Harmon unable to confirm that Granger’s eight names are all acceptable to him 13-14 July, 2019 / Vol. 10 No. 81 / Price: $100
Internet: http: //www.mirrornewsgy.com / e-mail: weekendmirror@gmail.com
PAGE 11
‒ Teixeira says Granger’s representatives deliberately undermining CCJ guidelines
Elections are impending, derailing of democracy will not be allowed ‒ PPP/C presidential candidate PAGE 13
SEE INSIDE
Granger’s eight suggestions for GECOM Chair PAGE 13 connected to PNCR
New Voters’ List will not have more credibility
‒ UN Needs PAGE 22 Assessment Report
The PPP/C maintains its call for the David-Granger led Administration to respect Guyana’s Constitution
Jordan admits that sugar sector is PAGE 27 currently non-productive
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WEEKEND MIRROR 13-14 JULY, 2019
PPP/C details priorities to be included in Manifesto ahead of General and Regional Elections The People’s Progressive Party/ Civic (PPP/C) in consultation with a wide range of stakeholders is working on a detailed Manifesto, which will elaborate on the Party’s policies for improving the lives of all Guyanese.
Some of the priority actions of the next PPP/C Government will be to: 1. Restore– the $10,000 cash grant to school children. The APNU+AFC took away $1.67B per year, a total of $8.35B from Guyanese children. 2. Reinstate the water subsidies to pensioners. The APNU+AFC removed $500M in subsidies per year amounting to a $2.5B burden that had to be paid by our elderly. 3. Reverse VAT on essential services including water, electricity, and health care. The APNU+AFC imposed this on Citizens which led to billions in tax collection from Guyanese people and escalated the cost of living. 4. Reopen the closed sugar estates. Over 7,000 persons lost their jobs directly and another 4,000 lost their livelihoods indirectly. 5. Restore zero-rated VAT for machinery and equipment for agricultural, mining and forestry industries. For example, a tractor or excavator now attracts in excess of $5M in additional taxes. 6. Reverse cost of license and permits for doing business and accessing Government services. The APNU + AFC increased over 200 fees, e.g. vending licenses increased from $12,500 to a burdensome $65,000. This, added to the cost of living, hampered small business development. 7. Reverse land rents and drainage and irrigation charges. These have moved up in varying degrees, from $2,500 to $293,000 per acre, a policy that is suffocating many sectors including agriculture and tourism. 8. Remove age limits on vehicles. The APNU+AFC added at least $1M to the cost per vehicle, an unnecessary hardship for those aspiring to own a vehicle, especially young people. 9. Remove the restriction on used tyres. The imposition of this restriction increased the cost of tyres by 300%. 10. Reverse VAT on exports. 11. Reverse VAT on building materials. 12. Reinstate the joint services bonus. The APNU+AFC in a Grinch-like move took away the Christmas bonus from the joint services. 13. Remove VAT on data. The APNU+AFC has taxed the internet and your cell phone data. 14. Reverse the 2 A.M curfew. The arrogant implementation of this measure has not helped to address the noise nuisance issue and has affected quality of life and hurt job creation and businesses.
In addition to correcting these draconian impositions, the next PPP/C Government pledges to: 1. Create 50,000 jobs in the first five years. 2. Assist small businesses through the implementation of programmes to help small businesses grow by providing technical advice, small grants, loans, and training for workers. Women entrepreneurship will receive special attention. 3. Deliver 8,000 to 10,000 new house lots per year. 4. Implement a programme for affordable financing for home ownership. 5. Deliver quality health care and end drug shortages. 6. Improve the quality of and access to education at every level including offering 20,000 persons online University education. 7. Implement measures to expand the capability and increase the effectiveness of the security forces so that people can once again feel protected in their homes, on the streets and in workplaces. 8. Create conditions for our young people to prosper, realise their dreams and to involve them in all levels of Government. 9. Ensure better working conditions and remuneration for teachers, healthcare workers and other public servants. 10. Improve infrastructure (roads, wharves, bridges, airstrips, drainage etc) in Georgetown, other Towns and Villages across Guyana. 11. Extend and improve Government services and ICT on the Coast and in the Hinterland. 12. Ensure that revenue from Oil and Gas is not squandered and stolen and leads to the improvement of the lives of ALL GUYANESE. 13. Create the conditions and strengthen the institutions to expand and protect the civil, cultural and human rights of all Guyanese. 14. Improve governance, including expanding and strengthening measures aimed at fighting corruption. 15. Protect our national sovereignty and territorial integrity.
The PPP/C has said that it is time to restore Guyana to the path of progress and prosperity. Since taking office, the APNU+AFC cabal has put forward five budgets, spent $1.3 trillion, borrowed US $ 900M and increased taxes by approximately $88B per annum. They are spending every year $1.6 B more for food allowances, $1.1B more for rentals, $1.2B more for local travel among other things, as part of their extravagant lifestyle. Meanwhile over 30,000 Guyanese have lost their jobs. The cost of living has skyrocketed and health care, education and quality of life have deteriorated rapidly.
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WEEKEND MIRROR 13-14 JULY, 2019
SARA Special Assistant linked to oil block application within the area he is pushing to be ‘investigated’ H
eading the probe being done by the State Assets Recovery Agency (SARA) into the award of the Kaieteur and Canje oil blocks is SARA Special Assistant, Eric Phillips. However, leaked documents from the Guyana Geology and Mines Commission (GGMC) show that Phillips, who also has no track record in oil exploration, is one of the beneficial owners of a company called ABR Oil and Gas Exploration. This company has applied for a licence to explore the block that is adjoining to Kaieteur and Canje – Block C. The application lists the beneficial owners as: 1. Charles Ceres (25%); 2. Dormer Guyana Goldfields Country Manager, Violet Smith (25%); 3. Osafo George, a local businessman (25 %); and 4. Eric Phillips (15 %). The four claimed that they have US$5M to expend on operations once they are granted the licence.
Receipt # 6100198, also leaked, showed that $394,000 was paid to GGMC for the licence through the Bank of Nova Scotia. The payment was received on October 16, 2016 at 14:24 hrs. Notably, none of these individuals has any track record of exploration and development of offshore blocks, which are located in ultra-deep waters. This is despite the fact that the full disclosure on technical competence and previous experience in oil prospecting or oil field development work including a record of petroleum exploration and production in Guyana and elsewhere. The application for the licence also lists two individuals as ABR’s technical experts: Patrick Assad Ceres, who is an environmental engineer; he happens to be the son of Charles Ceres and Aisha Jean-Baptiste, a geologist, is the daughter of Violet Smith. SARA, in May 2019,
confirmed that it was probing the award of the oil blocks, which took place under the Donald Ramotar-led People’s Progressive Party/ Civic (PPP/C) administration. Professor Thomas in the May 22, 2019 Bloomberg report stated that aside from the Stabroek, Kaieteur and Canje which Exxon has control over, Orinduik block which Tullow Oil Plc signed up to explore in 2016 will also be investigated. However, a contradictory position was proffered by SARA’s Aubrey Retemeyer, who said only the circumstances around ONLY the two agreements signed by Ramotar would be investigated. Retemeyer made this admission in a May 29, 2019 report published by the Associated Press, where he was quoted as saying: “Our focus is on Canje and Kaieteur Blocks and how those blocks were awarded.” The applications by companies for exploration in the Kaieteur and Canje Blocks
date back to 2012 and 2013, respectively. Both applications were processed and approved by the Guyana Geology and Mines Commission (GGMC) in accordance with the relevant laws and regulations around late 2013. All fees paid were fixed by law and were paid to the GGMC, not to any private
accounts. Dates of signing and sequence of subsequent discoveries are all in the public domain and were published in the Official Gazette for the public’s information. Delays in the signing of the agreements were due to matters surrounding Venezuela's navy seizure of Anandarko contracted seismic vessel
Technic Pardana in late 2013. At the time of application, processing, approval and signing of the Petroleum Prospecting Licenses for the Kaieteur and Canje blocks in Guyana's offshore there was NO confirmed commercial petroleum discovery in the area by ExxonMobil or any other company. Ramotar, on May 31, 2019, in a statement, had said: “I wish to make it clear that I welcome any investigation that is done by an independent and impartial international firm. No Guyanese can expect a non-partisan investigation by SARA. Any unbiased, professional independent review will once more confirm all due legal processes were followed and during the PPP/C time in office the country's best interest was served, given the realities of the day.” Since the disclosure linking Phillips to application for an oil block, both he and SARA have remained silent on the matter.
