be add one, 33.

How come do you have 33 as a majority for 65, unless you can prove that 64 is equal to 65?”

Another such official was General Secretary of the People’s National Congress Reform (PNRC) and Government Chief Whip, Amna Ally. Before the vote on the no-confidence motion, in the National Assembly during the Budget 2019 debates, she said, “Bring it on! Bring it on! The APNU+AFC is a solid 33, you have an indecisive 32.” Like Nagamootoo, this tune changed once the arguments about 34 votes being

means 33 or any amount above 33…34, 35, 36, etc from the total of 65.

It is, therefore, submitted that the Appellate Court by its insertion of the word “absolute” has now created a new piece of legislation not intended by the drafters.

They specifically provided for 65 members of the National Assembly to avoid any ambiguity or misinterpretation. Chief Justice George in her ruling on January 31 was absolutely correct when she ruled that, “In our 65-member National Assembly, a majority of all elected members, in accordance with the principle of ‘one over all rivals combine’, is the thirty-three (33) members”.

I do hope that the PNC flag is not once again flying high above our courts and democracy has taken a sudden flight!

Yours sincerely, Haseef Yusuf

needed surfaced.

These are only two of several such examples.

As the matter is heard before the Caribbean Court of Justice, most Guyanese are expecting that the Appeal Court’s decision would be overturned. It has already been pointed out by the People’s Progressive Party (PPP) General Secretary that the 34 argument was one of the weakest arguments that was advanced in the challenges to the validity of vote on the no-confidence motion. Whether the CCJ upholds the ‘strange mathematics’ being used by the Coalition’s proponents is left to be seen.

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WEEKEND MIRROR 30-31 MARCH, 2019

Serious questions for a reconvening of Parliament APNU+AFC pretends CCJ O does not matter

Dear Editor,

Dear Editor,

I

n spite of the clear, publicly-announced intention by relevant stakeholders that the constitutional challenge to the December 21st, 2018 No-Confidence Motion is going the full journey to the CCJ, APNU+AFC is poised to wish away the CCJ. APNU+AFC brazenly behaves as if the CCJ does not exist and that any ruling of the CCJ does not matter. In announcing that Parliament is about to be resumed, APNU+AFC is behaving as if the matter is at an end, that they can resume business as usual.

This same APNU+AFC used an appeal of the Chief Justice's ruling of January 31st, 2019 as life support, to illegally avert the consequences of the No-Confidence motion as described in Articles 106 (6) and 106 (7). But they want to treat the appeal to the CCJ as having no impact on their resumption of business as usual.

On December 21st, 2018, the National Assembly of Guyana passed a no-Confidence motion, setting the stage for elections within 90 days, by March 21st, 2019. APNU+AFC, after first acknowledging the validity of the No-Confidence Motion, challenged the legitimacy of the No-Confidence Motion in Court. The Chief Justice on January 31st, 2019 dismissed the challenge by APNU+AFC that the No-Confidence Motion was invalid on the basis that the majority in the 65-seat parliament is not 33, but 34. David Granger, Moses Nagamootoo, Carl Greenidge, Basil Williams and the entire APNU+AFC leadership insisted after the Chief Justice and the High Court ruling that the consequences of the No-Confidence Motion cannot come into effect until the court matters are totally adjudicated all the way to the CCJ. On this basis, and having appealed the Chief Justice's ruling, they ran the calendar down and exhausted the entire time period for holding elections, illegally using the court as a life support.

On the principle they will not act until the matter is totally exhausted in the final court, APNU+AFC refused to set a date and hold elections, as required under the constitution (Article 106 (6) and (7) because of the No-Confidence Motion and as ordered by the Chief Justice. APNU+AFC's adopted position was that the legal options must be fully ventilated and exhausted before the consequences of the No-Confidence Motion can be effected.

They created their own illegal posture that the calendar had become suspended once APNU+AFC entered the matter in court and that they intended to knock on the doors of the Court of Appeal and the CCJ. Their strategy was clear - to buy time - by forcing all the courts to consider the matter.

But, suddenly, after the split decision in the Courts of Appeal which favors them, APNU+AFC insists everyone must respect the court and that the matter has come to an end. APNU+AFC no longer finds it "fit and proper" to await the results of the CCJ adjudication. They now argue that the decision of the courts of appeal permits them to carry on with business as usual. On this basis, Greenidge, squatting as an MP and illegally acting as the President of Guyana, announced that Parliament will resume shortly, following the decision of the Appeals Court which ruled that the Parliament needed 34 votes to pass the No-Confidence Motion, that 33 is not more than 32.

It is amazing the rapidity with which APNU+AFC is proceeding to disavow the No-Confidence motion on the basis of the

Guyana Court of Appeal's split decision, disregarding that relevant stakeholders have indicated publicly their intention to appeal the Guyana's Courts of Appeal decision. Yet, on January 31st when the Chief Justice ruled that 33 is a valid vote to pass the No-Confidence Motion and that the government should proceed to name a date for elections within the 90 days from December 21st, this same APNU+AFC disregarded the ruling, insisting they will not start the calendar count and will not name a date for elections, will carry on with business as usual, until the court matter was settled. With a ruling against them, APNU+AFC argued that no court decision can be enforced until all the courts exhausted their review of the decisions. They made it known they will not act until the final court, the CCJ, has completed its review of the matter. But now they are whimsically wishing away the CCJ. With the new ruling in their favor for now, APNU+AFC is disregarding the salient fact that the PPP and others are appealing the absurd decision of the Courts of Appeal, and, that APNU+AFC itself has signaled it will appeal certain aspects of the Courts of Appeal decision. Parliament was resigned on December 21 2018 and, while there is a judicial setback, the Parliament remains resigned until the Caribbean Courts of Justice rule. What goes for the goose must go for the gander.

Just as APNU+AFC lived by the principle that until the court matters are finally decided by all courts, they will not abide by the No-Confidence Motion and hold elections within the 90 days limit, so must they now wait for the CCJ before they can resume Parliament.

For the majority of Guyanese citizens, there is every expectation that the CCJ will overrule the decision of the Courts of Appeal. Hopefully, the CCJ will move rapidly to resolve this matter which is negatively impacting on the lives of the people. More importantly, the newly discovered understanding by APNU+AFC that the decision of the court must be respected must be something all citizens, regardless of political affiliation, race, ethnicity, religion, must hold them to.

APNU+AFC must not be permitted to define principles based on whether court decisions go their way or not. When the court decisions went against APNU+AFC in January, they chose to ignore those decisions and publicly chided those who insist they act in accordance with the decision of the courts. Now, without any hesitation, APNU+AFC has found its moral groove and demand everyone respect the decisions of the court, insisting there is no need to wait for the CCJ. The Parliament passed the No-Confidence Motion and that cannot be reversed by any court. The split decision ruling will now be scrutinized by the highest court in our judiciary system, the CCJ. Until then, it is reckless for APNU+AFC to behave as if the CCJ does not exist and that the CCJ is of no material consequence. The status of animated suspension that Guyana has experienced since December 21st 2018 cannot now expire simply because the court ruling favors APNU+AFC. Should APNU+AFC proceed to Parliament on the basis of the decision of the court of appeals and they enact significant legislation, they must consider what happens if the CCJ rule against them.

Regards, Dr. Leslie Ramsammy

ur 11th Parliament may best be at an end whatever the Caribbean Court of Justice (CCJ) may yet rule on the majority that would have been required for the successful passage of the “No-Confidence Motion” (NCM) last December. A number of potentially difficult questions are now before us beyond the question of the majority required. We may be in a puddle that is of our Government’s own making.

The Coalition Government raised two questions on whether the vote of Charandass should even have been recognized (which challenges, if accepted, would have left the vote as a tie, 32-32, and the NCM not carried). On the question of dual citizenship, in my understanding of a not learned fellow, the Chief Justice’s (CJ) ruling which I understand still stands - the CJ ruled that persons with dual citizenship should not have been eligible to be on nomination lists, should not have been selected and should not be sitting in Parliament. However, being there and to that time not knowing, Mr. Charandass’s vote was valid when cast, but would not be valid at any subsequent voting.

With respect to dual citizens now in our Parliament, I understand that before the CJ’s ruling there was no thinking that their continuing sitting could have been challenged.

They could have been removed by petition from the opposing side, but within six months

of becoming an MP – that time is long gone.

Now, it may at first seem that they can be removed only by their own resignation or by the Representative of their List notifying the Speaker of the party’s withdrawal and replacement of such dual citizens. Even so, we must sense now strong moral questions before the dual citizen MPs themselves, but not only them, before their Leaders and the Representatives of their Lists also.

However, there is now the CJ’s recent declaration and it being acted upon – enforced.

Further, my understanding of the CJ’s rulings raises questions, now that we all know, whether the vote of a dual citizen continuing to sit in Parliament, should hereafter be counted.

Editor, fellow citizens have raised in their letters the question whether we Guyanese being what we are, should not find certain years of residency sufficient and dual citizenship ignored? A good question but one if widely enough accepted is a question for the next or the next after Parliament, where a coming together for a two-thirds majority in Parliament might suffice.

Meetings, sometime of bodies and minds, cannot be escaped.

Yours truly, Samuel A.A. Hinds, Former President and Former Prime Minister

After the CCJ Guyana’s future will end up in the hands of our nation’s highest decision making body – the People Dear Editor,

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he old adage ‘actions speak louder than words’ has taken on a new level of prominence and significance in the context of the political ‘goings on’ in Guyana.

The entire Guyanese community at home and aboard are now able to compare and contrast and make conclusive findings on the real versus the counterfeit, the sincere versus the hypocrite, political grandstanding versus reasonable and rational behavior. The swift move by the Leader of the Opposition and other parties (outside of government) through their lawyers to the Caribbean Court of Justice (CCJ) for a full and final determination of the validity of the no-confidence motion is sufficient proof of keeping good faith with the commitments made to the people of Guyana.

This action is a clear indication that there is no intention on the part of the People’s Progressive Party/ Civic (PPP/C) to hold the people of Guyana in a protracted period of uncertainty and fear but is a clear indication of our belief in the democratic process and that this issue should be resolved by the people of Guyana when they go to the polls earliest.

We, the PPP/C, respected the ruling of the Speaker on the December 21, 2018, we respected the ruling of the Chief Justice on 31st January 2019, we respect the 2-1 decision of the Guyana Court of Appeal on March 22, 2019, even though this decision was adverse to our cause and we look for-

ward to a swift fair and binding ruling from the external review court, the CCJ. It is hoped that politics or any other consideration outside of the law will have no bearing on the determination of this matter. While local senior APNU/AFC officials have been boasting in private and in special circles of their ability to influence the outcome of this court, it is our belief that this is an opportunity for the distinguished members of this court to ensure the scales of justice are balanced.

Many are disappointed with the utterances that are coming from the Granger administration; it is worrying to believe that such recklessness exists among elected officials.

Parliament should not be reconvened more so if the intention is to pass supplementary papers to further fund the APNU/ AFC election campaign. The current use of state resources is beyond brazen, the green and yellow is omnipresent in all ‘government’ outreaches and events, the lack of concern for the partisan appearance of government events raises the specter of a paramount PNC party in our country once again.

After all the legal luminaries have their say at the CCJ, we will, one way or the other, end up in the hands of our nation’s highest decision making body – the People –and there will be a definitive ruling.

Yours truly, Bishop Juan A. Edghill

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WEEKEND MIRROR 30-31 MARCH, 2019

Ali cultivating a direct bond with real voters Dear Editor,

On the flawed Appellate Court’s ruling Dear Editor,

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he controversial Appeal Court’s ruling against the No Confidence Motion (NCM) resolves around the meaning of the word “majority” as intended by Article (106).

No one in the Appellate disagrees that the greater number in the National Assembly constitutes a majority. The median or the 50th percentile of a set of numbers, by statistical and mathematical reasoning, is half the sum of all numbers plus one, or equivalently 1/2 (n+1).

In the case of the fifty (52) Members of Parliament of the Republic of Vanuatu, one half of 53 (26.5) and then rounded up yield 27 as the majority.

In the case of Guyana with 65 sitting Members of Parliament, one half 66 (65+1) is 33, the number that constitutes the majority as in the case of the Republic of Vanuatu.

However, in the Guyana case, the median was not applied. Instead, Chancellor Cummings-Edwards and Justice Gregory

disaggregated the median formula into two overlapping stages to define the majority by taking one-half, rounded-up and then plus one to yield a majority of 34.

This two-stage hybrid is mathematically and statistically flawed by international standards.

Why? In the first stage, the number is rounded-up, and again the rounded value is added to one to overstate the majority by one.

Therefore, based on the median principles in determining the 50th percentile, 33 is the majority of 32 in the 65-Member Parliament; and, reflects the true effect of the constitution.

Chancellor Cummings-Edwards and Justice Gregory have been misguided in their ruling, but for Justice Persaud who correctly uphold the ruling earlier reached

by Parliament and validated by the High Court.

