21-22 April, 2018 / Vol. 10 No. 18 / Price: $100
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Anti-corruption walk:
Clean your own house – Jagdeo tells corrupt APNU/AFC SEE INSIDE
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pposition Leader Bharrat Jagdeo has reiterated his commitment to rid Guyana of corruption but said he would not join a government-sponsored “walk” against corruption, saying that is a “smokescreen” to hide government’s its own massive corruption. In a letter in response to the invitation from Head of State Assets Recovery Agency, Dr. Clive Thomas, , penned by Opposition Chief Whip, Ms Gail Teixeira at Jagdeo’s behest, Jagdeo said corruption in deep in this government and called on the governmtn to first “clean it own house.” Below is the text of the letter to Dr. Thomas: Dear Dr. Clive Thomas, Re: Invitation to Participate in Anti-Corruption Awareness Campaign “Corruption is Everybody’s Business” I wish to acknowledge your letter of invitation to the Leader of the Opposition, Hon. Bharrat Jagdeo, M.P., to participate in a “symbolic” walk against corruption on April 20, 2018.
The Leader of the Opposition wishes to inform you that he is supportive of any efforts that will strengthen the state’s institutional, legal and procedural framework for fighting corruption in keeping with the Inter-American Convention
Against Corruption, the UN Convention Against Corruption and the International Covenant on Civil and Political Rights. However, the Leader of the Opposition will (Continued on page 2)
Jagdeo responds to queries: Says ‘loose talk’ could stir questions on CCJ’s credibility
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everal questions about issues that could be areas of concerns, relative to the Caribbean Court of Justice (CCJ), were put to Opposition Leader, Bharrat Jagdeo, at a news conference (April 19, 2018), at his Church Street office. He was asked whether the comments made by at least two government ministers, regarding ‘inside knowledge’ on how the CCJ will rule on the matter of the presidential third term challenge, is a concern. Jagdeo stated that such comments could be “loose talk” and may be entirely false. However, he noted the implications of such sentiments being left “hanging” without a response. “This could affect the CCJ’s credibility,” Jagdeo said. The Opposition Leader was also pressed on the fact that the grandson of Guyana Elections Commission (GECOM) Chairman, retired Justice James Patterson, is the judicial assistant to the Head of the CCJ. Patterson, before being appointed GECOM Chairman unilaterally by President David Granger, acted as legal advisor to the Attorney General, Basil Williams, who was reportedly one of the ministers with ‘inside knowledge’ on how the CCJ will rule. The Opposition Leader, in response to the question,
stated that it is a concern. “Yes it bothers me, it goes back to the issue of credibility,” Jagdeo said. He was also pressed on developments involving one of the CCJ judges and declined to comment, noting that he was unsure of the accuracy of the said report. The former Chief Justice, Ian Chang, in 2015, ruled that the restriction of a two-term limit is unconstitutional. Chang’s ruling was based a constitutional challenge that was filed by Georgetown resident, Cedric Richardson, in February, 2015. His attorneys are Emily Dodson and Shawn Allicock. The applicant argued that Act 17 of 2001, which was passed by a two-thirds majority of the National Assembly, unconstitutionally curtails and restricts his sovereign and democratic rights and freedom as a qualified elector to elect former President Bharrat Jagdeo as the Executive President of the Cooperative Republic of Guyana. Chang ruled that notwithstanding the provisions of Article 164, Act No 17 of 2001 in so far as it ‘dilutes’ the democratic rights of the electorate to elect a president of its own choice, needed a referendum and therefore violates article 164. The
Chief Justice argues that the constitution cannot be subject to amendment by addition and Act 17 of 2001 adds new provisions to Article 90 relating to the qualifications for president. The other main reason given by the Chief Justice is that a two-thirds majority cannot alter a provision of the constitution in diminution of its ‘normative’ characteristics as providing that Guyana is an indivisible, secular, democratic and sovereign state. He identified the right of a citizen to elect a president as such a provision and held that the amendment affected such a right. The term limit was proposed by the Constitutional Reform Commission in 2000 and subsequently enacted by Act No. 17 of 2001. Act No. 17 of 2001 amended Article 90 of the constitution to provide for term limitation and other qualifications for the president, pursuant to the recommendations of the Constitution Reform Commission. Amendments can be made to the constitution under Article 164 by a two-thirds majority for some articles and a two-thirds majority together with a referendum for others. Act No. 17 of 2001 had received a two-thirds majority in 2001.
More PAGE 7 economic woes: State-owned entities struggling to stay afloat
THE PRIVATE CHARGES: Real Misconduct in Public Office PAGE 9
Adding PAGE 11 furious misconduct charges to political harassment, intimidation narrative