Granger blocks imprisonment of Jordan ‒ Finance Minister was looking at 21 days in jail for contempt of court
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ith a court order making clear that Finance Minister, Winston Jordan, was in contempt of court and looking at 21 days imprisonment, President David Granger, on Monday (July 8, 2019), in a controversial move, blocked any action that would see Jordan being jailed. An order signed by Minister of State, Dawn Hastings, read: “Now, therefore, by virtue of the powers vested in me under Article 188 (1) (b) of the Constitution, and after consultation with the minister designated by me under Article 188(2) of the constitution, I hereby grant to Mr. Winston Jordan, in his personal capacity and as the Honourable Minister of Finance, and member of Parliament, a respite of the execution of the punishment
imposed on him until all appeals and remedies available to him and the State have been exhausted.” A statement from the Ministry of Legal Affairs, issued on Monday (July 8, 2019) afternoon, said: “His Excellency, President of the Co-operative Republic of Guyana, David Arthur Granger MSS issued an instrument titled the ‘Grant of Respite’, giving to Winston Jordan in his personal capacity and as the Honourable Minister of Finance and Member of Parliament, respite of the execution of punishment imposed on him by an order for Criminal Contempt of Court on the 24th day of June, 2019 to the effect that, should he fail by the 8th day of July, 2019 to comply with the Order of the Court, that the
Government of the Co-operative Republic of Guyana pay the sum of US 2.2 million dollars to Dipcon Engineering Services Limited, he shall be imprisoned for twenty (21) days. “Accordingly, the aforementioned grant was issued pursuant to the powers vested in the President by virtue of article 188 (1) (b) of the Constitution, and after consultation with the Minister designated under article 188 (2) of the Constitution who is the Attorney General and Minister of Legal Affairs, Hon. Basil Williams SC,MP. “Further, the grant of respite shall be in effect until all appeals and remedies available to Winston Jordan and the State have been exhausted.” Last week, Attorney Gen-
eral, Basil Williams, filed an appeal in the High Court to prevent Jordan from being jailed. The High Court threw this appeal out. On Monday (July 8, 2019) Williams moved to the Appeal Court. It was hours after this appeal was filed that the Minister of State signed the order to keep Jordan out of jail. In May 2019, Trinidad construction company, Dipcon, called on the courts to have Minister Jordan face jail time over his failure to honour a 2015 judgment. Justice Rishi Persaud handed down the judgement in the company’s favour on October 21, 2015, but Jordan failed to take steps to effect payment – a payment of US$2,228,400.67. As a result, lawyers for Dipcom applied to the court for an administrative order
to compel the minister to pay up. Dipcon’s application to the court stated that by letter dated 28th December, 2015, the Registrar of the Supreme Court transmitted the order made by Justice Persaud to the minister who “thereupon became obligated …to direct, by warrant under his hand, that the amount awarded thereby to be paid.” It was stated that the minister has in breach of his statutory obligation, “deliberately and contumaciously refused and failed to comply with his obligation” under the State Liability and Proceedings Act and has subverted the said order of court, pay the said judgment or any part thereof to the applicant. The company noted too that the Court’s ruling was served on Jordan and he at all material times had knowledge of it, its terms and its effect. It was pointed out that while Jordan
continued in default of the orders directed against him and is in criminal contempt of the said judgment of October 21, 2015, Dipcon has no other means to enforce payment other than to return to the Court. “The actions of the respondent have undermined the process of the Court,” the court documents pointed out. On June 24, 2019, Justice Sewnarine-Beharry, in delivering her decision, ruled that the applicant (DIPCON) recover from the respondent (Minister Jordan) costs in excess of US$2.2 million together with interest at a rate of 4 per cent per annum. The High Court judge further ruled that the Finance Minister’s failure to comply with the court orders will result in him being liable to imprisonment until the judgment is paid in full. [SEE ADDITIONAL REPORTING ON THIS ISSUE ON PAGE 20]
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EDITORIAL
Granger’s bad faith actions a pattern seen over the last four years
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uyanese have no doubt, by now, become familiar with the term ‘good faith’ – a term that has been used repeatedly in the last four-plus years of the APNU+AFC Coalition Government. Importantly, the principle of good faith is one that President David Granger has repeatedly undermined. On almost every occasion where the Guyanese people expected President Granger to act, as he assured, in good faith, when engaging the Parliamentary Opposition, he has failed. There are multiple examples of this, but let’s look at a few of the major ones. Case one: On October 19, 2017, retired Justice James Patterson was unilaterally appointed as Chairman of the Guyana Elections Commission (GECOM) – an appointment that was declared flawed and in breach of the Constitution by the Caribbean Court of Justice. 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 Granger refused the third submission of another six nominees for the post of GECOM Chair. 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.” There was a joint agreement between the Parliamentary Opposition and the Granger-led APNU+AFC Coalition Government. Is this not a demonstration of Granger acting in bad faith – first, he agreed to a process for a resolution then he moved ahead with his unilateral appointment? Case two: On December 21, 2018, the Parliamentary Opposition’s no-confidence motion against the Granger government was declared successfully passed in the National Assembly. The day after, Granger said, the Government of Guyana, following the passing of the no-confidence motion will abide by the stipulations which have been imposed on it. “We will do everything necessary to facilitate the smooth functioning of General and Regional Elections… this is a constitutional process which can have favourable outcomes for the nation,” Granger had said. However, less than a week later, the Granger government returned to the National Assembly to ask the House Speaker, Dr Barton Scotland, to reverse his ruling that the no-confidence motion was validly passed. The Speaker refused and the Coalition Government took the Guyanese people through six months of legal proceedings – with the Caribbean Court of Justice finally ruling, on June 18, 2019, that the passage of the no-confidence motion is valid. Is this not a demonstration of Granger acting in bad faith – first, on one hand he accepted that the no-confidence motion was valid and on the other he rejected it? Case three: Having promised to “do everything necessary to facilitate the smooth functioning of General and Regional Elections”, President Granger waited 66 days after the passage of the no-confidence motion to ask GECOM for an elections work plan on February 25, 2019. Is this not a demonstration of Granger acting in bad faith – waiting over two months to address elections preparations when the Constitution clearly said General and Regional Elections are due within three months of the passage of the no-confidence motion – meaning Elections would have had to be held by March 21, 2019? Case four: President Granger waits for over a week, after February 25, 2019 to meet with the full Commission – the now removed GECOM Chairman, Patterson, and all the GECOM Commissioners – on March 8, 2019. At this
meeting, he rejected a work plan presented to him by the Opposition-nominated GECOM Commissioners which included a timeline to ensure that Elections were held within the constitutionally stipulated period. Is this not a demonstration of Granger acting in bad faith – if he wanted to adhere to the constitutionally stipulated timeframe for Elections, why reject the plan presented to him by the Opposition-nominated GECOM Commissioners? Case five: At the more recent meeting, on July 4, 2019, between the Leader of the Opposition and President Granger, as well as their respective teams, Granger agreed that the Opposition Leader would submit names from the list of 18, appropriately adjusted, which were submitted in 2017 to him as a starting point for discussions between their representatives – an effort to arrive at a consensual position that would see the formal submission of six names to Granger for consideration, so he could appoint a new GECOM Chair. This did not happen. Instead, at the first meeting of the two teams representing the Opposition Leader and Granger a submission from “Government” was made. The persons named by the Government included: Stanley Ming; Kim Kyte; Kesaundra Alves; Dr. Aubrey Armstrong; Justice Claudette La Bennett; Stanley Moore; Kadim Khan; and retired Justice James Patterson – all of whom are politically exposed. There was no discussion on the 11 names submitted by the Opposition Leader since last Saturday, July 6, 2019. Is this not a demonstration of Granger acting in bad faith – why was the agreement of the July 4, 2019 meeting – to deal with submissions from the Opposition Leader – not dealt with? Case 6: The naming of Patterson comes as a surprise, given that Granger himself said this was not a possibility. During a press conference on July 4, 2019 – after the meeting between the Government and Parliamentary Opposition teams – Granger was asked: “Could you indicate if you will nominate, at some time, along with the Opposition Leader, Justice Patterson for consideration for the position, given that he held it recently?” Granger, in response said: “With respect, Justice Patterson is part of Guyana’s electoral history. I don’t want to go back to that. You all know what occurred. And he is very graceful. During the brief period he was Chairman, he steered the Commission forward and I am quite satisfied with his performance. The CCJ has ruled and I am not going back to that issue.” Is this not a demonstration of Granger acting in bad faith – that the President would go back so duplicitously on a position he publicly committed to? These ‘bad faith’ actions by President Granger were not limited to his engagements in the political arena. Guyanese saw it the same situation when the President engaged the Guyana Teachers’ Union (GTU) on the long delayed negotiation of a new multi-year agreement that would address salary increases and other benefits for Guyana’s public school teachers. Teachers were told one thing and then made to wait for months on end, before finally having a favourable engagement with the Government. It is apposite to mention at this juncture that not all, the majority of the teachers’ concerns were not addressed. President David Granger must be held accountable by the Guyanese people. He cannot be given a free pass. He cannot be allowed to continuously break the trust of the Guyanese people or the trust of the representatives that the people have in the Parliamentary Opposition team. Our people must demand and end to his bad faith actions.
WEEKEND MIRROR 13-14 JULY, 2019
APNU+AFC Coalition has nothing tangible to show for the time they have been in office, once again making empty promises Dear Editor,
W
ith amusement, I watched on as this Administration once again started making empty promises and building voters’ hopes up in an attempt to win back the voters that they greatly disappointed. What is ironic is that they failed to address the empty promises they made before the last general election and interestingly, they are making new promises. The President tries to portray the image of a no-nonsense person but immediately after awarding himself and Ministers a huge salary increase, my confidence for them diminished. After that, he attempted to fool the people once again by disbanding Ministries, and amazingly, there are more Ministers than the previous Administration had. Many come to realise their ministerial position was created just to give them a portfolio and we all see that they have so much time and taxpayers’ money to waste that they could have gone to the CCJ just to attempt to get support. Meanwhile, all Ministries are still fumbling to perform their duties properly, whilst the country is crying out for help. Editor, since the No-Confidence Motion, under the shelter of ‘Ministerial Outreach’, the Ministers and party supporters have been running all over the country trying to bribe voters by making promises. What I find comical is that these Ministers and supporters know the conditions and issues affecting places and they never attempt to address any. Now that their fun is about to be cut, they are running around asking people of issues affecting them when they fully well know of the issues. At the Tuschen New Scheme, for instance, all the streets are in deplorable conditions, the main access road is the only one that is in a decent condition for vehicles to traverse. As a result of the condition of the streets, motorists find themselves spending a huge amount of money to repair their vehicles constantly and they are forced to overcharge passengers traversing the area. Now this is a scheme that developed under the PPP/C’s tenure and because the area was developing, heavy-duty vehicles were constantly using the streets, thus, after time, they started to deteriorate. Now this Administration, under the guise of ‘Ministerial Outreach’, is going around campaigning and pretending to listen to people’s cries. They fully well know the conditions of these areas and know that almost everywhere they go, residents will be asking for better roads, telephone lines, proper security, street lights, etc, but because their intentions are not what residents expect, the residents are being misled. What I am saying is that it makes no sense for you to be wasting hours going somewhere under the guise of going to help when you already know the situation of the place. Added to that, you have the NDC and the Regional Council that would be au fait with the conditions of these places and I am quite sure that this information would reach each Minister for their attention, which in most cases are being ignored, so instead of being in their office trying to do a proper job, they are wasting time and taxpayers’ money distracting people. Yes, taxpayers’ money is being squandered meaninglessly. So, they are piggybacking on the works of the PPP/C, riddled with more accusations of corruption and incompetence than the PPP/C and they have nothing tangible to show for the time they have been in office but they are wasting time going around the country in a feeble attempt to buy Guyanese votes. They should understand by now that Guyanese are not stupid and are fully well aware of their incompetence! Regards, S. Bates
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WEEKEND MIRROR 13-14 JULY, 2019
Racism is the last refuge for the PNCR-led Coalition gov’t Dear Editor,
T
he exposure of the grab for lands identified for important national projects has shown to the Guyanese people the true nature of this regime. It is a cabal that is intent on using the State apparatus to enrich itself. This latest act is a continuation of their behaviour. It is a pattern that has emerged. Recall that among their very first acts were to raise the salary of the Cabinet members and to give themselves almost unlimited allowances, travelling, housing, etc. In the process, they have practically abandoned accountability and transparency. Bribery and corruption became the order of the day. Shamelessly, the Ministry of the Presidency seems to be taking the lead as the most corrupt in the raping of this nation’s assets. Lands that have long been identified to do important projects, lands that should be kept by the State for allocation to projects that would benefit the country are now handed out to Government functionaries. It is clear that the intention is to make huge killings by selling back those parcels of land to Government or to oil companies for hundreds of millions of dollars. The get rich quick syndrome is on full display. What are these lands? These are lands where shore facilities are to be built to service the emerging oil sector. They are strategic lands for the building of deep water harbours or at areas where bridges could be built and
where roads and highways are proposed to be constructed. The one-acre plots handed out in Mocha are lands through which the road connecting the East Coast highway to the East Bank highway is to be built. It means that in a short while these pieces of land would become extremely valuable and no doubt could be used to speculate for big bucks. Or, indeed, the Government will have to buy it to facilitate the road. This is shameless corruption. Worse, it has now reached the highest office in our country. After all, it is the President who has the responsibility for lands here. The lands spoken about are not all the deals that are going down. The PNCR/APNU/ AFC vultures are also preying on poor people’s lands. Small miners are being pushed out to make way for the new PNCR elite. The Toroparo syndicate is a group of small miners hoping to make a living mining gold. They were working the lands before it became a closed area and were promised it when the area was opened. They are now saying that the lands were taken away from them and given to Mr Sorato Phillips. This is the same man of the Parking Meter fiasco. The response from the regime and its sympathisers was predictable. As usual, they are trying to make this a race issue. Lincoln Lewis, the head of the Guyana Trades Union Congress, in a letter in the Stabroek News on June 30, 2019, twisted the