Sincerely, D. Rawana

Latest innuendos published

by Guyana Chronicle are baseless Dear Editor,

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he GAWU recognized from a letter which appeared in the March 24, Guyana Chronicle from Dr Joey Jagan, certain accusations were levelled apparently aimed to tarnish our Union’s reputation and character.

Our Union could not help to notice that Dr Joey’s letter appeared in close proximity to the 101st Birth Anniversary of his father, the indefatigable Dr Cheddi Jagan who was very much associated with the work and victories of our Union during his lifetime. Also, the letter comes on the eve of Cde Janet Jagan’s memorial activity at Babu Jaan – another outstanding GAWU supporter. Of course, this truism should not be unknown to Dr Joey Jagan. The innuendos contained in his letter we contend are baseless, and serve only to demonstrate his clear unfamiliarity with the workings of the sugar industry, though this is surprising considering that both Cdes Cheddi and Janet Jagan were closely associated with many of the struggles of the industry’s workers.

Contrary to Dr Joey Jagan’s, seemingly, warped thinking the GAWU has never shirked from its responsibility to advance the conditions of workers under its representation. In fact, the Union is committed to ensuring that the well-being of all workers is improved. This has been reflected by the Union’s activism, not only at the bargaining table, which has brought many benefits and gains to our members. In the letter he charged that “…sugar workers were treated with contempt…”. But we wonder if Dr Joey doesn’t find the treatment by the current Government of workers most contemptuous. He must know, as it is widely known, that some 7,000 sugar workers have lost their jobs during the

tenure of the Coalition. He should know too that sugar workers remain the only group of workers in the State sector not to have gotten even a dollar as pay increase while those on the top echelons of the Administration approved obscenely humongous increases in their pay and perks. He would know that the GAWU, a Union Dr Cheddi Jagan served as Honorary President for many years, has seen its members being denied paid-release to attend their Union’s Congress but such facility has not been denied to other unions and workers. Even Forbes Burnham, didn’t treat sugar workers as the inheritors of his party are treating them now-a-days.

Apart from successes scored in our consistent representation with the industry’s overlords we have also, on our own or together with our unions in FITUG raised our voices to advocate policies and programmes to help our working-people generally. Such a stance is inherited from Cde Cheddi, among others, and continues to guide our efforts today.

Dr Joey continues to show his unfamiliarity with the workings of our Union with the assertion that our Union’s leadership was part of the Government. Contrary to those preposterous lamentations, the GAWU, as it said before, has members who are supportive of all the political groupings in Guyana. We respect and uphold our members right in this regard.

We cannot say with any certainty what has motivated such remarks about GAWU in the letter by Dr Joey. Maybe, it’s an attempt to be relevant at this time. If so, he really has a long, long way to go.

Sincerely, Seepaul Narine, GAWU General Secretary

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he next elections are the biggest of all elections in Guyana. Clearly, although Team Granger is in power only four years, there is already a massive anti-incumbency attitude of mind against them especially with the increasing collection of information on the number of cases of corruption being unearthed.

For those who already do not know it, these upcoming elections are going to be more of an identity-based elections with known faces making the biggest inroads. That is why the PPP’s strategy of sending their Presidential Candidate Mr. Mohamed I. Ali to walk in the streets and the dams of the villages with the people is a sound one because it allows him to cultivate a direct bond with real voters. Such a relationship cannot be undone with a TV advertisement or a Facebook com-

ment against him. Such a relationship ends up with me hearing in Fyrish Village (a mixed village on the Corentyne Coast) comments such as – “I know Mr. Ali, I have never met Mr. Granger”, with my own ears in March 2019 while I visited the Corentyne.

The Granger Team is “trying a thing” using Government resources with a mass blast on NCN, but that is not how you win elections. Their fundamental pillar in their games is nowhere to be found – their candidate. This is not how you win hearts and minds.

So every day that goes by, the PPP candidate gets stronger and the PNC candidate is nowhere to be found. Thus we know how this will play out even if GECOM continues to not do its work.

Regards, Sasenarine Singh

APNU+AFC Coalition not a capable gov’t Dear Editor,

I

t is with incredulity that I read a release from the Ministry of the Presidency about the ‘commissioning’ of 29 standpipes in D’urban backlands now known as Burnham Boulevard by no less than Minister Harmon himself. This ‘feat’ is lauded in the release as ‘a testimony of the Government’s commitment to ensuring that every Guyanese, no matter their geographical location or economic circumstances are able to benefit from services that they rightfully deserve’. This is the APNU+AFC at its best, but it is far way from what a government should be capable of delivering.

Harmon says that the Government could not deliver water to homes because the residents are not regularized and that a standpipe is the best he and his government could do.

No Sir, were you a capable government, you could have regularized this area within days, an army of public servants could have been mobilized to register residents, survey the area, draw maps, issue letters of acknowledgement of occupation and ownership of the newly mapped house lots and a fast track process could have begun to deliver transports. All of this could have been achieved

within weeks and the transports delivered later. The lack of vision and management ability is stunning.

I contrast the behavior of the Granger Administration towards these residents with the information shared on the Hot Seat with Stan Gouviea radio program by former President Jagdeo who talked about tens of thousands of government house lots subsidized by the state, about the regularization of many squatting areas by successive PPPC administrations, while Granger delivers standpipes.

Burnham Boulevard comprises a few families and can be regularized in days, it is no mammoth area like Sophia, all it would take is real care from the Minister, understanding of the sense of pride and dignity ownership of a home brings to a family and the chain reaction of positives that follow.

Irfaan Ali knows, that is why he worked so hard to deliver more than 28,000 homes, 25 wells and 7 Water treatment plants during his time as a Minister. On Election Day Granger, Harmon and the rest of APNU+AFC will know that we know how limited they are in thought and action.

Sincerely, Quacy Munroe

A demonstrably false argument Dear Editor,

I

taught Math in a New York City High School, and I am much intrigued and befuddled about these terms, “simple majority” and “absolute majority”, as they relate to the recent decisions on the NCM. I have considered the following majority votes in a 65-member parliament.

• 33/32 51% • 34/31 52% • 35/30 54% • 36/29 55% • 37/28 57% • 38/27 58% • 39/26 60% • 40/25 62% Which is a simple majority? Which is an absolute majority?

Attorney Nandlall and several other writers say the Constitution makes no mention of an “absolute majority”. In one instance (regarding the extension of parliament) it did mention 2/3 majority, but with regards to NCM it refers only to “a majority”.

Allowing that those deliberating are hungup over the term “absolute majority”, is there a Mathematical reasoning why the majority side must include a margin of at least 3 votes over the minority side to qualify as an absolute ma-

jority? Why isn’t 1 (one) sufficient to qualify as a majority – whether simple or absolute?

The position (34/31) is a margin of 3-votes separating majority from minority. There doesn’t seem to be a clear understanding that this Math problem is really a pie of two unequal parts – increasing one side by one vote necessarily means the other side loses a vote.

Trying to figure out what is a majority out of 65 is not like purchasing a 1/2 pound of onions that sells for 25 cents a pound (25/2 = 12.5 rounded to 13), and the customer pays 13 cents. The reason for the rounding-up is that the shop-owner cannot lose (must be a commercial law) – and that half-cent is not coming from thin air; it is coming from the pocket of the customer.

For this reason, Dr. Alexis’ argument: (65/2 =32.5 round-up to 33, then +1 = 34) is wrong. Where is the 0.5 coming from? Where is the +1 coming from? Not from this air, but from the other side of the two unequal parts of the pie.

Dr. Alexis does not recognize that his configuration now produces a margin of 3 (34/31) between the two sides. It is my opinion that he has presented a demonstrably false argument.

Regards, Mike Persaud

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WEEKEND MIRROR 30-31 MARCH, 2019

PPP/C objections ignored….

GECOM pushes ahead with work for new House-to-House registration

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he APNU+AFC Coalition Government – with its unilaterally appointed Chairman of the Guyana Elections Commission (GECOM) and its three GECOM Commissioners – wield control over what is supposed to be an independent body.

And GECOM, despite strong objections from the three Opposition-nominated GECOM Commissioners, is pushing ahead with preparations for a new national house-to-house registration.

Last Saturday (March 23, 2019), GECOM conducted training of 100 core trainers.

GECOM Public Relations Officer (PRO), Yolanda Ward, has publicly said, “We have commenced our training of trainers’ session for houseto-house. We started this week training the core trainers that will eventually be selected to conduct training for the Assistant Registration Officers (AROs) as well as enumerators.”

The two-day training exercise was conducted at Cyril Potter College of Education (CPCE). Participants were taught the management of house-to-house registration, which includes team-work and time management; code of conduct; the role of scrutineers; and organizational structure.

SUSPECT TIMING Notably, the People’s Progressive Party/ Civic (PPP/C) had recommended that house-to-house registration be done in 2015, but the Commission refused and pursued two cycles of continuous registration, instead, that year.

In December 2016, during the consideration of Budget 2017, it was noted that GECOM had agreed to do new house-to-house registration, but GECOM’s 2017 budget was cut from $5.8B to $2B by the APNU+AFC Coalition. No answers were provided by Finance Minister, Winston Jordan, when he was asked by Opposition Chief Whip, Gail Teixeira, why GECOM’s budget was cut.

Months later, facing an election, the People’s National Congress Reform (PNCR) – the majority partner of the APNU+AFC Coalition Government – began pushing for new house-to-house registration. The timing of the move was questioned, more so given the PNCR’s documented history of election rigging.

In April 2018, the PNCR General Secretary Amna Ally had suggested that a registration should begin as soon as possible. The PPP/C, in

a statement in response to Ally, had said it did not support the PNCR’s call for new house-to-house registration, particularly since the 2018 Local Government Elections were a few months away. If there was a move to houseto-house registration after the April 2018 call, the November 2018 Local Government Elections would have been postponed, since new national house-to-house registration could take as many as nine months to complete.

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, which can be done within a few weeks. The last cycle of continuous registration was held in July 2018.

GECOM MUST BE READY GECOM’s training of trainers’ session for houseto-house registration comes at a time when the PPP/C – the Parliamentary Opposition – insists that GECOM must place itself in a state of readiness to hold General and Regional Elections, in the event that the Caribbean Court of Justice (CCJ) upholds the validity of the vote on the no-confidence motion.

The no-confidence motion was passed on December 21, 2018. GECOM failed to ready itself for constitutionally mandated General and Regional Elections, which should have been held by March 21, 2019.

This deadline passed following the APNU+AFC Coalition’s move to court.

Despite an initial acceptance that the Government had fallen after the no-confidence motion vote, the Coalition challenged the validity of the vote.

When the High Court upheld the validity of the vote, GECOM persisted in its failure to begin preparations for Elections, citing the need for new house-to-house registration. The Parliamentary Opposition had 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.

After the Appeal Court set aside the High Court’s ruling, on March 22, 2019, the PPP/C made it clear, on the same day, that there

would be a move to the CCJ. GECOM swung into action the next day with its training

of trainers’ session.

The PPP/C has called on GECOM to be ready for

General and Regional Elections, in the event that the CCJ reverses the Appeal

Court’s ruling and upholds the validity of the vote on the no-confidence motion.

FACT SHEET

WHAT YOU NEED TO KNOW

CURRENT LIST OF ELECTORS IS VALID The APNU+AFC Coalition has been calling for house-to-house registration, claiming that the list is not ‘sanitised’ and that young people – first time voters - will be disenfranchised since their names would not be on the list.

So what are the facts? » Chief Elections Officer (CEO) of the Guyana Elections Commission, Keith Lowenfield, on February 5, 2019, declared that the List of Electors was, in fact, clean. » GECOM, less than four months ago, conducted a Local Government Elections on November 12, 2018 with the current List of Electors. None of the political parties, or independent groups and candidates, objected to the List that was used. There were no challenges based on the List of Voters that was used either. » The claim that first time voters being disenfranchised is another fallacy. The Coalition Government argues that persons who turned 18-years-old are not on the Voters’ List. The fact is that the Voters’ List has been updated during several cycles of Continuous Registration that were conducted by GECOM. So there is little chance of young persons, who are eligible to vote, being left off the Voters’ List. » The current Voters’ List was derived from a ‘Continuous Registration, Claims and Objections’ process, which ended October 2018. After such a process the List becomes valid for six months. The current List will expire on April 30, 2019. » Once a cycle of Continuous Registration has commenced anyone who will be 14-years-old or older by that time and is a Guyanese citizen by birth, descent, naturalization, or is a citizen from a Commonwealth country living in Guyana for one year or more, is eligible for registration during this exercise. During this registration exercise, persons who are eligible for registration are required to visit one of GECOM’s 28 Registration Offices across the 10 Regions, to apply for registration. » Not allowing someone who attained the age of 14 at the time that the cycle of Continuous Registration commenced to register is an offence. Section 6 of the National Registration Act, Chapter, 19:08, makes it obligatory for persons who meet the registration criteria to apply for registration. Persons eligible for registration could be prosecuted, fined and/or even sent to prison for failing or refusing to apply for registration. In the case of eligible persons under the age of 18 years by the qualifying date, the parents/guardians could be prosecuted for failure/refusal to apply for registration. » Article 42 of the Constitution provides entitlement for citizens of Guyana to be so registered. » GECOM’s website states: “Subsequent to the 2001 General and Regional Elections, political parties had agitated for legislative changes which would ensure that a new system of voter registration guarantees Guyanese in general, but more specifically their own supporters, their Constitutional right to be registered and vote at future General, Regional and Local Government Elections. This led to the introduction of Continuous Registration with two primary objectives i.e. (1) introducing a system which would ensure that all eligible persons are afforded unlimited opportunities to become registered on the National Register of Registrants Database and (2), ensuring that GECOM is in a perpetual state of preparedness which would enable it to respond to calls for elections in a timely manner thus guaranteeing eligible persons their Constitutional right to become registered in accordance with the relevant legal provisions and to cast their ballots at future General, Regional and Local Government Elections.” » GECOM is a creature of the Constitution. As an autonomous agency its responsibility is to comply with the Constitution – in this case that means readying itself for General and Regional Elections, which are due by March 21, 2019, following the successful passage of the no-confidence motion that resulted in the fall of the APNU+AFC Coalition Government. » 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; and, subject to the provisions (of ) this Constitution, the Commission – a) shall exercise general direction and supervision over the registration of electors and the administrative conduct of all elections of members of the National Assembly; and b) shall issue such instructions and take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of this Constitution or of any Act of Parliament on the part of persons exercising powers or performing duties connected with or relating to the matters aforesaid.”

DESPITE THESE FACTS, THE APNU+AFC COALITION HAS BEEN INSTIGATING THEIR SUPPORTERS TO ECHO A MISPLACED CALL FOR A HOUSE-HOUSE REGISTRATION. THE POSITION TAKEN BY THE APNU+AFC COALITION IS A CLEAR PLOY TO DELAY CONSTITUTIONALLY DUE GENERAL AND REGIONAL ELECTIONS.

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WEEKEND MIRROR 30-31 MARCH, 2019

Challenge to GECOM Chairman’s unilateral appointment moving forward at the CCJ O

n Friday (March 29, 2019) at 9:30hours, the Case Management Conference at the Caribbean Court of Justice (CCJ) will be held for the appeal in the case challenging the unilateral appointment of James Patterson as the Chairman of the Guyana Elections Commission (GECOM).

In their Notice, the Caribbean Court of Justice stated that, “Case Management Conference is convened to: 1. Give directions regarding the Notice of Application filed on the 20th day of February 2019, to inter alia, treat the Notice of Appeal filed on the 6th day of February 2019, as urgent; and 2. Determine the orders that are appropriate and necessary including the provision of timelines for filing submissions and other documents for the further progress of this case.”

Earlier this month, former Attorney General and People’s Progressive Party (PPP) Executive Member, Anil Nandlall, met with officials of the Registry of the Caribbean Court of Justice (CCJ), to urge an early hearing of an appeal filed in relation to Patterson’s unilateral appointment.

The move followed the filing of an application to the CCJ to fix an early date

for the hearing and determination of the appeal pending in that Court, in relation to Patterson’s appointment.

The Guyana Court of Appeal on October 18, 2018 upheld a High Court ruling on President David Granger’s unilateral appointment of the Chairman of the Guyana Elections Commission (GECOM). The case was filed Nandlall, on behalf of People’s Progressive Party (PPP) Executive Secretary, Zulfikar Mustapha.

In June 2018, Chief Justice (ag) Roxanne George-Wiltshire, ruled that President Granger was in order when he unilaterally appointed 85-year-old Justice (rtd) James Patterson as the Chairman of the Guyana Elections Commission. That ruling led to an appeal being filed with the Appeal Court.

Patterson was unilaterally appointed as Chairman on GECOM on October 19, 2017.

His appointment came after a meeting on the selection of a GECOM Chairperson, between Opposition Leader, Bharrat Jagdeo, and President Granger, which only lasted five minutes.

At that meeting the third list of nominees submitted

by Jagdeo was rejected by Granger.

However, at a previous meeting on June 12, 2017 – the meeting before Granger made a unilateral appointment – there was an agreement on what would be the way forward, if the third list was rejected. The June 12, 2017 joint statement said: “It was also agreed that a high-level team would be assembled representing the President and the Leader of the Opposition which will begin to work immediately on exploring modalities to bring a resolution to this matter in the event that the list is rejected.”

Given that there was a joint agreement, the Parliamentary Opposition has argued that Granger acted in bad faith when he unilaterally appointed a GECOM Chairman.

Article 161(2) provides for the appointment of a Chairman based on a consensual process in which a list of six persons, “not unacceptable to the President,” is submitted by the Opposition Leader.

A proviso included in the law allows for the appointment to be made unilaterally, where the Opposition Leader fails to submit a list “as provided for” – but Jagdeo submitted three lists, which were all rejected by President Granger.

Granger admits…

GECOM Chairman has been cooperating with APNU+AFC gov’t

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he Chairman of the Guyana Elections Commission, James Patterson, has been cooperating with the APNU+AFC Coalition Government. The declaration came from none other than President David Granger.

On Wednesday (March 27, 2019) he said, “I have been very happy with the level of cooperation I have been getting from the Chairman [of GECOM].”

Granger was also about his engagement with GECOM, given that the Caribbean Court of Justice (CCJ) has been asked to overturn the Appeal Court’s decision to invalidate the vote on the no-confidence motion, which was declared successfully passed on December 21, 2018.

He said, “I have never disengaged GECOM. As you know, I have written several letters to GECOM and the Chairman has written a very detailed letters about the preparations. Regardless of what happens at the Supreme Court, the Court of Appeal, regardless of what happens at the CCJ, we are going to ensure that satisfy GECOM’s requests. “…I have received a letter from the Chairman of GECOM. He has asked for a certain amount of money. We have to prepare that Bill because when we were deemed by the Supreme Court that there was no Cabinet, we could not go the National Assembly, because only Cabinet could submit a Bill to the National Assembly. Now that

the ruling of the Chief Justice has been set aside, Cabinet has sat and we have decided to go back [to the National Assembly]. “…as far as possible, we are going to satisfy GECOM’s needs. We are going to go back to Parliament and make requests to ensure that GECOM has everything it needs….as I said, I will continue to engage GECOM to ensure that the request made to me by the Chairman is satisfied.

“In other words, we are going to ensure that whatever happens, at any level of the judicial system, GECOM will be prepared.”

BALANCE AT GECOM VIOLATED Granger violated the bal-

ance at GECOM when he appointed, unilaterally, James Patterson as the GECOM Chairman, according to Opposition Leader, Bharrat Jagdeo. During a recent news conference, he proffered the view that the dangers of such a move have manifested itself in the waning confidence in the Commission to act independently. “GECOM is no longer an independent Commission…we have four persons, the GECOM Chairman and the government-nominated GECOM Commissioners, who take instructions from APNU,” Jagdeo said.

The Opposition Leader explained that in the past GECOM included three Commissioners nominated by the Government, three Commissioners nominat-

ed by the Opposition and a GECOM Chairman who was appointed after collaborations between the Government and the Opposition. “In the past we had a Commission with a chairman that enjoyed the confidence of both sides because of the appointment process,” he said.

With the passage of the no-confidence motion on December 21, 2018, General and Regional Elections – as per the Constitution – have to be held within three months, by March 21, 2019.

At GECOM, on 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.

Jagdeo has stressed that GECOM is a creature of the Constitution of Guyana.

He said, “GECOM is not above the Constitution. Are we saying that all the constitutional imperatives will be subjected to GECOM readiness? I pointed out to President Granger that the Constitution says that GECOM must act in compliance with the Constitution.”

Article 162 of the Constitution – ‘Functions of Elections Commission’ – address the role of GECOM.

WEEKEND MIRROR 30-31 MARCH, 2019

APNU+AFC gov’t inaction this week

9

…a snapshot of headlines making the news

APNU+AFC Coalition scrambles to reconnect with Guyanese voters Having failed to engage Guyanese for almost four years and on the heels of the successful passage of the no-confidence motion in the National Assembly on December 21, 2018, as well as the loss at the November 2018 Local Government Elections, the APNU+AFC Coalition has been scrambling to reconnect with Guyanese voters.

On Wednesday (March 27, 2019), a public day outreach, involving Coalition Government Ministers, was held.

However, Guyanese who took advantage of the public day event left with more promises of action.

Desperate Coalition gov’t now promises house lots to Guyanese after failing to address issue for four years Since taking office in 2015, the APNU+AFC Coalition Government scrapped the widely successful housing programme, started by the former People’s Progressive Party/ Civic (PPP/C) government, which saw thousands of Guyanese being able to own land.

Having failed to continue the programme to facilitate house lot allocation, the APNU+AFC Coalition, under pressure, has not promised to allocate house lots to persons who have applied.

However, the timeline within which this was promised to be done is in question.

On Wednesday (March 27, 2019), Junior Minister of Communities, with responsibility for housing, Valerie Patterson-Yearwood, claimed that in three weeks’ time land would be demarcated and could be ready for allocation as low-income to middle-income house lots, which range from $92,000 to $500,000.

The Coalition’s track record of broken promises have left Guyanese skeptical of the Minister’s attempt to assure them of real action.

Health Ministry’s track record exposes long list of broken promises The donation of a wheelchair to a victim of a hit and run accident by Minister within the Ministry of Public Health, Dr. Karen Cummings, is being sold by Government as a “promise kept” in a public relations exercise.

However, a closer examination of the Public Health Ministry’s track record in delivering for the Guyanese people exposes a long list of broken promises. At the top of that list is the failure to address persistent shortages of drugs and medical supplies to public health facilities across the country, particularly those in the hinterland.

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 June 2016. This has still not been done.

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

State resources used to host even to commission standpipes The APNU+AFC Coalition Government has been grasping at any initiative to claim success in delivering for the Guyanese people – having failed to deliver on almost all of the manifesto promises made in 2015.

State resources were used on the commissioning of standpipes at Durban Backlands community, last Saturday (March 23, 2019).

The Government has claimed that residents were witnesses of its progress in delivering the good life for Guyanese.

The Coalition has been silent on other major issues facing the community, such as the imposition of Valued Added Tax (VAT) on water consumption and the general increase of cost of living, as well as the lack of jobs and the Coalition’s failure to drive job creation initiatives.

After Appeal Court sets aside High Court’s ruling on validity of vote on NCM…

Granger admits that main issue for National Assembly sitting is approval of monies The APNU+AFC Coalition has averaged one sitting of the National Assembly per month, at the most, outside of sittings to review national budgets, and has been criticized for its thin legislative agenda.

Now, following the decision of the Appeal Court – one that is currently before the Caribbean Court of Justice – to set aside the High Court ruling on the validity of the no-confidence motion, President David Granger, has confirmed that there will be a sitting of the House soon.

However, in explaining the primary reason for the sitting, Granger pointed to the need for the House to approve monies to be spent, not any major legislation.

Already, the People’s Progressive Party/ Civic (PPP/C) has said that it would not participate in any sitting of the National Assembly until the CCJ rules, with finality, on its application for the validity of the vote on the no-confidence motion to be upheld.

The last sitting of the National Assembly was held on January 3, 2019 – where the Government called on the House Speaker, Dr Barton Scotland, to reverse his ruling on the December 21, 2018 vote on the no-confidence motion – a ruling that deemed the vote successful and the motion passed.

APNU+AFC claims it is brining gov’t to the people but fail to leave ‘comfort zone’ Engagements between Guyanese and tops officials of the APNU+AFC Coalition Government have been far and in-between – a vast difference from the regular Cabinet outreaches to communities across Guyana that was started under the former People’s Progressive Party/ Civic (PPP/C) government.

And while the Coalition Government is hailing Wednesday’s (March 27, 2019) public day as a success, many observers have noted that Government officials did not leave their ‘comfort zone’. Rather the public day was held at Square of the Revolution (Cuffy Square), in Georgetown, minutes away from the offices of the Government Ministers and other state agencies that were represented at the event. Guyanese hoping to air any grievance or request had to travel to Georgetown to do so.

As such, many contend that for the APNU+AFC Coalition to claim that it brought ‘government to the people’, the Government officials have to actually go to the people – not insist that the people come to them.

10

WEEKEND MIRROR 30-31 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 (March 28, 2019), ranging from the APNU+AFC Coalition Government’s selective adherence to the Appeal Court ruling to the challenge to the vote on the no-confidence motion to the Coalition’s continued peddling of excuses for not fulfilling promises.

Element of ‘judicial lawmaking’ evident in Appeal Court ruling A

ddressing last Friday’s (March 22, 2019) ruling by the Appeal Court, which set aside the High Court’s validation of the vote on the no-confidence motion, Opposition Leader, Bharrat Jagdeo, said the ruling departed from what the Constitution prescribed, from the clear intent of the framers of the Constitution and from the intent of legislators on the night of the vote.