story to claim that the Leader of the Opposition was accusing the Lands and Surveys Commission of “….favouring the African community…”. Other PNCR propagandists and supporters are saying the same things. That is total distortion with intent to mislead the people. What is being shown clearly is that the corrupt Government is giving themselves huge tracks of lands to enrich themselves at the expense of all the people of Guyana. Black, Indian, Amerindian, Portuguese, Chinese and Mixed. However, it is a blatant and racist attack, including on Black people. They want African Guyanese to come to the defence of this vulgar rape of our country’s resources. They hope that the African Guyanese masses would defend this heist by the elite once hey frame it as racist. Lewis and Ceres and those others have kept quiet when this PNCR-led APNU/AFC regime took away lands from small Black farmers on the West Coast of Berbice. Those lands were given to some sixty African Guyanese farmers by the PPP/Civic Government. The PNCR big wigs in the area were seizing it for themselves. President Granger had actually cancelled the leases. The people living there have been there for generations. Now they had to take the matter to court to defend their homes. It was Anil Nandlall who took their case to court and had that repossession reversed. Mr Lewis et al are not interested in those poor Black farmers. None of them went to their defence. That is not the class of Black people that they are interested in. Indeed, Mr Lewis himself had created much nervousness in the village of Kingelly, West Coast Berbice, when he claimed the whole village, where mainly African Guyanese reside, as his, by inheritance. Those African Guyanese, working people of Kingelly, had to take the matter to court and are being represented by the PPP lawyer, Anil Nandlall. Obviously, this labour leader has no interest in poor people, whether they are Black, Brown or White, he too is part of the elite. Look at what PPP/C Member of Parliament, Mr Harry Gill, disclosed on the repossessing of lands from small cash crop farmers at Bath, West Coast Berbice, and giving it to friends of the regime, including the PNCR/
APNU parliamentarian for the area. What the Leader of the Opposition exposed last Thursday is only the tip of the iceberg Extremely serious and very worrying as well is the allocation of lands to persons at the Elections Commission and SARA. The apologists for the corrupt regime have not raised an eyebrow to what appears to be an attempt to bribe public officials in strategic positions. The time and quantity of lands allocated to the Chief Elections Officer and the Deputy Head of the illegal SARA are bound to raise suspicions as to the real intent of the PNCR-led regime. Are they hoping that Mr Lowenfield will do favours for them at the Commission? Are they rewarding Hetemyer for the harassment of PPP/C officials? These are the types of behaviour that have damaged the moral health of our country in the past. It is such behaviour in the previous PNCR regime that entrenched corruption that Minister Hughes spoke about and has made it so difficult to root out. Here we are, once again, on the same road, but Ms Hughes is now deafeningly silent. The PNCR has succeeded in the past in filling the African Guyanese masses with a fear of change. The old PNC had plugged the line of “coolie domination”. This is the same message being plugged by today’s PNCR, the APNU. They have not changed. They want African Guyanese to defend the regime and protect it while it continues to pauperise the masses including the working-class Afro-Guyanese. In the meantime, the elite enriches itself by plundering the resources of the state. The difference today is that the African Guyanese working people have experienced governance under the PPP/C and the more conscious of them have recognised that the PPP/C Government dealt an even hand. It did not discriminate, contrary to the discredited propaganda of the APNU/AFC elite. Clearly, racism is the last refuge of these PNCR/APNU/AFC scoundrels. Yours respectfully, Donald Ramotar, Former President
Granger-led cabal must not be allowed to derail democracy
Basil Williams is using the Minister of Finance to put the Judiciary on trial
Dear Editor,
Dear Editor,
T
he plight of Guyanese continues to escalate to a level that is quite unbearable, while this APNU/AFC coalition Government refuses to resolve these issues. Most persons who voted for this coalition Government are awaiting the “good life”, promised by this Government, and it must be noted that only the ‘cabal’ of the APNU/AFC is enjoying the ‘good life’ in Guyana. The ‘good life’ that is being created for the APNU/ AFC cabal and the fright of losing it is the sole reason why David Granger refuses to announce a date for the Regional and General Elections that has been constitutionally due since March 21, 2019, while the farce of House-to-House Registration is being used to delay the elections. David Granger
should be held responsible for the disrespect of the Constitution and stifling of democracy. The situation in Region Five where an elected tier of Government is being allowed to be trampled upon by David Granger and his APNU/AFC coalition since its formation in 2015 can be considered an ideal example to convince Guyanese that David Granger is not a ‘Church Boy’, for democracy but an individual who joined with the forces to ensure that democracy continues to be disregarded. As Guyanese, we must not allow David Granger and his cabal to derail democracy in Guyana but ensure that we stand up against any individual or forces that would try to trample upon democracy. Regards, Zamal Hussain
G
uyana’s Minister of Finance, Winston Jordan, is currently before the Judiciary for Contempt of Court. Thus far, the Judges have fearlessly rejected the contention that Executive Officers of the State are immune from “contemptus curial”, in the discharge of their official functions. A Stay of Execution sought by the contemner against the subject order was refused by an appellate court. The Attorney General has signaled an intention to appeal, rather than comply with the Order of Court. In my respectful view, the Attorney General is leading his Executive colleague willingly to the slaughterhouse. The principle involved is much larger than the case. In essence, the Attorney General is using the Minister of Finance to put the Judiciary itself upon trial. They say, “Fools usually rush in, where wise men dare not enter”. Perhaps, we are witnessing the application of this axiom. The jurisprudential nature, purport and rationale of contempt and the Court’s jurisdiction in this regard were eruditely expressed by that legend in legal literature, in the Union of India, VG Ramachandran, in his classic, “Contempt of Court”, (2002) at page 3, where the learned Professor states: “The foundation of the Judiciary is the trust and the confidence of the people in its ability to deliver fearless and impartial justice and as such no action can be permitted which may shake the very foundation itself. The purpose of contempt jurisdiction is to uphold the majesty and dignity of the courts of law. It is an unusual type of jurisdiction combining “the jury, the Judge and the hangman” and it is so because the Court is not adjudicating upon any claim between the litigating parties. This jurisdiction is
not exercised to protect the dignity of an individual Judge but to protect the administration of justice from being maligned. Power to punish for contempt is for maintenance of [an] effective legal system.” It should be clear, therefore, that every law-abiding citizen and those who believe in the rule of law must have more than a passing interest in the ongoing legal imbroglio. I certainly do. There is no swifter way of haemorrhaging public confidence from any judicial system than by its incapacity or inability to enforce its own edicts. When this occurs, the courts of law lose both their majesty and dignity and the law is easily made an “ass”. Several of my clients are the victims of the willful neglect by this Minister of Finance to obey Orders of the Court. He does so contumaciously, upon the counsel of the Attorney General, who, so frequently, misconceives his role in the legal process. I have written numerous letters to, attempted to serve multiple Court Orders upon, and had countless conversations with the Minister of Finance on his neglect to obey Orders of Court. At the risk of being audacious, I informed him that in the end, the Attorney General would not accompany him to the gaol. The only reason I did not file proceedings similar to those that are pending, is because the Minister of Finance intentionally eludes personal service of the Court Orders by a Marshal of the High Court, which is a mandatory legal requirement, prior to the launch of such proceedings. I salute my colleague, Timothy Jonas, for his sheer tenacity. In consequence, several of my clients are, perversely, denied the fruits of their judgement, while powerful political officer holders flex their egotistical muscles. In the meanwhile, interests continue to accumulate upon these judge(Turn to page 7)
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Is this not discriminatory? Dear Editor,
A
s regards the ‘land grabbing expose’ by the Opposition Leader, it is good that Mr. Jagdeo revealed what he did at his most recent press conference. Why? Because had he not done so, the Guyanese people would still be in the dark concerning what appears to be the harvesting of a bonanza by a favoured few. We the people should know about such things anyway. It is also good because had Jagdeo not done what he did, we would not have benefitted from the responses by Messrs. Benn, Ceres and Phillips. Thanks to the expose, we now know what these men are purported to own and how they got what they now own. Their responses are instructive for a host of reasons. First, in respect to the hullabaloo from those affected, and other individuals in this matter, we should not overlook the contribution by the free press and social media. Had the free press not published the information provided by Mr. Jagdeo that would have been to the advantage of the government. The free press took away that advantage from government by making the public aware of who’s who, and who allegedly got what in the ‘land giveaway’ controversy. To get to the bottom of the controversy
and to bring some balance to the debate while it rages, there are some fundamental questions that must be answered: • Were Guyanese aware of the ownership of the huge swathes of land to the individuals named? • Is it factual that the individuals named are the true beneficiaries of the huge swathes of land? • Are the six individuals named employed at the government agencies and departments mentioned? • Do the government agencies and departments named fall under the Ministry of the Presidency? • Does President Granger have portfolio responsibility for the GL&S Commission and the Department of the Environment? • Was the President informed/aware that staff members at his ministry had applied for and were granted huge swathes of land? • Who legally owns the 80 acres of land identified at Bohemia? • Are the explanations offered by Mr. Trevor Benn in relation to land for Ceres, Lowenfield, the unnamed MP, and Allen verifiable and acceptable? • Who are the opposition members that approached Mr. Benn for help and were granted leases? • Who are the former ministers of government and several high-ranking government
WEEKEND MIRROR 13-14 JULY, 2019 officials who received lands prior to 2015? • Is there a political connection between the Ministry of the Presidency and the beneficiaries of the “giveaways” named by Jagdeo? • Can the “above market value” and payment of more for less land at Liliendal be quantified by Mr. Ceres in G$? • Is the leasing fee $900,000 or $200,000 per year, per acre for the land at Liliendal owned by Ceres? • Can the price for the size of land allocated to Mr. Ceres at Liliendal be compared to the price for land sold/leased to Movietown, Giftland or Texila University? • Is it public knowledge that a deep water harbour was proposed for Dallawalla at Linden and a shore-based facility at Bohemia on the Berbice River? • Did Mr. M. Bristol, Project Management Officer at the Ministry of the Presidency have access to confidential information about locations for major infrastructural projects in various regions of Guyana? • How many of the 1,543 leases approved and disbursed by the GL&SC were approved in less than three months following the APNU+AFC’s assumption to office and immediately following passage of the NCM and to whom? • In the interest of transparency and for the avoidance of ethnic bias, can the GL&SC publish a total breakdown of the 1,543 names, ethnic composition, acreage of land approved, their location, for what purpose, and the period of approvals? All things being equal, Jagdeo’s revelations accentuated the intrinsic connections between persons employed at the Ministry of the Presidency and their relationship with the Guyana Lands and Surveys Commission. In the current political environment, coupled with the mode of governance by the APNU+AFC, with which every Guy-
anese is acquainted, it is not unreasonable to conclude that such a relationship is characterized by kith and kin values, which in practice, ought not to be underestimated. Compare the massive allocations of state lands, to the meagre 0.3030 acres of land bought legally by the allottees at Pradoville 2 which SARA is currently fighting tooth and nail to re-possess from their rightful owners. Is this not discriminatory? Isn’t there something ethnically and politically peculiar about the targets? And what is SARA’s on-going witch hunt based on? In this connection, one is left to ponder the following statement by Mr Benn: “Public officials have a right to apply and be issued with leases for government land regardless of which government employee you are.” The inferences and relevance of Mr. Benn’s statement to the Pradoville 2 matter now in court are as uncanny as they are duplicitous. The storm that has arisen in government quarters over the Jagdeo disclosures, must have sent government propagandists scampering hither and thither to cut and paste answers, or ducking for cover, or simply hiding, as President Granger is wont to do whenever controversial issues of this nature surface. Mr. Philips is a leading light in SARA, he chose to condemn Jagdeo’s expose of land allocated to him as ‘lies fueled by racism.’ But this is the same Philips who, having benefited from huge tracts of land granted to him on the one hand, is pushing SARA aggressively to repossess house lots at Pradoville 2 on the other. I believe this is called double standards. Yours faithfully, Clement J. Rohee
The APNU+AFC cabal that squandered every opportunity given to them was rightly deposed by no-confidence motion Dear Editor,
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his day I call the heavens and the earth as witnesses against you that I have set before you life and death, blessings and curses. Now choose life, so that you and your children may live,” Deuteronomy 30:19. Life is about the choices we make. A citizen has a right or some may say a privilege to vote and elect their leaders in a democratic society. That process which is enshrined with constitutional protection that allows freedom of expression, association, conscience and assembly should be considered as a foundation on which one stands when he/she participates in the democratic process. Guyana’s system of Government is a democracy, it is not a theocracy. God does not elect and protect Governments, people do. Christians in particular must not be cajoled by enticing statements and subliminal messages using biblical undertones. Justice, righteousness and equity should be guiding principles. Guyana’s National Assembly voted on December 21, 2018 that it had no confidence in the Granger led Coalition Government. Judas, Satan or Lucifer are not members of the National Assembly, it was 33 honorable men and women elected representatives of the people who exercised their rights as enshrined in the Constitution of Guyana that rendered such a defeat. It was not a battle between God and Satan, it was about policies, programmes, actions and
measures that were inimical to the interests of the Guyanese people. Those actions were rejected by the legitimately and constitutionally positioned representatives of the people. The deposing of that cabal who squandered every opportunity that was given to them to govern Guyana can be described as an act of righteousness. It was done to protect families of sugar workers who were vindictively and politically ostracized. The closure of these estates were done without any feasibility study or any socio-economic impact assessment and even against the recommendations contained in the Commission of Inquiry (COI) that was mandated by this very Coalition Government. It was done to protect the country’s wealth from a kleptocratic Government; we must remember the collecting of the US$18 Million signing bonus, not placing it in the Consolidated Fund and the constant denial of its existence by senior members of this now defeated administration. Thirdly, it was to further protect Guyanese from the perverse measures that saw the increase in over 200 taxes in licenses, fines and fees, taking away a further G$85 Billion of disposable income annually from citizens. It was about the disappointment of the people, the rice farmers who were promised G$9,000 per bag for their paddy, the public servants who were promised significant increases in wages and salaries, the men and women in uniform who were promised better
remunerations but instead lost their annual one month tax free bonus which was later described by this Government as a bribe the PPP/C Government gave. It was about the G$10,000 per child cash grant that parents lost, the removal of the subsidies on water and electricity from our seniors, and the imposition of 14% VAT on the latter, all of which was done after giving themselves a 50% increase on their salaries which they lied consistently about until it was found out. While a small cabal of cronies is enjoying the “good life”, 30,000 jobs have been lost since May, 2015 and many families experiencing grave hopelessness. The speed and brazen manner in which corrupt deals were struck with “political investors” such as the Jubilee Durban Park, the Sussex Street Drug Bond, the sole sourcing of G$605 million of pharmaceuticals for GPHC, the fuel smuggling racket, the fertilizer deal, HDMS Labs fiasco, the infamous trip to China, the undisclosed visit by the famous 5 to Houston Texas, the feasibility study of the New Demerara Harbour Bridge imbroglio, the awards of scholarships to Ministers of Government and families and friends of senior Government officials, the poorly negotiated PSA with Exxon Mobil and the list goes on. This stench of corruption was so obnoxious that even staunch supporters of the Coalition Government sought relief. The way forward was to purge the society of this incompetent, useless, tone deaf administration.