“There was an element of judicial lawmaking here,” he said on Thursday (March 28, 2019), during his weekly news conference, nothing that the Appeal Court ruled that 34 – not 33 – was a majority of 65 that was needed for the passage of the no-confidence motion.

According to him, the Appeal Court judges has an obligation to review what took place, more so what was said, in the lead up to the vote on December 21, 2019, and on the night of the vote itself.

Jagdeo underscored the fact that there was acceptance that 33 votes was the necessary majority for the passage of the no-confidence motion.

“On the night of the vote, after the Speaker declared that the motion was passed, there was no objection…. nothing to say that 34 votes were needed,” Jagdeo said.

He also referred to what was said by Alliance For Change (AFC) leaders, as well as then Opposition Leader, David Granger, in 2014, when the AFC brought a no-con-

Coalition conveniently upholding Appeal Court decision T he APNU+AFC Coalition Government has demonstrated that it is duplicitous nature by selectively complying with the ruling of the Appeal Court, according to Opposition Leader, Bharrat Jagdeo.

During his Thursday (March 28, 2019) news conference, he charged that the Coalition government has latched on to the Appeal Court ruling because it overturned the High Court ruling that upheld the validity of the vote on the no-confidence motion. However, he added that the ruling also addresses the issue of dual citizenship,

which the Coalition government is ignoring.

He said, “They should all immediately resign as ministers of the government. They hold ministerial posts by virtue of being Members of Parliament…the ruling says dual citizens cannto sit as Parliamentarians…compounding this, Carl Greenidge, last week, as a dual citizen, was acting president.”

Jagdeo noted that it was Greenidge who addressed the nation after Friday’s Appeal Court ruling. In the televised address, Greenidge said, “I now appeal to all Guyanese to respect the ruling of the

Court of Appeal.”

The Opposition Leader charged that the Coalition government is acting without decency. “You cannot be convenient for calling for the decision to be upheld….they are selectively upholding the Appeal Court ruling,” he said.

Jagdeo charged that the nature of the Coalition has once again been exposed. “It is important to understand the mindset of the government.

They will do anything to hang on to power, even if it means, acting unlawfully and violating the Constitution,” he said.

APNU+AFC Coalition lacks basic decency fidence motion against the then Donald Ramotar-led People’s Progressive Party/ Civic (PPP/C) administration. He asked, “How do you overturn what the legislators intended?”

“The fact that they (the APNU+AFC Coalition) changed their minds in a political issue,” Jagdeo said.

As to the intent of the framers of the Constitution, the Opposition Leader noted that “no evidence” was provided to show that the framers held another view – one that said 33 of all 65 Elected Parliamentarians was not the majority needed for the passage of the no-confidence motion.

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

Jagdeo said, “The Con-

stitution did not say absolute majority or simple majority…when the Court inserts this, they are rewriting the Constitution and the intent of the framers of the Constitution…it would be tantamount to the judiciary rewriting our Constitution and taking the place of the legislature.”

According to him, if the Appeal Court’s decision is allowed to stand by the Caribbean Court of Justice (CCJ), it will have grave impacts for the region. He said, “Now, any no-confidence motion that is passed, a precedent can be found and used for a challenge…a challenge that could insert strange mathematics into the situation.”

Jagdeo reiterated that the clear and accepted view before and immediately after the vote on the no-confidence motion, which was held by the Coalition Government, was that 33 was the majority of 65. (SEE PAGE 19 FOR ADDITIONAL REPORTING)

P

eople’s Progressive Party/ Civic (PPP/C) Parliamentarians, with dual citizenship, will not be returning to the National Assembly, according to Opposition Leader, Bharrat Jagdeo.

The disclosure came during his Thursday (March 28, 2019) news conference and follows a declaration from Government’s Chief Whip, Amna Ally, that all dual citizens on the Coalition Government’s side – despite the Appeal Court

ruling that no dual citizen can sit as a Parliamentarian – will return to the National Assembly.

“I don’t know that there is a court action filed against anyone from attending … so all parliamentarians will be attending Parliament,” Ally said, when asked about the fate of the dual citizens on the Government side of the House.

Jagdeo said, “This government lacks decency.”

He noted that govern-

ment intends of benefiting from the vote of its dual citizens, despite the Appeal Court ruling, and despite its move to attempt to invalidate the vote on the no-confidence motion on the grounds that the former Government Parliamentarian, Charandass Persaud, was a dual citizen.

Government Parliamentarians, Carl Greenidge, Joseph Harmon, Dominic Gaskin, Rupert Roopnarine are confirmed dual citizens.

Engagements with international community continue F ree and fair elections are on the top of the agenda of People’s Progressive Party/ Civic (PPP/C) in its continued engagements with the international community.

During his Thursday (March 28, 2019) news conference, he said, “We are still engaging the international community…we are engaging them about our concerns about GECOM and the role of GECOM moving forward…free and fair elections is very important...the President has talked about credible elections, but the focus is on free and fair elections.

Representatives of the United

A recent meeting between the diplomatic corps and the Parliamentary Opposition

States of America (USA), Britain and Canada, as well as the European Union (EU), are among those being engaged by the Parliamentary Opposition.

11

WEEKEND MIRROR 30-31 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 (March 28, 2019), ranging from the APNU+AFC Coalition Government’s selective adherence to the Appeal Court ruling to the challenge to the vote on the no-confidence motion to the Coalition’s continued peddling of excuses for not fulfilling promises.

Process to decide on Granger continues to prime ministerial demonstrate that he is candidate agreed on out of touch with reality of Guyanese O nce a date for General and Regional Elections is set, the process to decide on a prime ministerial candidate for the People’s Progressive Party/ Civic (PPP/C) will be triggered, according to Opposition Leader, Bharrat Jagdeo.

During his Thursday (March 28, 2019) news conference, he disclosed that the process to decid eon the prime ministerial candidate has been agreed on. “Once an election date is set we will start the process. We can finish that process in a week.”

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

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

Where is the $30B bond?

Q

uestions about the $30B bond secured by the Coalition Government have resurfaced. Opposition Leader, Bharrat Jagdeo, on Thursday (March 28, 2019), asked: “Where is $30B? Where is this money? What is it being used for?”

Months after the move

by National Industrial and Commercial Investments Limited (NICIL), under the instructions of the APNU+AFC Coalition Government, to borrow $30B, there is still little clarity on the arrangement.

Earlier in March, Guyana Sugar Corporation (GuySuCo) executives, on the condition of anonymity, indicated that they are yet to see the terms of the Bond. GuySuCo’s management contends that the corporation has been left in the dark.

Last year, NICIL’s Special Purposes Unit (SPU) acquired the $30B bond.

In the latter part of June 2018, a leaked document - ‘The Private Placement Memorandum’ – details the arrangements of the $30B fixed rate bond.

The document shows that NICIL plans to sell off assets of GuySuCo, including land, to help pay off the $30B, plus interest, that it has borrowed. The document shows that NICIL expects to start selling of GuySuCo lands in 2018 and expects to collect $14B in 2018 and another $22B in 2019. “The cash generated from operations appears sufficient to service the coupon and repayment of the principal for the bond facility,” the document said on page 14.

Notably, before now it was unclear if the $30B was a bond or a loan. The document makes clear that it is a bond.

The document also explains that the move to issue

the Bonds, at a 4.75 per cent interest rate, is a five-year agreement. Interest is payable semi-annually, starting October 2018. The Bonds will mature in April 2023.

Also, the bonds have been issued “free and clear” of all corporate taxes. It has also been issued 355 basis points above one-year Bank of Guyana Treasury Bills.

Additionally, the bonds have been secured by a government guarantee.

The 17-page document said the $30B bond facility is being arranged by Republic Bank, raising questions as to the amount of fees that are being paid to the bank.

Republic Bank has since halted disbursements of the bond monies over concerns related to spending mismanagement. It is unclear if these concerns were addressed and how much more monies were disbursed, if any.

Volda Lawrence ‘busy campaigning’ while health sector deteriorates

H

ealth Minister, Volda Lawrence, came in for blows on Thursday (March 28, 2019). Opposition Leader, Bharrat Jagdeo, during his weekly news conference, charged that while Lawrence is “busy campaigning” the deterioration in the health sector continues.

The Opposition Leader pointed to the

persistent drug shortages, procurement scandals and the increasing maternal and infant mortality rates.

“This is the government that promised better health care,” he said.

Jagdeo charged that Guyanese are witness to increasing evidence of the APNU+AFC Coalition Government’s incompetence.

C

omments by President David Granger on the uncertainty in the business community – stemming from the unsettled challenge to the vote on the no-confidence motion on the business community – evidence, yet again, that he is out of touch with the reality of the Guyanese people.

This is according to Opposition Leader, Bharrat Jagdeo, during his Thursday (March 28, 2019) news conference, where he noted the

views expressed by major representative private sector groups.

When asked about the impact of political uncertainly on the local business community, Granger on Wednesday (March 27, 2019), said, “There is no chaos or confusion or crisis in the political situation. Everything that has happened since December 21, 2018 has been logical and, on the part of the Government, it has been within the framework

of the law….as far as I am concerned, the Government has done nothing to engender any disorder or any despair in the business community.”

Meanwhile, the Georgetown Chamber of Commerce and Industry (GCCI), the Central Corentyne Chamber of Commerce and the Private Sector Commission (PSC) have all expressed concern about Guyana’s current business climate, owing to happenings in the political arena.

Commonwealth team expected to meet with GECOM, others after CCJ ruling A

s international interest in the political situation grows, yet another group is set to meet with local stakeholders.

A team from the Commonwealth Secretariat, is expected to be in Guyana soon.

Meetings are confirmed between the Commonwealth Secretariat team and the Guyana Elections Commission (GECOM), among other key groups.

The Commonwealth Secretariat team will being their meetings after the Caribbean Court of Justice (CCJ) has handed down its ruling in the challenge to the validity of the no-confidence motion vote.

The motion was passed on December 2, 2018. It was then challenged by the APNU+AFC Coalition government which had initially accepted its defeat – in the High Court, which upheld its validity on January 31, 2019. At the Appeal Court, the High Court’s ruling was set aside on March 22, 2019. The CCJ is expected to make a final pronouncement on the matter.

The Commonwealths Team was expected to be in Guyana on Wednesday (March 27, 2019). However, with the legal process still ongoing, the visit was postponed to a later date.

12

WEEKEND MIRROR 30-31 MARCH, 2019

APNU+AFC Coalition 'defied the Constitution and sank into illegality' for a record 16 hours – Teixeira

T

he APNU+AFC Coalition Government held office illegally for 16 hours last Friday (March 22, 2019) and the countrywide protest actions, organised by the People’s Progressive Party/ Civic

(PPP/C) earlier that day, demonstrated the Party’s ability to mobilise support of Guyanese to fight for Guyana’s democracy.

This is according to PPP Executive, Gail Teixeira, who in an invited comment,

explained that: “From mid night March 21, 2019 to 18:00 hours – a period of 16 hours – the APNU+AFC Coalition government was illegal. At midnight, the deadline of 90 days – a deadline stipulated in Con-

stitutional Articles 106 (6) and (7) following the passage of the no-confidence motion – expired.

“Prior to midnight on March 21, 2019, it had already lost the mandate to govern at the November 12,

2018 Local Government Elections, and lost the confidence of the legislature of 33 to 32 majority vote.

“For 16 hours the APNUAFC government was unconstitutional and illegal. The ruling of two of the three Judges of the Appeal Court on March 22, 2019 ‘saved’ the Coalition Government. Had the Appellate Court not ruled as it did, the Coalition would have continued to be illegal.”

With the deadline having passed at midnight on March 21, 2019, the Ap-

prepared to take this country down that dangerous and unchartered route.

“That legacy can never be removed from the

“One wonders if the regional bodies such as the CARICOM (the Caribbean Community) and OAS (Organisation of America States) recognize how significant this development was to the Region's stability and reputation as a region of peace and constitutional rule and democracy.” - PPP Executive, Gail Teixeira peal Court by 18:00hours on March 22, 2019 overturned the ruling of the High Court, handed down on January 31, 2019 – a ruling that upheld the validity of the vote on the no-confidence motion, which was filed by the PPP/C in the National Assembly on November 15, 2018 and debated and declared successful passed in the National Assembly on December 21, 2018, by House Speaker, Dr Barton Scotland.

According to Teixeira, Guyana stands out in the Caribbean region for having an illegal government for 16 hours.

She said, “I have searched in the CARICOM member countries for any such precedent and have found none. The APNU+AFC Coalition has now put Guyana on the political world map as a government that ‘overthrew the constitution’ in its bid to hold onto power and sat in office illegally. They defied the Constitution and sank into illegality and unconstitutionality and was

Granger-led government, no matter what happens at the CCJ (Caribbean Court of Justice). The Granger-led government have gone down in history not only in Guyana, but in Caribbean Region for this executive lawlessness.