A vote of No Confidence in the National Assembly should have led to elections in 90 days which would have seen a change of Government. The indecent and shameless clinging on to power by way of spurious and incredible arguments is certainly not Godly or an act of righteousness. It is desperation, an abuse of the legal process, an abuse on the constitution, a transparent display of the undemocratic nature of these modern day Pharisees. If you talk about God, you must be godly. It is not by your talks that you are defined, it is by your actions. The fruits of unrighteousness are already bearing after just four short years. The journey through the Courts, both locally and at the CCJ, and the arguments that were proffered exposed the depth of depravity that this APNU/AFC Government is prepared to take us. Elections 2019 that is before us will give every Guyanese an opportunity to intelligently compare, analyze and then choose the team that is best for the leadership, securing the interest and protecting the patrimony of Guyana. It is my considered view that the PPP/C, even with its admission of human limitations, is still the best tried and tested team that will take Guyana into a prosperous and progressive future. We will right the wrongs, open new frontiers, restore hope and restore dignity. Yours sincerely, Bishop Juan Edghill PPP/C MP
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WEEKEND MIRROR 13-14 JULY, 2019
We must all reject this push by the PNC to go back to 1985 Dear Editor,
We cannot be selective in our T acceptance or interpretation of the CCJ’s ruling Dear Editor,
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uyana is entering a new phase in its political and constitutional life. The country for the first time in 2015 saw the PPP/C Government taking the unprecedented step to prorogue Parliament almost a full year ahead of its 5-year term. The decision taken by the then President Donald Ramotar resulted from an attempt by the minority AFC to move a No-Confidence motion against the PPP/C Government which the combined AFC had hoped to successfully move with the support of the APNU given the one seat majority of the combined parliamentary opposition. That decision by the former President, paved the way for fresh elections in May 2015 which the APNU-AFC narrowly won by a one-seat parliamentary majority. And in what some view as poetic justice, the APNU-AFC has fallen on a no-confidence motion ahead of nearly one and a half year of a full 5-year term. The APNU-AFC took recourse to the Court to have the no-confidence vote negated, which went all the way to the CCJ where the Motion was eventually upheld thereby rendering the Government unconstitutional. Despite the ruling, President David Granger is still to name a date for elections insisting on the need for a new house-tohouse registration to create a new Voter’s
List. This is unlikely to be completed within the constitutionally mandated period, which could pose a serious challenge to the Rule of Law and the democratic norms of the country. It is interesting to see what consequential orders would be forthcoming from the CCJ on July 12 given the apparent inability of the parties involved to arrive at a consensus both with respect to the date for elections and the appointment of a new GECOM Chairman. Meanwhile, the constitutional clock continues to tick at overdrive speed. The administration continues to behave as though it is business as usual, blissfully ignoring the fact that the Constitution is under severe stress. Guyana observed Caricom Day on July 1, which is declared a national holiday. The continuing failure by the Guyana Government to abide by the ruling of the CCJ, which is the judicial arm of CARICOM could be seen as a departure from the concept of regional sovereignty. This does not auger well in terms of regional integration and confidence in our regional institutions to represent the best interests of constituent member states. We cannot as a country be selective in our acceptance or interpretation of the CCJ’s ruling. This will only serve to undermine the integrity and credibility of our regional Court. Sincerely, Hydar Ally
Basil Williams is using... ments at taxpayers’ expenses. My grandmother used to say, “Moon a run till day ketch am”. Against such reality, it is difficult to empathise with the Minister of Finance or the Attorney General. Readers will recall that the legal proceedings, which eventually led to the judgement against the State obtained by Dipcon Engineering Limited, is a sordid narrative of the incompetence of the Attorney General. He failed to appeal the High Court judgement within the prescribed time, and then filed an application, several months late, for an extension of time, to file an appeal out of time. The Guyana Court of Appeal roundly rejected the reasons which he proffered for his tardiness. He sought to blame yours truly and the staff at the Ministry. The Court simply refused to believe such manifest falsehoods. In his attempt to appeal the Court of Appeal’s decision to the Caribbean Court of Justice (CCJ), he committed the elementary error of filing the wrong process. Notwithstanding, the CCJ examined the reasons advanced for his tardiness. In dismissing the appeal, the Court expressed the following caustic remarks: “In her oral submissions, counsel for the State laboured the point that a lot of money was at stake and the case was of great public importance. These very factors highlight how unacceptable are the reasons for the State’s failure to be aware of this pending litigation and the award of judgment, and its failure to apply urgently for an extension of time within which to appeal. To say, regardless of who was in Government, that the State failed to satisfy the most basic standard of care is an understatement.” It is because of this history that I verily believe that the State’s refusal to satisfy the judge-
(From page 5)
ment is devoid of bona fides and is inspired by spite, ego and vendetta. The public is aware of the State’s scandalous payments of millions of dollars in settlements, both in litigation and without litigation, in various instances. One readily recalls the US$6.5 million, paid to BK International Inc on a mere pre-action letter, in relation to Haags Bosch dumpsite, whereas in fact, the State should have sued that company for breach of its obligations under the contract. The judgements I have obtained against the State, which are intentionally being ignored, include millions of dollars in compensation and costs, awarded to the poor rice farmers of West Coast Berbice and several public servants, who were wrongfully dismissed by the Government since 2015. These poor and ordinary Guyanese journey to my office, weekly, enquiring about payments on their judgements. I am forced to disappoint them on each occasion. Additionally, I have sued Dipcon Engineering Limited and obtained judgements against them for and on behalf of twenty ex-employees, who are owed severance pay remuneration under the Termination of Employment and Severance Pay Act. I have already obtained requisite Orders of Court directing Dipcon to satisfy these twenty judgements when the State honours its judgement. So, twenty poor Guyanese families are being denied millions of dollars owed to them because of the Minister of Finance’s refusal to obey the judgement obtained by Dipcon. Sincerely, Mohabir Anil Nandlall, PPP/C MP and Attorney-at-Law
o properly understand the gravity of David Granger’s gambit pertaining to the appointment of the Chairman of GECOM, one must walk back to the year 1985. Forbes Burnham had died in August 1985 and he was succeeded by Desmond Hoyte. Guyana in 1985 was hoping for a fresh wind of change with Burnham’s death. The PNC dictator was dead and that development presented the nation with a golden opportunity to repair itself. The holding of free and fair elections and elections free from fear in December 1985 was the first imperative to put Guyana back on the progressive path. Unfortunately, Hoyte stubbornly refused to budge on any of the prerequisites to hold free and fair elections. Although as a former Minister of Finance, he was aware of the situation where the nation was in a race to the bottom, he refused to institute reforms. Some insiders told me that he was afraid of the PNC strongmen at that time. Thus he complied with the “diktats” of those strongmen. He refused to count the ballots at the place of polls. And most importantly he refused to demolish the system where the Elections Commission Chairman was unilaterally appointed by the Head of State without consulting anyone. At that time we had an Elections Com-mission Chairman called Harry Bollers who was nothing but a post box or a glorified rubber stamp. His role was just to pass documents and messages between interested parties. The end result from this immoral structure was that those 1985 elections turned out be the most rigged, manipulated and crooked elections in the entire history of Guyana. Since then the majority of this nation, (not only the PPP), including non-political players like the Electoral Assistance Bureau, the Private Sector, the Catholic Church, the Anglican Church, along with friends of democracy in the Diaspora, the International Community, the Carter Center among others, were able to leverage the powers of the United States of
America to isolate the PNC political, financially and diplomatically. The situation was made untenable for the PNC cabal to the point that no one internationally wanted to do business with them. Hoyte relented and did the right thing. What Hoyte did in 1990 was that he placed his country first rather than his party and facilitated free and fair elections in 1992. By and large, this nation, (not the PPP or PNC), took the sensible road to ensure that the Carter-Price Model was instituted for the 1992 elections. In a newspaper article written in the Stabroek News on April 7, 1991, Hoyte was quoted as saying that “he will seriously consider a list of five candidates supplied by the Opposition Leader”. History has shown that Cheddi Jagan provided those names and Hoyte extracted a name – Rudy Collins. All of Guyana (civil society, the political parties and the ordinary man with the full support from our friends in the international community) collectively rejected the 1985 system at that time and there is no reason to believe that my nation thinks differently today. So why is the PNC trying to go back to the 1985 system? We must all reject this push by the PNC to go back to 1985. What that Carter-Price Model achieved was segregation of duties. In business, if one person selects the contractors, books the transactions, pays the bills, and reconciles the bank accounts, there is a strong possibility that you can very well be robbed because there are no checks and balance in the value chain. That is why in business we insist on segregation of duties to allow the internal control systems to protect the business. Similarly, this act of segregating of duties where the Leader of the Opposition selects the list of six names to submit to the Leader of Govern-ment who then selects one must be seen as one that is inclusive, one that protects the nation from autocratic actions, and one that encapsulated all the key ingredients of democracy. Yours faithfully, Sase Singh
Trotman and his negotiating team have squandered our patrimony Dear Editor,
W
ith ‘first oil’ due to flow in 2020, and oil ‘experts’ abound, Guyanese are still unsure of what exactly will flow to our national coffers. I took the time to do some research and would like to share the results with your readership. Production is expected to be 120,000 barrels per day, the revenue earned from this annually at current world market price of $57 USD per Barrel would be 120,000 X 57 =$6,840,000 X 365 =$2, 496,600,000 (Two Billion Four Hundred and Ninety Six Million six Hundred Thousand USD) . Before we take our share, operational costs must be subtracted, 10%, and cost recovery 65% , this amounts to $1,872,450,000 and the remainder$ 624,150,000 is then split evenly between the production company (ExxonMobil) and Guyana. During the cost recovery years Guyana will be earning $312,075,000USD per annum. It follows that when the cost of the FPSO (Floating Production Storage and Offloading vessel) is paid off by 2023, Guyana would earn $1,123,470,000 USD per Annum, right? Not so fast! Because we do not have Liza 1 ‘ring fenced’ instead of reaping this massive increase in revenue, we will watch it flow to