“One wonders if the regional bodies such as the CARICOM (the Caribbean Community) and OAS (Organisation of America States) recognize how significant this development was to the Region's stability and reputation as a region of peace and constitutional rule and democracy.”

Notably, prior to the March 21, 2019 deadline and the March 22, 2019 Appeal Court ruling, letters were dispatched to the Commonwealth, the Commonwealth Parliamentary Association (CPA), the Organisation of American States (OAS) and the Caribbean Community (CARICOM) calling for non-recognition of the APNU+AFC Coalition once it took on the status of an illegal government.

WEEKEND MIRROR 30-31 MARCH, 2019

13

Thousands of Guyanese support protests of illegalities committed by APNU+AFC Coalition gov’t G

uyanese across the country, on Friday (March 22, 2019), joined the People’s Progressive Party/ Civic (PPP/C) in protests of the illegalities committed by the APNU+AFC Coalition. As of midnight, March 21, 2019, the Coalition Government held office illegally, following its inaction in the constitutionally mandated three-month period – a deadline that was imposed after the passage of the no-confidence motion on December 21, 2018. Hours after the protest, on Friday (March 22, 2019) afternoon, the Appeal Court handed down its ruling which overturned the High Court decision – one that had upheld the validity of the vote on the no-confidence motion. The PPP/C has since moved to the Caribbean Court of Justice (CCJ).

REGION 2

REGION 3

14

WEEKEND MIRROR 30-31 MARCH, 2019

Thousands of Guyanese sup committed by APNU+ GEORGETOWN

WEEKEND MIRROR 30-31 MARCH, 2019

15

pport protests of illegalities +AFC Coalition gov’t

REGION 9

REGION 10

16

WEEKEND MIRROR 30-31 MARCH, 2019

Thousands of Guyanese support protests of illegalities committed by APNU+AFC Coalition gov’t BARTICA

REGION 5

REGION 6

17

WEEKEND MIRROR 30-31 MARCH, 2019

Miner claims Mahdia Magistrate’s Court being built on his leased lands E

ast Coast Demerara (ECD) miner, Royston Stuart, claims that the Mahdia Magistrate’s Court is being constructed on lands that he holds the mining claims to and he has threatened to take legal actions if works are not ceased immediately.

Stuart of 70 Ann’s Grove Housing Scheme, ECD, is the holder of Claim Licence, dated September 2, 2016, issued under the authority of the Mining Act 1989 and the Mining Regulations by the Guyana Geology and Mines Commission (GGMC) in respect to a certain tract of State land in Mining District Number 2.

Despite that Claim Licence being valid and subsisting, Stuart alleged that without his permission, lease, let or license, a group of men, unknown to him, have entered upon a part of the land allotted to him in the Claim Licence and have begun the construction of a building that is intended to be used to house the Mahdia

Magistrate’s Court.

The miner is being represented by former Attorney General, Anil Nandlall. A March 22, 2019 letter from Nandlall to Registrar of the Supreme Court, Sueann Lovell, states that, “Unless the construction works… cease forthwith, and all structures constructed be demolished and removed from our client’s land within seven (7) days from the date hereof, we will have no alternative but to approach the High Court for a number of legal redress including injunctions and damages for trespass.”

The letter was copied to Acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards; Chief Justice (ag), Roxanne George-Wiltshire; and Natural Resources Minister Raphael Trotman, as well as Junior Natural Resources Minister, Simona Broomes.

Nandlall contends that his client had previously lodged a complaint with the

GGMC since 2017 and as a result, a Mines Officer of the Commission informed those conducting the construction that it was being done on Stuart’s Licenced Claim and that the works must cease. However, according to Attorney Nandlall, these instructions have been ignored.

He added too that Stuart had also filed a complaint in writing on January 17, 2019, with Trotman and Broomes.

However, those complaints were made in vain.

“We sincerely hope that unnecessary litigation can be avoided and that good sense will prevail. I respectfully await your urgent response,” Nandlall stated in the letter.

The Mahdia Magistrate’s Court is being constructed in Region Eight (Potaro-Siparuni) to the cost of $140.385 million. The construction of the court comes under provisions made available to the Supreme Court to fund its 2019 work programmes.

Chaos ensues during struggle for control of AFC’s Region 6 Management Committee I

nfighting in the Alliance For Change (AFC), relative to control of the Party’s Region 6 (East Berbice/ Corentyne) Management Committee (RMC) saw chaos ensuing, as well an alleged altercation that resulted in the Guyana Police Force (GPF) being called in.

Last Saturday (March 23, 2019), General Secretary of the AFC, Marlon Williams, met with executive members of the recently elected Regional Management Committee (RMC) to inform them that a new RMC elections will be held.

The RMC Executives include: Linden Jones; Donna Mathoo; Gobin Harbhajan; Kumar Bridgelall; Camilie Cox; George Stanley; Raynard Ward; Mavis Nagamootoo; and Terrence Moore. They were elected after a March 17, 2019 meeting that was held at the St Francis Community Developers building at Port Mourant. The Returning

Officer was Audwin Rutherford who is also a Member of Parliament and the national observer was Joel Edmond who is a member of the AFC’s National Executive.

The March 17, 2019 meeting was the second in two months.

The first election was held on February 17 at Khemraj Ramjattan’s residence at Number 47 Village, Corentyne. At that election, Subash Orelall was appointed as Chairman and Devin Sookraj as the Vice-Chairman. The Returning Officer for that proceeding was Derrick Basdeo, the AFC’s National Executive Member representing the diaspora.

Basdeo reportedly told the February 17, 2019 meeting attendees that he was sent by the NEC to facilitate the Election. However, days later, the AFC General Secretary disclosed that Basdeo was never mandated to hold

any elections.

That disclosure led to a new meeting and a new election on March 17, 2019.

Now, reports are that the March 17, 2019 election did not produce the ‘expected’ results. As such, on March 23, 2019, the AFC General Secretary called for new elections.

Williams’ announcement to hold new elections did not go down well with some members and as such, the meeting turned into a turmoil. Reports are that the newly-elected RMC Chairman, Linden Jones, reportedly armed himself with a piece of wood and advanced towards some of the other members. The incident led to Basdeo filing a complaint against Jones at the Central Police Station at New Amsterdam.

The infighting comes at a time when the AFC is preparing for its National Congress, which is scheduled for next month.

President to start radiotherapy next month P

resident David Granger returned to Guyana from Cuba last Saturday (March 23, 2019), following his seventh visit there for chemotherapy.

President Granger is expected to commence radiotherapy in early April 2019.

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, Non-Hodgkin Lymphoma.

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. For his sixth and final round of chemo, Granger left Guyana on February 26, 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.

18

Appeal Court sets aside High Court’s validation of vote on no-confidence Acting Chancellor says Coalition’s foreign lawyer’s was ‘attractive’ motion ‒formula A

rticle 106 (6) of the Constitution states that: “The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence” – a majority that the 65 Parliamentarians, as well as the Speaker of the National Assembly, Dr Barton Scotland, accepted to be 33 votes. This was also the essence of the ruling made by Chief Justice (ag), Roxanne George-Wiltshire.

In her January 31, 2019, ruling the Chief Justice (ag) said: “The Applicant [Attorney General, Basil Williams] admitted in his oral submissions, no one in the National Assembly at the time, neither the elected members nor anyone else, indicated to the Speaker that the vote could not be carried by a majority of thirty-three – thirty-two

(33-32)….in our 65-member National Assembly, therefore, a majority of all elected members of the National Assembly, in accordance with the principle of “one over all rivals combined”, is thirty-three (33) members.

This is so since the maximum number of potential opposers can only be thirty-two (32).”

Last Friday (March 22, 2019), the Appeal Court set aside this ruling in a 2-1 vote. Justice Rishi Persaud in his ruling agreed with the Chief Justice (ag). However, Acting Chancellor, Yonnette Cummings-Edwards, and Justice Dawn Barnes-Gregory ruled that an “absolute” majority of 34 was needed for the vote on the no-confidence motion to be valid.

According to Cummings-Edwards and Barnes-Gregory the “absolute” majority is derived by dividing 65 by two, then

rounding up, then adding one [65/2 =33.2; 33.2 rounded up is 33; and 33+1=34].

This formula was the essence of arguments raised by the Grenadian Queen’s Counsel, Dr. Francis Alexis, who was brought in by the APNU+AFC Coalition government to take the lead in the case.

Cummings-Edwards, in justifying her ruling, said, “I am of the view that the formula advanced by Dr [Francis] Alexis is attractive in the circumstances.”

Barnes-Gregory also stressed that she relied on Alexis’ arguments.

Justice Persaud, in his ruling to uphold the decision of the Chief Justice (ag), said, “I base my interpretation on the clear and unambiguous wording of Article 106 (6).”

The matter is now before the Caribbean Court of Justice (CCJ).

WEEKEND MIRROR 30-31 MARCH, 2019

CCJ to settle case management details in appeal of no-confidence motion case

A

Notice of Application for Special Leave to the Caribbean Court of Justice (CCJ), relative to the decision by Guyana’s Court of Appeal to set aside the High Court’s validation of the vote on the no-confidence motion, was filed on Tuesday (March 26, 2019).

In the Application, the lawyers representing the Opposition Leader applied for several things, including: 1. An order pursuant to Section 8 of the Caribbean Court of Justice Act, Chapter 3:07, Laws of Guyana granting the Applicant/Intended Appellant special leave to appeal the majority Judgement of the Court of Appeal of Guyana (Cummings-Edwards, acting as Chancellor, Gregory JA; and Persaud JA, Dissenting) delivered on the 22nd March, 2019 in Civil Appeal No. 27 of 2019; 2. An order treating the hearing of this application as urgent and a further order for an expedited hearing of the application;

3. An order directing that the hearing of the application for special leave to appeal be treated as the hearing of the appeal against the majority judgement of the Court of Appeal given on the 22nd March, 2019 in Civil Appeal No. 27 of 2019 and that the following orders be made in the appeal: 4. An order setting aside and/ or reversing the majority judgement of the Court of Appeal of Guyana given on the 22nd March, 2019 in Civil Appeal No. 27 of 2019 ad restoring the decision of the acting Chief Justice made on the 31st January, 2019; 5. A declaration that Resolution of the National Assembly No. 101 is valid and affectual; 6. A declaration that the no confidence motion moved by the Leader of the Opposition was validly passed on the 21st December, 2018 by a majority of all the elected members of the National Assembly; and 7. A declaration that thir-

ty-three (33) votes/members constitutes a majority of all the elected members of the National Assembly within the meaning of Article 106 (6) of the Constitution of Guyana; The Notice of Application was served electronically on the Respondents – Attorney General, Basil Williams, and House Speaker, Dr Barton Scotland.

In an invited comment, former Attorney General and one of the Attorneys-at-Law in the Appeal, Anil Nandlall, said, “There will be a Case Management Conference (CMC) conducted by the CCJ, Friday morning (March 29, 2019), in respect of this matter. We expect that directions will be given by the Court, which will bring about an early hearing and determination of the appeal.”

Civil society, as well as the Parliamentary Opposition, has expressed calls for the CCJ to act expeditiously in dealing with the case.

Private Citizen moves No agreement to views on ‘absolute’ majority – Nandlall that there was which brought that provision to CCJ to challenge Notions agreement by all attor- of the Constitution into force. neys in the case before the I further recall respectfully Appeal Court, related to the submitting that the framers Appeal Court’s challenge to the vote on the of that amendment could motion, to not have been unacquainted invalidation of vote no-confidence the concept of “absolute” and unfamiliar with the term was rubbished by "absolute majority", a wellon the no-confidence majority former Attorney General, known term of art but yet Anil Nandlall. they chose not to use it and Nandlall, was reprethat fortified my belief that its motion senting Opposition Leader, omission was deliberate.

A

ttorneys for Christopher Ram, on Monday (March 25, 2019), filed an application with the Caribbean Court of Justice (CCJ) seeking special leave to appeal Guyana’s Appeal Court’s decision to invalidate the vote on the no-confidence motion – a vote that was upheld by the High Court.

Attorneys-at-law, Kamal Ramkarran and Devindra Kissoon, are representing Ram. They have asked that application be urgently heard and determined within seven days, with the abridgment of all timelines as is necessary in order to prevent the “violation of the Constitution” and “the threat to democracy and adherence to the rule of law” that follow from that violation.

In the application, Ram is seeking a reversal of the Appeal Court’s decision, which was handed down on March 22, 2019.

He has also asked the CCJ to validate the Decem-

ber 21, 2018 passage of the no-confidence motion.

Further, Ram has called on the CCJ to order President David Granger and the Guyana Elections Commission (GECOM) to ensure that General and Regional Elections are held no later than April 29, 2019.

Ram is arguing that Guyana’s Court of Appeal erred in finding that the passage of the motion required an absolute majority in order to validly and lawfully pass in the National Assembly and erred in finding that 33 was not a majority of 65.

In the Notice of Application, the named respondents are: Attorney General, Basil Williams; Opposition Leader, Bharrat Jagdeo; and APNU General Secretary, Joseph Harmon. The application also requests that President Granger and GECOM be joined as parties to the proceedings in order to ensure an effective remedy in the action.

Bharrat Jagdeo, in the case before the Appeal Court. In a letter to the Acting Chancellor, Yonnette Cummings-Edward, on Tuesday (March 26, 2019), he said: “On a number of occasions during the course of the rulings in the Appeals at caption, it was stated that all the Counsel who appeared agreed that Article 106 (6) of the Constitution captured the absolute majority formula by the language used in the Article.

“I wish to respectfully remind Your Honour that I did not express any agreement with such a view. Indeed, I do recall during the hearings the Honourable Court inviting me to do so, but I respectfully declined that invitation by intimating that the term "absolute" was not used as a prefix to the word "majority" by the framers of that Article (neither does it appear anywhere else in the Constitution).

“I emphasized that same must have been deliberate by the framers of the amendment

“Additionally, I respectfully adumbrated that the said Article was couched in sufficiently clear language which mandates that it be accorded its literal and grammatical meaning and that there is no basis to import words into the Article which the framers did not use. My clear, axiomatic and consistent position was that thirty-three (33) is a numerical, grammatical and legal majority of all elected members of the National Assembly. Needless to say, that my written Submissions mirrored my oral argumentations.

“I respectfully request that my position on this issue be accurately reflected in the final decisions that the Court will hand down in these matters.”

There has been no publicized response to his letter.

Additionally, the written rulings that were handed down by the Appeal Court last Friday (March 22, 2019), have not yet been made available.

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WEEKEND MIRROR 30-31 MARCH, 2019

‘Strange mathematics cannot change what is in the Constitution’ – Jagdeo T

he Constitution of Guyand Prime Minister, Moses faced with the possibility of while some may view the ana is pellucid on what Nagamootoo, accepted that a drawn out process led by Appeal Court’s ruling as number of votes is needed the PPP/C no-confidence the Coalition, if the Appeal a setback, the PPP/C was for the passage of a no-confimotion was validly passed in Court had gone in a different aware that the Appeal Court dence motion; it is a majority the House. direction. represented a hurdle, more of all elected Parliamentarians – the majority of 65 is 33 “I thought if the Chief Justice’s ruling was to be overturned, votes. The declaration was made by Opposition Leader, it would have been on another technicality, not this one…

Bharrat Jagdeo, on Friday this is probably the weakest argument.” – Opposition Leader, (March 22, 2019) evening in Bharrat Jagdeo a televised video recording, following the hot-button issue that was the ruling of the Appeal Court on the cases Relative to the Guy- so, considering the rulings related to the no-confidence MOVE TO THE CCJ ana Elections Commission in political cases – such as motion.

Making it clear that the (GECOM), Jagdeo stated the the challenge to the uniThe Court of Appeal on ruling of the Appeal Court PPP/C will continue to call lateral appointment of the Friday overwill be respect- for GECOM to be prepared Chairman of GECOM by turned the ed, Jagdeo dis- for early elections. “There President Granger. ruling of the “In the case of a requirement for a majority of all elected mem- closed that the is a great possibility that the “I urge all of you not to Chief Justice bers of the National Assembly at least thirty-three (33) votes People’s Pro- CCJ will overturn the ruling be dejected…we have to (ag), Roxanne must always be obtained to meet that requirement.” gressive Party/ of the Appeal Court….if it keep working hard, talking George-WiltCivic (PPP/C) is overturned and GECOM about what we stand for and shire, relative – Chief Justice (ag), Roxanne George-Wiltshire will be mov- is not prepared, there could bringing people together… to one of the we knew that this was a hurused by the Appeal Court three cases that challenged dle, but that is why we have “The Applicant [Attorney General, Basil Williams] admitted in to overturn the ruling of the the validity of the vote on an external review, by way Chief Justice (ag). “I thought his oral submissions, no one in the National Assembly at the the no-confidence motion on of the CCJ,” the Opposition if the Chief Justice’s rulDecember 21, 2018 – a vote Leader said. time, neither the elected members nor anyone else, indicated ing was to be overturned, it that was upheld by GuyHe added that the PPP/C to the Speaker that the vote could not be carried by a majorwould have been on another ana’s Legislature. In a 2-1 will remain mobilized and technicality, not this one… ity of thirty-three – thirty-two (33-32).” – Chief Justice (ag), continue to work to exvote, Justices Yonnette Cumthis is probably the weakmings-Edwards and Dawn pose the nature of the APRoxanne George-Wiltshire est argument,” Jagdeo said, Gregory ruled that the 33 NU+AFC Coalition. “We adding that the ruling of the votes is not a majority of 65; will continue to work across the elected members nor Chief Justice was profound rather it is 34. Justice Rishi ing swiftly to the Caribbean be further delays. If we do all of Guyana…people have anyone else, indicated to the and well-reasoned.

Persaud voted to uphold the Court of Justice (CCJ). prevail at the level of the seen the true nature of this The Chief Justice in her Speaker that the vote could ruling of the Chief Justice “We hope that we will be CCJ, then GECOM must government…they want not be carried by a majority ruling had said: “While the (ag), which was handed down able to convince the CCJ that be ready for Elections soon, to hang on to power…the terms ‘simple majority’ and of thirty-three – thirty-two on January 31, 2019. the no-confidence motion has very soon,” he said. struggle has to be intense… ‘absolute majority’ may be (33-32).

Jagdeo noted that Article been validly passed,” he said. they cannot hide from an “…in our 65-member useful in common parlance 106 (6) of the Constitution According to him, the MESSAGE TO election forever…they can National Assembly, therefor the purposes of interprestates that: “The Cabinet adverse ruling of the Appeal SUPPORTERS hang around for a while, but fore, a majority of all elected tation – and some Constituincluding the President shall Court allows the PPP/C to Addressing supporters they cannot hide forever… members of the National tions do have such language resign if the Government pursue the matter swiftly at of the PPP/C directly, Jag- the Election will come,” the – it might be best to focus Assembly, in accordance is defeated by the vote of a the CCJ; as opposed to being deo acknowledged that the Opposition Leader said. with the principle of “one on the meanings of those majority of all the elected over all rivals combined”, is terms instead of the terms members of the National themselves. That is, instead thirty-three (33) members.

Assembly on a vote of conof asking what constitutes This is so since the maximum fidence.” an ‘absolute majority’, this number of potential opposers According to him, the Court will consider what can only be thirty-two (32).”

Constitution is clear in sayThe Opposition Leader constitutes a ‘majority of he People’s Progressive Party/ Civic (PPP/C) is now available on WhatsApp number ing that the vote is valid noted that in 2014 when the all elected Members of the 592-611-PPPC (7772) and it encouraging Guyanese, who are interested in political if a majority of all elected Alliance For Change (AFC), National Assembly’. activism and volunteering, to contact the Party.

Parliamentarians – 33 Parlia“…in the case of a re- supported by A Partnership WhatsApp allows persons to message from Guyana other countries at no cost. mentarians – cast their vote quirement for a majority of for National Unity (APNU), Operators are manning the line on a 24-hour basis and interested Guyanese are asked in favour of the passage of to communicate this to the Party. all elected members of the advanced a no-confidence a no-confidence motion. He National Assembly at least motion against former Presadded that all right-thinking thirty-three (33) votes must ident Donald Ramotar, it Guyanese would concluded always be obtained to meet was done with the explicit that 33 is the majority of acknowledgement that AFC that requirement.

65 – a conclusion that was “…it must be noted here and APNU had the 33 votes extensively addressed by that in the no confidence mo- that were needed for their the Chief Justice (ag) in her tion moved in our National no-confidence motion to be ruling. “No strange matheAssembly the Speaker found successful. matics can change what is in He added that prior to the that the motion had been the Constitution…a majority December 21, 2018 vote the carried by a majority of thirof all elected members in the Coalition Government boastty-three – thirty-two (33-32).

National Assembly is 33,” ed that it had 33 votes and, “It must also be noted Jagdeo said. therefore, the no-confidence that, as the Applicant [AttorHe explained that the ney General, Basil Williams] motion could not be passed argument about a vote of 34 admitted in his oral submis- with a vote of 32. After the being needed was not the sions, no one in the National vote, according to him, both argument he expected to be Assembly at the time, neither President David Granger

Guyanese interested in volunteering asked to contact Party

T

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WEEKEND MIRROR 30-31 MARCH, 2019

‘Significant progress made under succ administrations to improve welfare of 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!

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WEEKEND MIRROR 30-31 MARCH, 2019

cessive PPP/C f Amerindians’ AMERINDIAN LAND TITLING PROJECT (ALT)

In 2010, MoAA together with UNDP and the Office of the President initiated a Land titling Project that sought to process applications for titling and demarcation. When it started, some 13 new communities were considered for titling, 32 applications for extension of land were made; and 33 Villages were demarcated.

Some US$10.75 was been allotted for the project under the LCDS-GRIF. A Project Management Unit was established in June 2014 to facilitate the implementation of the project. Under the APNU+AFC Government, the Unit was disbanded.

Government of Guyana has also allotted $77.9M in its 2013 national budget for this purpose.

This means that 89% of eligible villages have thus far been titled, and only 11% remains to be titled by 2015.

TRANSPORTATION

The PPP/C government consistently allocated funds for Land and Water Transport to improve transportation services in villages, and thus improving Access to hospitals and health centers and posts.

Boats, outboard engines, ATVs, Mini-buses, Pick-ups, Motorcycles have been provided to almost all the villages through the years; and more.

PRESIDENTIAL GRANTS

From the year 2007 to 2013, the Government of Guyana invested $1,172,000,000 to 189 Amerindian communities for Economic, Agriculture, Tourism, Infrastructure, Transportation, and Social Projects.

In 2012 and 2013 alone $M359, 800,000 was allotted for this program to 189 Amerindian Communities. In 2014, 200M is allotted for this project, and 28 villages have thus far received their grant.

EDUCATION

Access to Primary Education was advanced and 100 % of villages have primary schools Better access to secondary education was pushed and through 14 secondary schools in the hinterland were set up.

Under the Hinterland Scholarship Programme sixty two (62) students were awarded Hinterland Scholarships in 2014. In 2013, 430 total students are in the roll which is an 18% increase from the total of 362 students in 2012.

An average of 50 Hinterland students per year for the past decade is added to the list of grantees.

Some $94.5M spent for Liliendaal, East Coast Demerara, with state of the art facilities, was home to an average of 90 students per year . All secondary schools have dormitories.

The cost per student per year in the Dormitory is $994,780; (inclusive of transportation and allowances).

The Cost per student living with Guardians in the Interior is $214,000 per year. For those living in Dormitories in the region including President’s College is $99,000 per year.

School Uniform Distribution commenced in 2007 to increase school attendance in hinterland areas by ensuring students have the necessary uniforms. The programme benefitted 30,000 hinterland students from Regions 1, 7, 8, and 9.

The Appeal Court ruling leaves voting consistency unreconciled Dear Editor

W

ith respect to the No-Confidence Voting, the Appeal Court of Guyana has ruled in the APNU+AFC’s favour.

This decision seems to suggest that there is one set of rules for Parliamentarians and another set of rules for the rest of Guyanese in particular with respect to GECOM’s 5 votes cast where three is a majority and the Appeal Court’s own voting with 3 votes cast where 2 is

the majority.

How does the Guyana Appeal Court reconcile the differences in approach used?

Had it ruled that 33 is the majority out of 65 votes cast then there would not be a need to reconcile – since 3 would be a majority out of 5 GECOM votes cast, and 2 would be the majority out of 3 Appellate court votes cast.

Yours faithfully, Sean Ori

Appeal Court decision rests on unsupported grounds Dear Editor,

I

take the informed view that the Court of Appeal’s ‘attractive’ formula is unsound. The 2-1 decision rests on unsupported grounds – irrelevant case law. At the same time, everyone seemed to have experienced selective amnesia. Did they forget to mention the March 26, 1979 no-confidence motion which the British Labour Party led by James Callaghan lost by one vote, or was it intentional misleading of the Court? In addition, the Chancellor’s position reflects a flawed attempt at judicial activism.

First, the Chancellor’s position that the framers intended 106(6) to be an ‘absolute majority’ is absurd.

The intention of the framers is clear in 106(6); they wrote ‘a majority of all elected members’. If they wanted absolute majority they would have inserted ‘absolute’ in front of ‘majority’ in the clause. Why did they include two-thirds majority for extension of the 90 days in 106(7)? Is it not clear they knew what they were doing? The decision became more ridiculous when the Chancellor stated that she found Dr Alexis’ and other proponents’ unsupported formula ‘attractive’ which gave rise to the notion of 34 as the majority. One would have expected words such as ‘appropriate’, ‘applicable in our context’ that such formula ‘affords a more plausible solution’.