the payment of the next FPSO for LIZA2. This scenario will replicate with all the production for many years to come, there are three more FPSO’s to pay for at $4 billion a pop! To be clear, Liza1 and 2 will be paying for Liza 3, Liza 1,2,3 will be paying for Yellowtail etc. at some point it will all be caught up, all the wells will be functioning and we will be earning at our full potential right? No, as the fourth well comes into production, Liza 1 will be closing up, without us ever having the benefit of earning from it in billions, our peak earning would have been the same as year one, Three Hundred and Twelve Million, I do hope this short synopsis shows clearly that even when we have three wells producing at full capacity, we (Guyana) will not be earning as much as what we should be from one well had there been ring fencing provisions. Raphael Trotman and his negotiating team have squandered our patrimony, the Granger administration’s haste to approve the Production Sharing Agreement to prop up its failures in every other sector of the economy have cost us more than money; our very dignity has been lost; forever we may be regarded as a nation of Jaguars led by Jackasses. Sincerely, Robin Singh
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WEEKEND MIRROR 13-14 JULY, 2019
Process to appoint a new GECOM Chair Granger’s eight suggestions for Jagdeo submits ‘starting-point’ list in process GECOM Chair connected to PNCR to appoint new GECOM Chair
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wo days after the July 4, 2019 meeting between teams from the Parliamentary Opposition and the Government met to agree on a process to consensually arrive at the appointment of the new Chairperson of the Guyana Elections Commission, a starting-point list was submitted by Opposition Leader, Bharrat Jagdeo. Writing to Director General, Joseph Harmon, on behalf of Jagdeo, People’s Progressive Party (PPP) Executive, Gail Teixeira, in a letter dated July 6, 2019, said: “I, hereby, on behalf of the Leader of the Opposition, Hon. Bharrat Jagdeo, M.P., re-submit the names of nominees for the post of Guyana Elections Commission (GECOM) Chair, appropriately adjusted, which were submitted in 2017.” According to her, the names of following persons gave their consent, to be submitted for consideration: 1. Annette Arjoon-Martins 2. B. S. Roy (Retired Justice of Appeal) 3. Gerry Gouveia (Captain) 4. Joseph Singh (Retired
Major General) 5. Kashir Khan (Attorney-at-Law) 6. Krishnadatt Persaud (Former Senior Magistrate) 7. Lawrence Latchmansingh 8. Norman McLean (Retired Major General) 9. Onesi La Fleur 10. Ramesh Dookhoo 11. William Ramlall (Retired Puisne Judge) Teixeira, in her letter said, “The Ministry of the Presidency would already have the Curriculum Vitae (CVs) for each nominee on record, since the Opposition Leader submitted these in 2017.” The 11 persons were on the list of 18 names that were submitted to and rejected by President David Granger, who then proceeded to unilaterally appoint retired Justice James Patterson as the Chairman of GECOM. The Caribbean Court of Justice (CCJ) has since ruled that Granger’s appointment of Patterson was flawed and in breach of Guyana’s Constitution. Relative to the way for-
ward, Opposition Leader, Bharrat Jagdeo, has made clear that he expect the engagements between the Parliamentary Opposition and the Government to be completed swiftly. He has said, “Should we not have six names coming from those 18, appropriately adjusted, then we will suppling additional names – of course the President can suggest names too, but at the end of the day we have to make a determination that it (what Granger submits) is acceptable to us…we are prepared to consider names, if the President were to suggest, in an informal process. “…what is clear though is that the constitutional responsibility to submit the six names is that of the Leader of the Opposition. The CCJ ruling did not change the Constitution. The Constitution of Guyana say that six names (as nominees for the post of GECOM Chair) must originate from the Leader of the Opposition and it must be done only through consultation with the non-governmental parties in Parliament. That is what the Constitution says.”
ust over a year ago, in March 2017, President David Granger insisted that any nominee for the post of Chairperson of the Guyana Elections Commission (GECOM) must preferably not only be a judge or eligible to be judge but must not be an activist or member of any political party. “That person will not be an activist in any form (gender, racial, religious etc)” and “that person should not have any political affiliation or should not belong to any political party in any form, apparent or hidden,” Granger said in a letter to Opposition Leader, Bharrat Jagdeo, which was dated March 14, 2017. Since then, the Caribbean Court of Justice (CCJ) ruled that Granger’s unilateral appointment of retired Justice James Patterson was done via a process that was flawed and in breach of Guyana’s Constitution. In an effort to reach consensus for the timely appointment of a new GECOM Chair, the Opposition Leader, on July 4, 2019, indicated that he is not “averse” to receiving suggestions on nominees for the post of GECOM Chair from President Granger – while stressing that the Constitution ultimately empowers him, as Opposition Leader, to make a final nomination of six nominees to the President. Granger on July 8, 2019 made eight submissions:
1. Stanley Ming 2. Kim Kyte 3. Kesaundra Alves 4. Dr. Aubrey Armstrong 5. Retired Justice Claudette La Bennett 6. Retired Justice Stanley Moore 7. Kadim Khan 8. Retired Justice James Patterson Despite Granger’s previous position that a GECOM Chair must not have political affiliations, all of his eight suggestions are persons linked to the People’s National Congress Reform (PNCR), the political party that Granger leads. Ming, 68, is a former PNCR Parliamentarian (2001-2006) and a member on PNCR’s List of Candidates for several General and Regional Elections Kyte, 41, was the litigant in the Government’s case on the challenge to the appointment of Patterson on GECOM Chairman, when it was argued before the Guyana’s Chief Justice. Alves, in her 40’s, is the daughter of Kester Alves, spokesperson for the former Forbes Burnham-led PNC government and Advisor to Burnham. Armstrong, in his 80’s, is a card-bearing PNCR member and was a contender for the PNCR leadership, as well as a member on PNCR’s List of Candidates for several General and Regional Elections La Bennett, in her late
70’s, is seen as being close to the PNCR. Moore, in his late 80’s, was the former PNCR Minister of Home Affairs. Khan, 67, was a former PNCR Parliamentarian (1998-2000), treasurer for the PNCR (1996-2000) and a member of the Central Executive Committee of the PNC, as well as a member on PNCR’s List of Candidates for several General and Regional Elections. Patterson, 86, according to Granger himself last Thursday (July 4, 2019), is part of Guyana’s “electoral history” – as the GECOM Chairman who was unilaterally appointed in October 2017 – and will not be considered again for the post. People’s Progressive Party/ Civic (PPP/C) Parliamentarian, Juan Edghill, in a comment to Mirror Newspaper, said, “Two of the eight, on their CV (curriculum vitae) that were submitted to the Opposition Leader, declared political affiliations with the PNCR, which is the main player in this APNU+AFC Coalition government.: He added, “The suggestion of the eight names is either meant to be an act of provocation to create a new controversy or is the transparent ploy that reveals the President’s duplicitous nature.” The eight persons, given clear political linkages, were not favoured by the Parliamentary Opposition.
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WEEKEND MIRROR 13-14 JULY, 2019
Process to appoint a new GECOM Chair First meeting….
Despite Granger’s assurance, first meeting on new GECOM Chair a ‘non-starter’
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he timeline is “a matter of days,” declared President David Granger on Thursday (July 4, 2019), when asked about how long the process to arrive at the appointment of a new Chairperson of the Guyana Elections Commission (GECOM) would take. However, at the first meeting of smaller teams representing Opposition Leader, Bharrat Jagdeo, and President David Granger, on Monday (July 8, 2019) at Castellani House on Vlissengen Road, this declaration took on the tone of political platitudes. The team representing Jagdeo included: People’s Progressive Party (PPP) Executive, Gail Teixeira; and People’s Progressive Party/ Civic (PPP/C) Parliamentarians Anil Nandlall and Juan Edghill. The team representing Granger included: Director General of the Ministry of the Presidency and General Secretary for APNU, Joseph Harmon; People’s National Congress Reform (PNCR) Chairperson, Volda Lawrence; and Alliance For Change (AFC) Leader, Khemraj Ramjattan. On July 6, 2019, the Opposition Leader submitted the names of 11 persons nominated to be considered, including: Annette Arjoon-Martins; B. S. Roy (Retired Justice of Appeal); Gerry Gouveia (Captain); Joseph Singh (Retired Major General); Kashir Khan (Attorney-at-Law); Krishnadatt Persaud (Former Senior Magistrate); Lawrence Latchmansingh; Norman McLean (Retired Major General); Onesi La Fleur; Ramesh Dookhoo; and William Ramlall (Retired Puisne Judge). It was the agreement of the
July 4, 2019 meeting that the Opposition Leader would submit names from the list of 18, appropriately adjusted, which were submitted in 2017 to President Granger as a starting point. POLITICALLY EXPOSED However, at an impromptu news conference on Monday evening, Edghill disclosed that the July 8, 2019 meeting saw the eight names being submitted as the “Government’s submissions” – without any move to even consider the 11 names. Edghill noted that the process at hand involves the Opposition Leader and the President, hence a submission from “Government” was surprising. “The government team informed us that the President had no view on the 11 names… they have no instructions from the President on the 11 names,” Edghill said. The persons named by the Government included: 1. Stanley Ming 2. Kim Kyte 3. Kesaundra Alves 4. Dr. Aubrey Armstrong 5. Justice Claudette La Bennett 6. Stanley Moore 7. Kadim Khan 8. Retired Justice James Patterson Notably, the naming of Patterson comes as a surprise, given that Granger himself said this was not a possibility. During a press conference on July 4, 2019 – after the meeting between the Government and Parliamentary Opposition teams – Granger was asked: “Could you indicate if you will nominate, at some time, along
with the Opposition Leader, Justice Patterson for consideration for the position, given that he held it recently?” Granger, in response said: “With respect, Justice Patterson is part of Guyana’s electoral history. I don’t want to go back to that. You all know what occurred. And he is very graceful. During the brief period he was Chairman, he steered the Commission forward and I am quite satisfied with his performance. The CCJ has ruled and I am not going back to that issue.” NO SHOW OF GOOD FAITH Teixeira, during Monday evening’s news conference stated that the meeting was disappointing for two reasons: the President’s failure to present the names before the meeting and his representatives statement that they “had no instructions” about the 11 names already submitted. She said, “We went to the meeting in good faith…after the July 4 meeting there were some agreements reached…the government had a little over 48 hours in which they were able to examine our list and for the President to indicate what was acceptable and what was not.” “…the issue was there was nothing to stop government from giving us the names earlier and coming to the meeting prepared to deal with the 11. That was the decision on July 4 that we will commence the process with 18 names appropriately adjusted. That is what we went to the meeting for to learn for the first time which of the 11 names if any are ‘not unacceptable’ to the President. “…it appears as if the
“The agreement of the July 4 meeting was that the first step is that we would commence the process by considering the 18 names, appropriately adjusted, that were submitted by the Leader of the Opposition….that is what we agreed to.” - PPP Executive, Gail Teixeira government side, the President’s representatives wanted to move full steam into their eight names…they were not even prepared to deal with our 11 names….Guyana has not been privy to the reasons of the President for rejecting the names we had submitted, of which the 11 was included…the CCJ made it clear that reasons had to be given. “…the agreement of the July 4 meeting was that the first step is that we would commence the process by considering the 18 names, appropriately adjusted, that were submitted by the Leader of the Opposition….that is what we agreed to….I think the Government was pleased with themselves today, but this is not good for our country…the issue of a GECOM Chairman has to be addressed and addressed urgently….we take very seriously what has happened. “…the Constitution has not been changed. The roles are clear….while the Opposition Leader said he was not averse to accepting names from President Granger, he made it clear it was a recommendation…for the President to impose eight names and not be willing to consider the 11 names are indications that the Government is not serious about moving forward. “Today was unfortunate and this is not an indication of good faith efforts…this is a pattern….
we meet with the President, we have agreements and at subsequent meetings we see from the first instance clear breaches of good faith.” CONSTITUTION IS CLEAR Meanwhile, Nandlall stressed that the Constitution of Guyana is clear. “The Opposition Leader has the fundamental function to submit six names to the President for him to consider for appointment…the only other obligation that the Leader of the Opposition shoulders is to consult with non-governmental parties in the National Assembly…the Opposition Leader’s responsibility is clear cut….. in the interregnum we have the ruling of the CCJ…all the CCJ did was guide us on principles as to how Article 161 can be operationalized….the term ‘good faith’ was used in excess of 30 times in that judgement…. against that backdrop we began the engagement,” he said. The PPP/C Parliamentarian added that, “It was our clear understanding that we were going there to consider the 11 names… and that the government team would tell us which of the 11 are acceptable and which are not….lo and behold we are confronted with a list from the Government…the government team instructs us that they have no instructions to deal with the
11 names…that violates the notion of good faith. “…here it is at the first meeting, the government team indicates that it has… what we went there for? All we did was receive eight names…I could’ve gone home and done other things… imposing eight names and not allowing us to go through the 11 are not good indications that government is prepared to move forward…it does not augur well for the continuation of the process. “…look at those names… some persons are highly politically connected to the government. The President had previously called for Judge-like qualities [such as] impartiality, integrity, [and being] above the political fray. If that is the President’s position one would expect him to put names of similar character and pedigree.” He added that the teams “cannot be operating across purposes” if a timely decision is to be made. On the notion being peddled that Granger can use the proviso provision in the Constitution to make another unilateral appointment, Nandlall stressed that this is not an option – in line with the CCJ ruling – given that engagements between the Government and the Parliamentary Opposition have commenced and are ongoing. (Turn to page 10)
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WEEKEND MIRROR 13-14 JULY, 2019
Process to appoint a new GECOM Chair Second meeting…
Efforts ascertain if six of 11 names submitted to Granger were ‘not unacceptable’ unsuccessful A
t the end of day two of the informal negotiations between the representatives of Opposition Leader, Bharrat Jagdeo, and President David Granger, on the appointment of a new Guyana Elections Commission (GECOM) Chairperson, pronouncements were made in the 11 persons named informally by Jagdeo for the President’s consideration. On the issue of consultation, the June 18, 2019 judgment of the Caribbean Court of Justice (CCJ) said: “[Paragraph 33] Article 161(2), therefore, requires that the list of eligible nominees for the office of Chairman of the Elections Commission be finalized through a process of consultation, dialogue and compromise between the President and the Leader of the Opposition and that this process is to be completed before the list is formally submitted by the Leader of the Opposition to the President.” It added, “[Paragraph 26]: The requirement for ‘meaningful consultation’ between the Leader of the Opposition and the non-governmental political parties that may be represented in the National Assembly is
clear and needs little elaboration…we are of the view that the most sensible approach is that before a list is submitted, the Leader of the Opposition and the President must communicate with each other in good faith on, and perhaps even meet to discuss, eligible candidates for the position of Chairman. The aim of these discussions must be to agree the names of six persons who fit the stated eligibility requirements and who are not unacceptable to the President.” FIVE REJECTED At the meeting the views of the President’s representatives on the list of 11 names submitted by Jagdeo on Saturday, July 6, 2019, with regards to their “not unacceptability” were sought. President Granger’s representatives – Joseph Harmon, Volda Lawrence and Khemraj Ramjattan – advised that: 1. Two names were under “active consideration”; 2. Four names were shortlisted for possible consideration; and 3. Reasons for the rejection of five names were offered.
A press statement, on Tuesday (July 9, 2019) evening, by Jagdeo’s representatives –PPP/C members Gail Teixeira, Anil Nandlall and Bishop Juan Edghill – stated that efforts ascertain if this meant that these six names were “not unacceptable” to the President were not successful. We were also seeking clarity on what “active consideration” means versus “shortlisted” and none was given. The representatives of the Leader of the Opposition indicated that they will be bringing additional names, now that the review of the 11 names was almost completed. GRANGER’S EIGHT The representatives of the Leader of the Opposition affirmed that since the eight names informally submitted by the President were “not unacceptable” to him, the Leader of the Opposition, in compliance with the Constitution, would take note of that in consideration of the six names he will submit to the President. “The Opposition Leader’s representatives advised that they would report on the response of
the Leader of the Opposition, but, made no commitment to discuss the eight names,” the statement said. It added, “It was emphasized, repeatedly, by the Leader of the Opposition’s representatives at the meeting that the CCJ upheld the remit of the Leader of the Opposition to submit names, “not unacceptable” to the President, and that he did not have to offer reasons for his acceptance or rejection of names suggested informally by the President. Granger’s involvement, relative to suggesting names, stems from guidance of the Caribbean Court of Justice. The June 18, 2019 ruling said: “[Paragraph 27]… In our view, employment of the double negative, ‘not unacceptable’, signals that an onus is placed on the President not to find a nominee unacceptable merely because the nominee is not a choice the President would have himself made. The President should only find a nominee unacceptable for some good reason on objective grounds. If a President were permitted, capriciously or whimsically, without proffering a good rea-
son, to reject eligible nominees, this would frustrate the proper working of the Constitution, defeat the intention behind the amendment to Article 161(2) and pave the way for unilateral presidential appointment.” “[Paragraph 28] Once the President and the Leader of the Opposition have hammered out a list of names not unacceptable to the President, the list, comprising the six persons, must then formally be submitted to the President by the Leader of the Opposition and the President must then select the Chairman from among those names. This approach gives the President a role in the identification of the six names, but it obviates the possibility that, after the formal presentation of the list, the President could suggest that one or more of the names, or indeed the entire list, is ‘unacceptable’.” REASONS MUST BE GIVEN Jagdeo’s representatives also disclosed that at this stage of the negotiations, both sides agreed that the names and reasons for rejection would not be made public.
Despite Granger’s assurance, first meeting... The CCJ ruling said: “[Paragraph 28] Unilateral appointment by the President in keeping with the proviso to Article 161(2) can hardly be an option if the Leader of the Opposition demonstrates a willingness to engage in good faith the process outlined above.” PART OF A PROCESS Additionally, prior to the meeting of the teams representing the Leader of the Opposition and the President, a statement from the Office of the Opposition Leader stressed that the meeting was part of a process, which commenced last Thursday (July 4, 2019) to appoint a Chairperson for GECOM, in accordance with the letter and spirit of Article 161 (2) of the Constitution and the approach recommended by the Caribbean Court of Justice (CCJ) in giving effect to the said Article. In this regard, the CCJ recommended that “…the most
sensible approach is that before a list is submitted, the Leader of the Opposition and the President must communicate with each other in good faith on, or perhaps meet to discuss, eligible candidates for the position of Chairman. The aim of these discussions must be to agree the names of six persons who fit the stated eligibility requirements and who are not unacceptable to the President…” [See paragraph 26] The statement said, “It is from this perspective and in good faith that the Leader of the Opposition initiated communication with the President. It is the hope of the Leader of the Opposition that the teams appointed will advance and accelerate the process commenced.” As this segment of the process kicks off, the Office of the Opposition Leader made clear that it hope that the following important sentiments expressed by the CCJ are not ignored:
• “In our view, employment of the double negative, “not unacceptable”, signals that an onus is placed on the President not to find a nominee unacceptable merely because the nominee is not a choice the President would have himself made. The President should only find a nominee unacceptable for some good reason on objective grounds. If a President were permitted, capriciously or whimsically, without proffering a good reason to reject eligible nominees, this would frustrate the proper working of the Constitution defeat the intention behind the amendment to Article 161 (2) and pave the way for unilateral presidential appointment.” [See paragraph 27] • “…In reviewing what transpired here between 22 November 2016 and 19 November 2017, it is evident to us that the President was not entitled to lay down, as a precondition to considering a nominee, eligi-
bility requirements that were additional to or at variance with those prescribed by the Constitution. So, for example, it was unfortunate that the President considered or was advised that an acceptable candidate should either have or be deemed to have wide electoral knowledge and experience…” [See paragraph 29] The statement further added that, “The Leader of the Opposition wishes to further assure that the process, which has been initiated will in no manner cede or affect the role and functional responsibility, which Article 161 (2) devolves upon his Office. Since it is clear that the CCJ did not and indeed, could not have amended the Article. The Leader of the Opposition shares the hope and expectation of the President that the current process will culminate swiftly in the appointment of a Chairperson of GECOM. “However, we have ob-
served that the Government’s recent submissions to the CCJ paint a completely different picture. We note that the Government argues that the CCJ has no jurisdiction to fix a date for election and that Parliament must meet to extend the life of the Government. “The Leader of the Opposition, however, wishes to emphasize that the process currently embarked upon will in no way detract or derogate from the date for elections, which we are contending, must be held within three months from the date that the CCJ ruled that the No-Confidence Motion was validly passed, that is, the 18th June 2019, so as to give effect to Article 106 (6) and (7) of the Constitution; that the CCJ has a duty to give effect to the language and intent of the framers of the Constitution and the People’s Progressive Party (PPP) will not be returning to the Parliament to facilitate any extension to the life
The statement said, “However, in keeping with the CCJ ruling, President Granger must proffer objective reasons for his rejection….the reasons for the rejection of the names may be made public at the appropriate time, if we feel that the reasons are not objective and in keeping with Paragraph 52 of the CCJ ruling.” On the issue of reasons, the June 18, 2019 judgment of the Caribbean Court of Justice said: “[Paragraph 51] The giving of reasons by the President will ensure transparency and accountability to the people, avoid unilateralism and arbitrariness, and engender public trust and confidence in the Elections Commission. “[Paragraph 52] In the absence of the reasons of the President, the question why a list was rejected by the President would remain a mystery not only to the Leader of the Opposition who submitted the list, but generally to the people of Guyana.” There was no meeting on Wednesday (July 10, 2019) since the Granger’s representatives indicated that they were unavailable to meet.
(From page 9) of the Government.” Article 161(2) of the Guyana Constitution defines the process and provides the mandate to the Leader of the Opposition and the role of the President with regard to the selection of the Chairman of the Guyana Elections Commission. It states that: “The Chairman of the Elections Commission shall be a person who holds or who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge, or any other fit and proper person, to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the Leader of the Opposition after meaningful consultations with the non-governmental political parties in the National Assembly.”