Furthermore, not even one of the cited cases support the ‘attractive’ formula. At best, the cases represented a pale attempt to equate our no-confidence legislation with those cited. First, the Vanuatu constitution calls for ‘absolute majority’ in an even number 52-seat parliament. That is, 52 divided by two plus one equals 27.

Even though there was an abstention in the voting the absolute majority remained 27. Second, the Anguilla House of Assembly, comprised of eleven members in addition to the Speaker, requires two-thirds of 11 + 1.

Since two-thirds of eleven members equal 7 and onethird, the Speaker interpreted Section 52 (2) to mean that the next highest whole number, 8, represented the applicable quorum. The issue was whether the fraction should

be rounded up or down. Saunders J, as he then was in 2000, held that the Speaker was right to take the view.

Third, with regards to the Kenyan 221-Member Parliament, there are constitutional provisions for a no-confidence motion. The Speaker applied the formula expounded by Saunders J in the Anguilla case, to determine the majority needed to pass the motion. Since there is no half Member, the Speaker rounded 110.5 to the nearest whole number which is 111. Note however, that the Speaker announced prior to taking the votes that “majority vote for the purposes of Section 59(3) of the Constitution, is therefore 112. The motion will therefore only be carried if 112 of you vote for it. If it does not attain that number, it will be deemed to have failed.”

The voters clearly agreed to the 112 before casting their votes. It should also be clear that none of those three situations apply in the context of Guyana. We didn’t have to go through any of those rituals to determine majority.

An argument can be made that the Chancellor took upon herself to engage in judicial activism. However, such activism has been used to advance legal changes based on sociopolitical and technological changes which have rendered some laws/legislation outmoded in promoting justice. In a time of rapid social and technological change, old common law precedents are sometimes silent or not really applicable to the legal problem in hand. It should be noted here that, in the context of Guyana, we are not dealing with archaic laws/ legislation or precedent; our constitution went through broad-based consultations that resulted in the reforms of several aspects/clauses less than two decades ago.

Therefore to attempt judicial activism, as one former Chief Justice of Australia put it, could amount to usurping Parliament’s function and give judges a power which the vast majority of them are incapable of exercising.

It can be corrosive of the rule of law, and destructive of obedience to the law, if judges did not themselves conform to, and uphold, clearly settled rules of law.

Yours faithfully, Ronald Singh

22

WEEKEND MIRROR 30-31 MARCH, 2019

Remembering the life and legacy of Janet Jagan (Janet Rosenberg Jagan was the first female President of Guyana, serving from December 19, 1997, to August 11, 1999. She previously served as the first female Prime Minister of Guyana from March 17, 1997, to December 19, 1997. Mrs. Jagan worked closely with her husband, Dr. Cheddi Jagan, during the long years of struggle for democracy in Guyana.

Mrs. Jagan died on March 28, 2009. As such, several activities are being hosted in the Month of March to remember her life and legacy)

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WEEKEND MIRROR 30-31 MARCH, 2019

Remembering the life and legacy of Janet Jagan

(Janet Rosenberg Jagan was the first female President of Guyana, serving from December 19, 1997, to August 11, 1999. She previously served as the first female Prime Minister of Guyana from March 17, 1997, to December 19, 1997. Mrs. Jagan worked closely with her husband, Dr. Cheddi Jagan, during the long years of struggle for democracy in Guyana, leading up to 1992. Mrs. Jagan died on March 28, 2009. Several activities are being hosted in the Month of March to remember her life and legacy)

On the legacy of the iconic Janet Jagan

By Indra Chanderpaul

M

arch 28, 2019 marks the 10th anniversary of the death of Janet Jagan, an iconic woman who has accomplished quite a lot in her life time. No wonder Time Magazine has identified her among the 16 of the most revolutionary women in history.

In order to understand why she was described in this manner one has to go back to her youth when at the age of 11 she would walk for miles and travel alone in buses to visit art museums in Chicago. She was an athlete, was a speed skater, she loved archery and target shooting as well as swimming which was her passion.

She was studying nursing in Chicago and loved surgery and it was her dream to become a surgical nurse.

However, the universe had other plans for her. She met her husband, the dashing and charismatic, Cheddi Jagan. The two fell in love, she a beautiful and talented woman and he a handsome and charismatic young man.

Having got married to Dr. Jagan she made a number of sacrifices. First her parents did not accept her husband, they refused to meet him. She have up her career to join her husband in then British Guiana, an under-developed, third world country.

Not only was she exposed to a completely different environment and way of life, but she readily accepted her husband’s desire to help his brothers and sisters.

Unfortunately, in that period nurses could not have been married thus, it was impossible for her to continue in the career that she loved. It was felt that this is the reason why she became involved so early in her campaign for women rights – it

was because of that discriminatory practice.

Therefore it was no surprise when after nine months of her arrival in British Guiana she wrote a letter in the Argosy Paper in August 1944 calling on the government of the day to allow women to have the right to vote – a bold and courageous challenge of the status quo.

From that time until her death she never ceased to amaze all who knew her of that indomitable spirit and strong will that she possessed.

Within 14-years of her arrival in Guyana she was involved in a number of organizations and entities.

However, one of the most significant aspect of her involvement is her association with the working people.

She was field secretary of the British Guiana Clerks Association, Secretary of the Union of Moulders and Mechanics. She succeeded in securing an increase

in wages for town council watchmen and successfully defended the cause of town constables. She fought for the right of quarry workers to have meetings with their Union representatives at Quarries.

From as early as 1944 it was about the people right to vote at elections, the involvement of women in the struggle for the country’s development.

In 1946 it was about the domestics, the people who were living in the tenement yards and the excessive cost of flour.

Similarly, when the PAC was formed in 1946 the major sentiment then was for adult suffrage, independence and the need for the country to embark on a path of progressive development.

In 1947 she decided to contest the Georgetown seat in the 1947 elections as an independent candidate. As a close associate of the leader of the Transport Workers Union she was given their

full support to contesting the Georgetown Seat. At her first public meeting at Christ Church it seemed that Percy Wight who she was contesting against would have lost. It is said that almost everyone who mattered from high to low was there. She made a magnificent speech.

Although she was the most popular, she lost largely due to the limitations of the suffrage.

In 1948 she was in the forefront of the efforts in providing food and lodging to seventy Canadian seamen belonging to the Canadian Seamen’s Union who were stranded in BG due to a “sit in” by the crew of one of two Canadian Bauxite Ships as a result of a strike by their Union.

Similarly she was involved in the strike in Enmore when the five sugar workers were killed.

Ashton Chase in his book, ‘A History of Trade Unionism in Guyana 1900 – 1961’, had this to say: “Dr. and Mrs. Jagan addressed several meetings of strikers and inspired them to keep united in the struggle for their rights. They paid considerable attention to the day to day organization of the strike and to many details.

They helped in raising funds for the strikers, in organizing “soup kitchen and in the general propaganda work.”

Three years after the 1947 elections, the PPP was formally launched with Janet Jagan as the General Secretary. At the first Congress of the newly founded Party, held one year after, she had this to say: “The aim of our Party is firstly to win for our country complete and absolute independence and secondly to externally unite or country with people of other colonial and semi colonial territories in a common struggle. Support the Party!

Build the Party! Follow the Party!”

She stood as the Party’s candidate for the Municipal Elections held in 1950. She won and became the first representative of the Guyanese working class to enter the Georgetown Municipal Council where she served for a number of years representing the people in Werken-Rust and Wortmanville.

She played a key role in organizing successful May Day parades displaying the tremendous unity and solidarity of all Trade Unionist in British Guiana.

In the field of journalism she used her pen effectively and courageously taking on various issues ever since the PPP was formed. She used the Party organ, ‘The Thunder’, to speak to a number of important issue she felt strongly about such as politics, arts and culture, women’s affairs, world events and party life.

She was a great advocate for women’s equality and involvement in the affairs of the country. She was always concerned about the underprivileged people and uneducated women and it was or the WPO that she was able to rally women who because of culture, tradition and religious norms were hesitant in coming forward into the realm of political affairs.

Under her stewardship as General Secretary of the PPP in the first decade from 1950 – 1960, she was instrumental in the formation of the Progressive Youth Organisation (PYO) and the Women’s Progressive Organisation (WPO), the construction of the Party Head Office, the printing of the Party theoretical Journal, ‘The Thunder’.

The second decade from 1960 -1970 was a very traumatic one for the Party where the Party was in government but was being

destabilized by foreign forces in conjunction with some formers comrades who allowed themselves to become pawns of a super power.

This was a period in which the country was at a brink and when Guyanese became refugees in their own country.

In the period that followed, until after her death she was always a fierce critic of the PNC-UF Coalition, the PNC and its undemocratic, authoritarian and dictatorial rule for 28 years.

Her pen was used through ‘The Mirror’ newspaper to expose and educate. She never hesitated in using her position as a Parliamentarian in denouncing the policies of the government.

After the death of her husband and partner in 1997 she became the Prime Minister and President of Guyana and retired gracefully after she resigned and resumed her private life.

Comrade Janet Jagan not only represented women as a group, but she was a consummate politician – one who had vision and courage to face challenges both in her personal and public life. She had the capacity to be both stern and caring, a public as well as a very private person.

She was bold yet shy and had a great capacity to be multi tasked as well as finding time to become involved in the things she liked. She and Dr. Jagan along with the other leaders of the PPP had a vision for Guyana, and that vision made them passionate, fearless and ready to confront the status quo which had existed.

The legacy of the iconic and rebellious Janet Jagan is now written in the golden pages of history. Her life, her legacy and the struggle she waged for a better Guyana will continue to inspire us in the WPO and the PPP.

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Man goes on criminal rampage: Rapes teen, stabs three persons before committing suicide A 14-year-old girl was allegedly raped while family members were stabbed after a friend of the family went berserk during a birthday celebration at Falmouth Village, Essequibo River, on Wednesday (March 27, 2019).

The suspect, 23, reportedly killed himself after committing the crimes.

Reports are that the young girl’s father hosted a birthday party last night where the suspect, along with others, were consuming

alcohol.

Some two hours after midnight, the teen girl and her parents retired to bed.

The girl’s 15-year-old brother and the suspect were left watching television. However, shortly after, the suspect armed himself with a knife and slashed the boy to his neck. He then proceeded to the bedroom where the teen girl and her parents were sleeping. The suspect dealt several stabs about the bodies of the couple, who managed to escape, leaving the teen

girl behind.

According to the police, the suspect then allegedly sexually assaulted the girl, but she later managed to run out of the house.

The suspect, later, hung himself.

The injured persons taken to the Bartica District Hospital where they were admitted and then referred to the Georgetown Public Hospital for further treatment. According to the Police Force, their conditions are being regarded as “serious but stable.”

Several arrested after illegal gun, ammo found at mining camp A 38-year-old chef and several others have been arrested by the police following the discovery of an unlicensed shotgun and live cartridges at a mining camp.

Reports are that although the chef was the only person

at the mining camp when the police made the discovery on Friday last (March 22, 2019), other miners who work and occupy the same camp were taken into custody.

Reports are that ranks of police “F” Division received

a tip off and went to Kupang Backdam, Cuyuni River where a search was conducted a search and an unlicensed shotgun along with 29 live cartridges and an empty cartridge casing were found.

Investigations are ongoing.

WEEKEND MIRROR 30-31 MARCH, 2019

Student under investigation after viral video depicting assault on peers T

wo students of the New Amsterdam Technical Institute were assaulted by one of their peers.

One of the victims’ parents filed a report with Police in Berbice and a probe into the matter has been launched.

The incident was videotaped and circulated on social media on Tuesday (March 26, 2019). In the video, the suspect is seen taking off his belt and using it to inflict blows on his peers.

In a statement to the media on Tuesday, the Education Ministry said it has also launched an investigation.

Trio rob, stab undercover police officer

T

hree men landed in hot water after robbing a police constable.

The suspects have been identified as: Keston Duke, 21, of Bent Street, Werk-enRust, Georgetown; Joshua Austin of Lodge Housing Scheme, Georgetown; and Michael Shepherd.

On December 15, 2018, at Second Street, Alberttown,

while they were in each other’s company, they robbed Julius Bowlin of a gold chain worth G$21,000 and a pistol with six rounds of ammunition valued G$125,000 – property of the Guyana Police Force. Bowlin was also injured during the robbery.

Reports in December 2018 had stated that Bowlin was performing undercover

duties next to a nightclub when he was robbed and later stabbed. The attack was captured on a nearby Closed Circuit Television (CCTV) camera. The stolen gun was later recovered in a garbage heap in South Ruimveldt, Georgetown.

The men have been remanded to prison after a court appearance.