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WEEKEND MIRROR 13-14 JULY, 2019
Process to appoint a new GECOM Chair Third meeting…
Harmon unable to confirm that Granger’s eight names are all acceptable to him ‒ Teixeira says Granger’s representatives deliberately undermining CCJ guidelines
D
ay three of meetings on informal negotiations between the representatives of Opposition Leader, Bharrat Jagdeo, and President David Granger, was a ‘hot’ meeting that ended with Granger’s side conceding to the proposal from Jagdeo’s side that it is now time for Jagdeo and Granger to meet. This is according to People’s Progressive Party (PPP) Executive, Gail Teixeira, who is part of the team representing Jagdeo. This meeting, between Jagdeo and Granger, is expected to deal with the eight names suggested by the President and five of the 11 names submitted by Jagdeo that are now “shortlisted”. As of the last meeting, out of the 11 names submitted by Jagdeo, the President’s reps advised that two were under “active consideration”, four were “shortlisted” and five were rejected. At Thursday’s (July 11, 2019) meeting one of the two persons who was under “active consideration” was rejected by the President’s reps and they advised that the other was shortlisted. This resulted in five names now being shortlisted by the President’s reps. According to Teixeira, the July 10, 2019 letter calling for clarity on terms used by the President’s team – which on Monday said two were under “active consideration”, four were “shortlisted” and five were rejected – was not adequately addressed. Teixeira said, “We went into the meeting seeking the clarifications we had asked for via the letter on July 10, 2019. We went in with a view to seek clarifications on a numbers of issues – most important was the clarification on the terms ‘shortlisted’ and ‘tending to-
wards acceptability’. Mister Harmon defined shortlisted as being put forward for further consideration. This in our view did not clarify the issue on whether the names were ‘not unacceptable’ to the President, nor could the President’s reps advise on what process would be used to reach ‘non-unacceptability’. Therefore, after three meetings, not one name of the 11 were found to be not-unacceptable.” “...their response was that the names that were shortlisted meant that they were in the process or movement towards acceptability, or they could be. We asked what that means, how one moves from shortlisted to acceptability, but we got no clarification.” GRANGER’S EIGHT Further, on the eight names suggested by President Granger, Director General of the Ministry of the Presidency, Joseph Harmon, was unable to confirm that all eight were acceptable to Granger. Teixeira said, ‘They insisted that we examine the eight names. We reiterated, as we did on Monday and Tuesday, that there was no need to examine the President’s names as the assumption was that these names suggested by the President were not unacceptable to him. It was at this point that we were informed that the eight names were open to scrutiny….we reaffirmed the position of the Leader of the Opposition that since the names were submitted by the President, informally, that these names were not unacceptable to the President and therefore required no scrutiny from the teams….what we were seeking were names that were not unacceptable to the President. “…the assumption that we
had, which was that the eight names suggested by the President, appeared to be incorrect and, in fact, what became clear in the meeting was that Granger’s representatives were using a ploy to delay the appointment of the GECOM Chair. “Despite the CCJ guidance that through communication and perhaps meetings that six names not unacceptable to the President be the objective, in fact, Granger’s representatives were deliberately undermining that by refusing to find any name that was ‘not unacceptable’ to the President. “Worse yet, Granger’s reps were clearly preparing the stage, by not accepting any name submitted by Mr. Jagdeo as ‘not unacceptable’ to the President, to conclude by having six of Granger’s eight names be the final list that the Leader of the Opposition would submit. This plot was transparent and an indication of bad faith on the part of the Government, that despite the CCJ ruling, the Government intends to have its way. During the meeting, (Khemraj) Ramjattan even threatened, repeatedly, the use of the proviso by the President to appoint his own person, despite the CCJ ruling that the proviso could not be used once the process of engagement had commenced.” PROCESS EXHAUSTED Additionally, the Leader of the Opposition’s representatives, after three meetings in four days, voice the view that the process of engagement between the teams was exhausted, according to Teixeira. “At the meeting, there were zero names that were unacceptable. We felt there was no other move that could be made to move forward,” she said. Teixeira added, “We said
that based on the discussion we felt that this was the right time, taking the five names shortlisted by the President’s representatives and the eight names suggested by the President, that it was the right time for the Leader of the Opposition and President Granger to meet and look at the names, and any other names they may wish to add. “President Granger’s rep-
resentatives were not pleased with this proposal and therev was some argumentation on this. However, we insisted that there could be no further discussion that could take place at this juncture. We made it clear that it was time five names shortlisted, after three meetings, and the eight names suggested by the President, to be discussed by the Leader of the Opposition and President
Granger.” The team representing Jagdeo also included People’s Progressive Party/ Civic (PPP/C) Parliamentarians Anil Nandlall and Juan Edghill. The team representing Granger included: Director General of the Ministry of the Presidency and General Secretary for APNU, Joseph Harmon; People’s National Congress Reform (PNCR) Chairperson, Volda Lawrence; and Alliance For Change (AFC) Leader, Khemraj Ramjattan.
Opposition Leader’s reps seek clarity on Coalition government’s contradictory statements A fter the second day of meetings, on Tuesday (July 9, 2019), between the Leader of the Opposition’s Representatives and the President’s Representatives, Director General of the Ministry of the Presidency was written to about several clarifications being needed. The corresponded singed by People’s Progressive Party (PPP) Executive, Gail Teixeira, was dispatched to Harmon on Wednesday (July 10, 2019). SEE THE FULL LETTER BELOW:
Director General, Lt. Col. (ret’d) Joseph Harmon MSM, Ministry of the Presidency, Vlissengen Road, Bourda, Georgetown. July 10, 2019 Dear Mr. Harmon, Following the second meeting yesterday, July 9th 2019, between the Leader of the Opposition’s Representatives and the President’s Representatives, there are a number of issues that are unclear and of which we now seek clarifications. 1. At the meeting, we were informed that four (4) of the names on the list of 11 nominees, “appropriately adjusted from the original 18 names of 2017”, submitted by the Leader of the Opposition to the President on July 5th, 2019, for consideration for the appointment of Chairman of the Guyana Elections Commission (GECOM), were given the following labels: “no objection”, “tending towards acceptability” and “short listed”. You would recall that our specific enquiry of whether these four names are “not unacceptable” to the President was answered in the negative. In the circumstances, we now enquire of the meaning and purport of the terms “no objection”, “tending towards acceptability” and “short listed”. We further and specifically enquire, hereof, whether these names are “not unacceptable” to the President. 2. We were also informed that another two (2) of the names submitted were singled out as being “pending/under active consideration”. In the circumstances, we now enquire of the meaning and purport of these terminologies; before whom are these names pending, under whose consideration are they active, the President or his Representatives and are these names “not unacceptable” to the President? 3. Five of the names submitted were rejected with reasons proffered. Is the decision to reject these names and the reasons proffered therefor, the President’s, or those of his Representatives? 4. For the avoidance of doubt, we reiterate our commitment and availability to meet at any time, in order to advance and expeditiously conclude this process. We express our disappointment that the President’s Representatives were unable to meet today, Wednesday the 10th July 2019, to continue the engagement. (Turn to page 23)
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WEEKEND MIRROR 13-14 JULY, 2019
OP-ED
CONSTITUTIONAL HERESY: The Judiciary is being painted green By Anil Nandlall, PPP/C MP
T
he intervention by President David Granger, purportedly acting under Article 188 (1)(b) of the Constitution of Guyana, granting to the Minister of Finance, “Respite until all appeals and remedies available to the Minister of Finance and the State have been exhausted”, while the Minister is still before the Judiciary in pending legal proceedings, strikes at the heart of constitutional governance, the doctrine of separation of powers and the rule of law. In short, the President is shaking at the very foundation upon which the edifice of civil society in Guyana rests. Article 188 (1) (b) of the Constitution provides that: 188. (1) The President may- (b) grant to any person a respite, either indefinite, or for a specific period, of the execution of any punishment imposed on that person for such an offence. It therefore cannot be doubted that the President has a power to grant a respite to any person, in respect of the execution of any penalty imposed on that person, for the commission of an offence. Neither is it disputed that contempt of court, for which the Minister is found guilty, is an “offence” contemplated by the constitutional provision. The quintessential question is: when and in what circumstances can the President invoke this Article of the Constitution and lawfully exercise the powers conferred therein? Answering this question, necessarily involves an examination of the history, nature and purport of the power that the President enjoys under Article 188. The Constitution itself offers initiating assistance. The marginal note to Article 188 reads, “Prerogative of Mercy”. This indicates that the power conferred upon the
President therein is a relic of the Royal Prerogative, now codified in the Constitution. Like powers, similarly codified, finds expression in constitutional provisions throughout the Commonwealth, as well as in the United States of America. Therefore, Guyana’s Constitution is not unique, in this regard. Like all prerogative powers, this power, once properly exercised, is immunized from Judicial Review and cannot be questioned in a court of law. A rationale for the retention of this anachronistic power in contemporary Constitutions was elegantly enunciated by Pathak C.J., in dealing with a similar power conferred upon the President, under Article 72 of the Constitution of the Union of India: “To any civilized society, there can be no attributes more important than the life and personal liberty of its members that is evident from the paramount position given by the courts to Article 21 of the Constitution… the fallibility of human judgement being undeniable even in the most trained mind, a mind resourced by a harvest of experience, it has been considered appropriate that in the matter of life and personal liberty, the protection should be extended by entrusting power further to some high authority to scrutinize the validity of the threatened denial of life or the threatened
denial of personal liberty. The power so entrusted is a power belonging to the people and reposed in the highest dignitary of the state…” (Kehar Singh v Union of India (1998) 1 SCC 204). Undoubtedly, a power premised upon such high ideals must be exercised with great circumspection and care, as another jurist admonishes: “…But the fact remains that higher the power, the more cautious would be its exercise… It cannot be doubted as a proposition of law that where a power is vested in a very high authority, it must be presumed that the said authority would act properly carefully after an objective consideration of all the aspects of the matter” (Fazal Ali, J. in Maru Ram v Union of India (1981) 1 SCC 107). The prescription that such a power must be exercised with profound judiciousness, stems from the fact that the very Constitution that confers it, concomitantly, ascribes all forms of litigation to the exclusive functional domain of the Judiciary for their conclusive determination and, impenetrably insulates that very Judiciary from all forms of Executive interference. It is this separation of powers that Maddison C.J., of the United States, held as “so essential to the preservation of liberty”. It is inconceivable that the framers of the Constitution will so formi-
dably endow the Judiciary and at the same time, reside the Executive with a power to so easily undermine it. Such a state of affairs would render the concept of judicial independence an oxymoron. It is against this constitutional mosaic that the President’s actions must be examined. It is imperative to reiterate that a monetary judgement was obtained against the State in October 2015 (while the Coalition Government was in Office). Attempts to challenge this judgement were exhausted by proceedings culminating at the nation’s apex court, the Caribbean Court of Justice. Legal proceedings then commenced in the High Court to enforce this judgement. An order was obtained under the State’s Liabilities and Proceedings Act, compelling the Minister of Finance to pay the judgement. This order was served on the Minister with no avail. Contempt of court proceedings were then launched, seeking to commit the Minister to prison, unless he pays the judgement, within a specified time. Again, the Minister refused to pay. Before the expiration of the time, delimited by this order, the Minister appeals this order to the Full Court and seeks a stay of its execution. The application for the stay of execution was dismissed by the Full Court. An application was then filed to the Court of Appeal seeking leave to appeal the Full Court’s decision. While this application is pending in the Court of Appeal and before the time granted to the Minister to pay the monies expired and imprisonment kicks in, the Attorney General, who has been representing (or misrepresenting) the Minister of Finance in all these proceedings, then runs to the President and advises him to exercise the powers conferred by Article 188 (1) (b) of the Constitution. I respectfully submit,
that the intervention of the President in this factual matrix can never amount to a proper and lawful exercise of the powers conferred by Article 188 (1)(b) of the Constitution. All the authorities uniformly say, that the exercise of this power is based upon mercy, hence the marginal note to Article 188 reads “Prerogative of Mercy”. In exparte Grossman (1924) 267 US 87, the District Court of Illinois stated that the object of the pardoning power is to correct “possible judicial errors”, to relieve a convict from a sentence which is “mistaken, harsh or disproportionate” to the crime. It is not to protect a political compatriot, or defeat a just and lawful judgement obtained by the citizenry against the State. Indeed, none of the objective factors which would justify the exercise of this power is present in this case. Most significantly, by its very nature, a prerogative power can never be lawfully exercised, while the matter is actively before the Judiciary. To do so, will constitute a most colossal trespass by the Executive upon the province of the Judiciary and amount to a crude violation of the doctrine of separation of powers. A prerogative power is only exercisable after the judicial process is completely exhausted. As the Privy Council so frequently reminds us in the death penalty cases, “mercy begins where legal rights end” [See De Freitas v Benny (1976) Appeal cases 239 at 247]. In the current circumstances, so oblivious is the President and his legal adviser to the constitutional transgressions committed, that the edict issued by the President states, ex facie, that the respite granted is “until all appeals and remedies available to the Minister of Finance and the State, have been exhausted.” So, the Executive invades the territorial enclave of the Judiciary in a pending legal
process and grants to one of its officers, a litigant in the on-going legal contest, the very remedies which the Judiciary has, thus far, denied this litigant. Under the doctrine of Separation of Powers, this is not only a trespass by the Executive upon the functional responsibilities of the Judiciary, but also a usurpation of it. That this is constitutional heresy of multitudinous dimensions, is an understatement. An essay of this type simply lacks the scope to fully expound the multiplicity of constitutional desecrations committed. Suffice it to say, that this will stand out as one of the most vulgar and egregious violations of the Constitution and the Separation of Powers committed in the Commonwealth in recent times. The uneducated verbiage from Prime Minister, Moses Nagamootoo, of and concerning the Judge, completes the unprecedented venomous attack upon the Judiciary by an unhinged Executive. Before I close, constitutionality aside, I invite you to consider the implications of the precedent set by the President, in relation to litigation involving the Government and those close to the President. What assurance do you have that the President will not parachute into the litigation, to assist his allies against whom you may have litigation when they appear to be on the losing end? Similarly, how can the President’s actions inspire confidence in those whom the State owes financial debts? What now, is the true collateral value, if any, of the “Government’s Guarantee” of the thirty billion dollars loaned by commercial banks to GUYSUCO? I can go on but let those few inquiries titillate your mind for the time. Unless restrained, the judicial edifices will soon be painted in green and the PNC flag will be restored to the compound of the Guyana Court of Appeal.