Man stabbed, shot after intervening in argument

High speed chase ends with arrest of known felon, others in H possession of illegal weapons

A

high speed chase by ranks of the Guyana Police Force on Friday afternoon (March 22, 2019) in the streets of Georgetown led to the arrest of two suspects who were found with an illegal gun and ammunition.

One of the suspects is a known felon. It was reported that during the chase, the duo tossed an unlicensed firearm out of the Toyota Premio motor car in the vicinity of Smyth and Hadfield streets.

The weapon was recovered by law enforcement officials.

The incident occurred around 14:30hours when a police patrol team noticed the known felon in the ve-

hicle operating suspiciously. The ranks decided to approach the vehicle and upon seeing the police vehicle nearby, the duo tried to escape.

As a result of this, the ranks in pursuit called in for a backup patrol to render

assistance and after a short chase, the duo was nabbed.

The police said, in addition to the gun, two live rounds and a spent shell were also found inside of the suspects’ car.

Investigations are ongoing.

oli celebrations, on Thursday (March 21, 2019), turned tragic for a young man after he was stabbed several times to his back and shot to his knee when he intervened in an argument involving his sisterin-law and another woman.

The victim has been identified as 27-year-old Kezil Brazalio was on Sussex Street, Albouystown.

Reports are that he heard two females engaging in a heated argument. Upon realising that one of the women is his sister-in-law, Brazalio went to the scene to ascertain what was transpiring, with the intention of stopping the situation from spiraling.

However, the mother of the other woman allegedly

approached Brazalio from behind and dealt him several stabs to his back. He reportedly fell to the ground.

At this time, a male resident of Charlestown, Georgetown approached him and discharged several shots in his direction with one bullet hitting him to his

left knee. After the shooting incident, the male suspect who is known to the victim escaped.

Brazalio was picked up and rushed to the Woodlands Hospital where he was admitted a patient.

Investigations are ongoing.

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WEEKEND MIRROR 30-31 MARCH, 2019

City Hall in Focus Mayor attempts to shift the blame for the PNC+APNU+AFC failure to manage the City Council effectively

By Bishram Kuppen

T

he Statutory Meeting held at the Georgetown City Council on Tuesday (March 26, 2019) lasted for a marathon six hours with accusations, pronouncements and revelations which certainly raised alarms and tested the patience and resolve of many Councillors, The atmosphere was confrontational in which the Mayor was engaged in bitter disagreements on a number of issues with the Town Clerk and other Officers of the Council’s administration. Many Councillors were also disappointed at the level at which the discussions had degenerated and were further frustrated by the unacceptable excuses and explanations coming from the Officers of the Council. In addition, some previous decisions of the Council were revisited to get clarity.

The acrimony has reached to the level where Mayor Ubraj Narine reported that a number of Officers of the Council and also a few APNU Councillors were disrespectful to him. It has gotten to the point where the Mayor has refused to allow one such Officer to address the Council on an issue that was being discussed at the meeting.

In the midst of all this, the Mayor had uttered a comment which is of serious concern to the PPP Councillors, since it was not only inaccurate, but sought to shift the blame for the APNU+AFC+PNC failure to manage the City Council effectively.

THREATS TO EVICT PPP COUNCILOR FROM COUNCIL CHAMBERS At Monday’s Council meeting, the discussion had shifted from holding the officers accountable to revenue generation when Mayor Ubraj Narine suddenly claimed that

some Councilors did not want to increase taxes on properties even though small houses were replaced by multi-story commercial buildings but only paying rates for the small house.

He was obviously referring to the PPP Councilors since one of our local government elections campaign promises was no new taxes. PPP Councilor Dion Younge rose and said that he regretted supporting the hiring of a chauffeur for the Mayor due to the malicious and incorrect claim which was made by the Mayor. But the Mayor interrupted him and told him to sit down and then threatened to evict Councilor Younge from the Chambers. I immediately rose on a point of order and demanded that the Mayor state on what grounds he was making such a threat.

The Mayor then said that he did not give me permission to speak but I responded that I did not need his permission to speak on a point of order and for him to check with the Town Clerk on the conduct of meeting who nodded in agreement with me.

Mayor Ubraj Narine is obviously confused and perhaps think he can behave in a similar manner as the former Mayor ChaseGreen. But he can be assured that the PPP Councilors will not tolerate any disrespect or threats especially when false or malicious claims are made.

Fellow citizens should be reminded that the Georgetown City Council is dysfunctional and bankrupt because of corruption and gross mismanagement.

In addition, the Georgetown City Council has been controlled by the same political grouping since our country’s independence and any attempt to lay blame elsewhere will prove futile.

CHAUFFEUR FOR MAYOR UBRAJ NARINE As to the other discussions at this week’s meeting, Mayor Ubraj Narine lamented the fact that a chauffeur was not assigned to him even though he was of the opinion that it was approved at the last Statutory meeting.

The Mayor also wanted a Chauffeur of his choosing since he claimed that his life was at risk and wanted someone who he could trust. But Town Clerk (ag) explained that a driver from the Council’s pool was assigned to him and that Council could not hire an additional chauffeur since the Council already had two chauffeurs and also a pool of drivers.

The Town Clerk also further explained that drivers could receive additional benefits if they performed Chauffeur services but the Mayor was adamant that he wanted a chauffeur of his own choosing.

Apparently, drivers work only a certain number of hours per day while chauffeurs earn a higher pay and would be at the disposal of the Mayor at all times.

In the cash-strapped state that the Council is in, I could not support the hiring of an additional chauffeur when two others were currently available but had no assignments.

I would deem this an unconscionable request by Mayor Ubraj Narine in light of the difficult financial position that the City Council is in. Unfortunately, the motion to hire a chauffeur passed by a narrow margin in favour of the Mayor.

COUNCIL APPROVED SCHOLARSHIP FOR A RETIREE TO ATTEND UG It is simply amazing to witness some of the ridiculous decisions which are made at the City Council in complete indifference to logic and commonsense. The Chief Health Visitor, Ms Beris Springer who works in the Public Health Department of the Council received the approval of Council to attend the University of Guyana on a 4-year scholarship funded by the Council even though she would be retiring from the City Council this year. In fact, her gratuity and pension was approved at the previous statutory meeting.

I had voted against this recommendation during the last Council and had argued that such a decision did not make sense and would hinder the Council from employing a younger qualified candidate.

Both the Human Resource Manager, Ms. Braithwaite and the Chairman of the Human Resource Committee Oscar Clarke had argued in favour of granting the scholarship and also that Ms Springer would return to work for the City Council on a contract.

Mr Clarke had stated that the Council had advertised for years to fill the position of Chief Health Visitor and that no one had applied so it made sense to offer the scholarship to Ms Springer even though her course of study will be for her own benefit and was not a requirement for a Chief Health Visitor.

Councillor Henry had stated that it was highly unlikely that someone would return to work at age 60 or 65 and said that the Council was at an extremely high risk for approving the scholarship.

I might add that Councillor David Alli-

cock disagreed with me and supported the scholarship and re-hiring of Ms. Springer once she finishes her 4-years at the University of Guyana.

This was not a sensible decision by the City Council.

CLAIMS OF APPROVAL FOR A BENEFIT PROVED FALSE At the previous statutory meeting, a request was made by the Human Resource Department to pay responsibility allowance to Nurse Jean Bond for managing the Festival City Daycare Center since February 2017.

This matter was forwarded to the full Council by the Human Resource Committee since they felt that it was strange that this matter was only now being sent to the committee for approval.

It was stated by either the Town Clerk or the Human Resource Manager that this request was approved by the former Medical Officer Health, Dr B Jeffrey.

However, I requested to see a copy of the document from Dr Jeffrey and the Town Clerk responded that I will receive a copy.

In the meantime, the Council approved the responsibility allowance.

Later in the meeting, copy of the document was given to me but I did not have the time to review it due to the pace of the meeting and the fact that the Council had already approved the allowance.

But after the meeting, I examined the document and discovered that the Medical Officer of Health did not approve the request.

It fact, it was a document sent and signed by the Chief Health Visitor, Ms. Beris Springer to the Human Resource Manager requesting the responsibility allowance for Nurse Jean Bond. In the address column of the memorandum, it stated “Thru: Dr. B. Jeffrey, Medical Officer of Health” but it was not signed or stamped by Dr Jeffrey anywhere on the document.

I brought this matter to the attention of the Mayor and Councillors at Monday’s meeting and the Mayor and many of the Councillors were stunned at the revelation.

The Town Clerk responded that she will do an investigation and report back to the Council.

The Commission of Inquiry which was authorized by the Local Government Commission last year made many recommendations and it is now quite obvious that there is an urgent need for the full implementation of all of those recommendations.

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WEEKEND MIRROR 30-31 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.

WEEKEND MIRROR 30-31 MARCH, 2019

Overseas-based Guyanese support protest of APNU+AFC Coalition USA

C

oncerned members of the diaspora protested the illegalities of the APNU+AFC Coalition outside Guyana’s Consulate in New York, United States of America (USA), as well as in Canada on Friday (March 22, 2019).

This is one of several protest actions that were advanced, after March 21, 2019 – the date by which constitutionally mandated General and Regional Elections was supposed to be held following the passage of the no-confidence motion against the Coalition Government on December

CANADA

21, 2018. As of midnight, March 21, 2019, the Coalition Government held office illegally, following its inaction in the constitutionally mandated three-month period – a deadline that was imposed after the passage of the no-confidence motion.

Hours after the protest, on Friday (March 22, 2019) afternoon, the Appeal Court handed down its ruling which overturned the High Court decision – one that had upheld the validity of the vote on the no-confidence motion. The PPP/C has since moved to the Caribbean Court of Justice (CCJ).

27

PPP/C will not participate in National Assembly sittings until CCJ rules on no-confidence motion challenge P

resident David Granger, on Wednesday (March 27, 2019), confirmed that a sitting of the National Assembly will be held at the “earliest possible” date to deal primarily with the approval spending of monies from the treasury – sums that additional to the $300.7B 2019 national budget.

However, the People’s Progressive Party/ Civic (PPP/C) will not participate in any sitting of the National Assembly during the time that the appeal of Guyana’s Appeal Court ruling, in the case challenging the validity of the vote on the no-confidence motion, is decided on by the Caribbean Court of Justice (CCJ).

Opposition Leader, Bharrat Jagdeo, made the disclosure. He said, “The People's Progressive Party/ Civic will not attend any sitting of the National Assembly, while the Appeal in the no-confidence motion is pending at the Caribbean Court of Justice.”

Last Friday (March 22, 2019), the Appeal Court, in a 2-1 vote, set aside the ruling of Chief Justice,

Roxanne George-Wiltshire, which declared that the no-confidence motion passed in the National Assembly on December 21, 2018, was valid.

The PPP/C on Tuesday (March 6, 2019) filed its appeal with the CCJ. Jagdeo is listed as the Applicant in the case. Guyana’s Attorney General, Basil Williams, and House Speaker, Dr Barton Scotland, are listed as the respondents.

Following the ruling of the Appeal Court, the main argument in the challenge to the validity of the no-confidence motion relates to whether 33 votes were needed or whether it was 34. Guyana’s Constitution, Article 106 (6), says: “The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.”

The APNU+AFC Coalition Government, before the vote accepted that 33 votes were needed for the no-confidence motion to be passed.

After the vote was successful, this was also the Coali-

tion’s position. However, weeks later the APNU+AFC Coalition backpedaled on this, claiming that an “absolute majority” of 34 votes was needed, not 33 vote.

A date for hearings at the Caribbean Court of Justice is to be decided.

Former Attorney General, Anil Nandlall, part of the legal team taking the case to the CCJ, in commenting on the timelines, said, “We are going to use every procedure available, under the rules of court, to ensure that the appeal is heard and determined at the earliest possible time…we are hoping that we can be before the Court very, very early. “…I do not anticipate any difficulty in persuading the CCJ that this matter must be heard and determined within the shortest possible timeframe…the main argument is what constitutes a majority of all the elected members of the National Assembly of Guyana.

So I don’t anticipate the hearings to be protracted.”

Trinidadian Senior Counsel, Douglas Mendes, will lead for the CCJ hearings, on behalf of the PPP/C.

PSC calls on GECOM to be ready for General and Regional Elections ‒ pending CCJ ruling

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tressing the need for the decision of the Appeal Court to be respected, until the matter is finally decided by the Caribbean Court of Justice (CCJ), the Private Sector Commission (PSC) has also underscored the need for action by the Guyana Elections Commission (GECOM).

In a statement this week, the PSC said, “The Commission, as a consequence of the ruling of the Appellate Court, calls upon all of the political parties and their supporters

and, indeed, the entire country to respect the decision of the Court.

“In the meantime, the Private Sector Commission urges the Guyana Elections Commission GECOM to continue its preparations for the holding of general and Regional elections whenever they become constitutionally due.”

To date there has been no action on the part of GECOM to ready itself for General and Regional Elections. Rather the focus has been on a new national house-to-house registration – which is strongly objected to by the Parliamentary Opposition.

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