13
WEEKEND MIRROR 13-14 JULY, 2019
Elections are impending, derailing of democracy will not be allowed ‒ PPP/C presidential candidate T
he massive protest action outside the Ministry of the Presidency, Vlissengen Road, last Friday (July 5, 2019), saw several leaders of the People’s Progressive Party/ Civic (PPP/C) on the frontlines, including PPP/C presidential candidate, Irfaan Ali. And he stressed that Guyana’s final Court, the Caribbean Court of Justice (CCJ), has spoken and General and Reginal Elections are impending. He said, “The participation (in the protest action) shows that Guyanese are willing to come out in their numbers to fight for the Constitution and to fight for the rule of law. “The Court, the CCJ, has made it clear that the no-confidence motion was validly passed and the provisions of the Constitution must kick in. Those provisions of the Constitution require that Elec-
tions have to be held within three months of the successful passage of the no-confidence motion. Months, much more than three months, has elapsed. The PPP/C and our supporters, we have been patient. We have allowed the Court process to be concluded. “Now that the final Court has spoken, the Government must now respect the ruling of the Court. The Government must respect the Constitution. The Government must ensure that Elections are held and the Cabinet must resign.” Justice Adrian Saunders, President of the Caribbean Court of Justice, in his ruling [paragraph three] said that: “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’. Article 106(7) goes on to state that notwithstanding its defeat, the government shall remain in office and shall hold an election within three months.” Ali stressed that the actions of PPP/C will remain on the side of the law. “We, the PPP/C, will always be on the side that protects democracy; on the side that protects the rule of law; and on the side that upholds the Constitution of Guyana. We, the PPP/C and all those who participated in the protect action, took a stand for the rights of people, in support of democracy, in support of our Constitution and in upholding the rule of law,” he said. The PPP/C president candidate assured that, “I will walk every day with the leadership of the PPP and walk with our Guyanese people. Together we will and together we must walk to bring
prosperity to all Guyanese and to ensure that democracy is not derailed.” APPRECIATIVE Meanwhile, General Secretary of the PPP, Bharrat Jagdeo, said, “The PPP is appreciative of the efforts that all our supporters are making on behalf of the Guyanese people to ensure that we have constitutional rule in Guyana.” He explained that On March 21, 2019, the APNU+AFC Coalition Government became illegal. Jagdeo said, “On March 22, 2019 the Appeal Court ruled that the no-confidence motion was not valid, but we said let’s be patient because we believe in the rule of law, we respect the decision of the Court… we laid down the protest and continued to work across the country, house to house, to bring our message – a message of inclusivity and
progress – to our people. “In the meantime, we took the matter to the CCJ and it made a fateful ruling – that ruling was that the no-confidence motion is valid. So Granger’s government has no other recourse, there is no higher court, they can’t block this issue any longer. The Granger-led government is now illegal and has been illegal since March 21, and the only way they can change this status is through Elections. They cannot become legal again through any other means…Elections are impending. “…the fact now is that regardless of the Constitution and the clear prescriptions in the Constitution that Elections should have been held by March; regardless of the fact that the Constitution says Elections should have been held within three months of the passage of the no-confidence motion, the Grang-
er-led government behaves as if everything is normal…. the CCJ has not changed the Constitution of Guyana, the Constitution says Elections in three months. “…what are they doing now? Granger says he is waiting on guidance from GECOM. Well GECOM is not above the Constitution. It has not comply with the Constitution. This move to house-to-house registration is nothing but a delay tactic.” The PPP General Secretary stressed that last Friday’s protest was on the side of law. “This protest is on the side of the Constitution. This protest is on the side of the CCJ decision….this is a strong signal to all who believe that we must stand up for Constitutional rule….we have to keep pressuring this government to respect law and order…we are standing up for Guyana and all Guyanese,” Jagdeo declared.
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Massive protest action….
APNU+AFC Coalition gov’t under pressure to call Elections, comply with the Constitution O
ver a thousand Guyanese participated in peaceful protest action on Friday (July 5, 2019) outside the Ministry of the Presidency, Vlissingen Road, Georgetown, calling on the David Granger-led APNU+AFC Coalition Government to uphold the Constitution of Guyana. Braving inclement weather, the protestors remained on the
picket line with placards that read: ‘Call Elections Now’, ‘It is time for Elections’, ‘The no-confidence motion is real, we have to have elections’, ‘Respect the Constitution President Granger’, and ‘Democracy under threat’, among others. In line with Article 106 (7), General and Regional Elections should have been held within three months, by March
21, 2019. However, legal challenges advanced by the APNU+AFC Coalition Government saw this deadline being passed. The Caribbean Court of Justice, Guyana’s final court, in a well-reasoned 39-page ruling, on June 18, 2019, declared the no-confidence motion was validly passed by a majority vote (33 of 65) in the National Assembly.
WEEKEND MIRROR 13-14 JULY, 2019
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City Hall in Focus
City Council must cut waste By Bishram Kuppen
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ou have heard the cry from current and former Mayors and Town Clerks of the Georgetown City Council that they do not have enough financial resources to carry out their mandate and so that is why the drains are not cleaned, roads are not repaired, Council buildings are falling apart, mini jungles creeping up across the City and inadequate security for residents, shoppers and vendors. When I was elected as a Councillor under the banner of the People’s Progressive Party/Civic, I had great hopes and expectations from the newly elected Council to bring order and sanity to the operations of the Georgetown City Council for the benefit of our residents, businesses, vendors and other stakeholders. Also, being a resident and business owner also meant that I had a vested interest in seeing an end to the corruption and mismanagement of the City. But as time went by, it quickly dawned on me that nothing of significance would change at the City Council because any change for the good would not be in sync with the corrupt ways which have existed there for many decades where the entrenched group would resist attempts to disrupt their stranglehold on the finances and resources of the City Council. We must not turn a blind eye to the fact that the Georgetown City Council has been controlled and (mis)managed by one political grouping (GGG/PNCR/APNU+AFC) for over fifty years since our country's independence and they have nothing positive to show for it. There are no stellar transformational accomplishments or enhanced level of services provided to citizens for which they can be commended. Instead, what we have witnessed over the years is the perpetual state of gross mismanagement of the Council, financial lawlessness, absence of accountability and transparency, lack of services, scandals, crises and an empty treasury. In addition, we have also witnessed that they also have incompetent and unqualified individuals in many top positions who have been there for years and simply cannot get the job done. They have become master of excuses and have certainly finessed their methods of giving residents, vendors and businesses the run-around instead of providing efficient and effective services. The most alarming problem which the Council has is financial lawlessness. They have failed consistently to account for all of the money which they have collected. Successive audits by the Auditor General of Guyana have revealed numerous problems with accounting for money. In addition, hundreds of millions were doled out in contracts which were not approved by the full Council. It was revealed by the Ministry of Communities that there are numerous contracts which were signed with contractors,
many of whom are now demanding payment. None of these contracts came to the full Council for approval so the legality of those contracts remain in question. It was recently revealed by the City Treasurer (ag.) that there are many verbal contracts for significant amounts where no actual contract exists but for which the contractors are demanding payment. No one knows if the works were actually done or if these are just scams engineered with the cooperation of officers of the Council. Many of these issues were revealed at the Commission of Inquiry in 2018 which was initiated to investigate the operations of the City Council. On top of the questionable financial dealings of the Council, they have a massive complement of workers who collectively consume 60 to 80 precedent of all monthly expenditures which leaves little or no money left to take care of the core responsibilities of the City Council. And in the midst of all of this, there is a man who has miraculously stayed under the radar for all these years but who is the person that approves all payments and expenditure and who has to see all contracts before payment is made. He is responsible for the budget preparation and monitoring of all financial activities of the Council. He is the Chairman of the Finance Committee of the Council and also the Chairman of the Human Resource Committee responsible for hiring employees. He is none other than Councillor Oscar Clarke who has been a Councillor at the Georgetown City Council for approximately 20 years. The fact that payments were approved by him for these contracts means that he should have been fully aware of the nature of these arrangements. It is certainly a mystery why he continues to be retained in those critical positions given the massive failings of the Council in the financial accountability and management areas. Prudent management of the Council’s financial and other resources would greatly improve the performance of the Georgetown City Council but it is highly doubtful that it could be accomplished with the current officers and systems which serve to promote and continue the dysfunctional operations of the Council. SPENDING But let us turn to one instance of massive waste of the Council’s money and look at the contract which was signed some time ago with Dartmouth Skips to clean Bourda Market. This company is owned by Cevon’s Waste Management which is one of the main garbage companies contracted by the City Council to remove garbage from across the City. The Georgetown City Council has been paying Dartmouth Skips $2 million weekly to clean Bourda Market even though they are cash-strapped and that work could have easily been performed by Council’s sanitation workers. That is a whopping $104 million per year just to clean Bourda Market. There are many Council buildings, vehicles and other equipment which could have been repaired with that amount of money but they have been wasting it. The Council have over 100 sanitation workers who are inefficiently spread across a few departments on mysterious assignments (Councillors truly do not know what all these workers do) while we have many drains and alleyways which are clogged and also garbage in many areas. The Markets, Engineer and Solid Waste Departments have large numbers of sanitation workers who are inefficiently used and placed. With all of those sanitation workers, why would they want to outsource the cleaning of Bourda Market to a contractor for such a massive amount especially when the Georgetown City Council was cash-strapped and essentially broke? If you were to visit Bourda Market, you will observe that the work could easily be done by Council workers but it is not being done. Under the former Town Clerk Royston King, there was a push to outsource many areas of the Council’s responsibility even though most departments could manage their responsibilities with the current staffing strength with some adjust-
ments. Some of the services outsourced included cleaning of the La Repentir cemetery, cleaning Bourda Market, removing garbage from across the City and much more. They heads of departments would usually complain that they did not have the resources to do the job but the same money which they were paying to contractors could have been used to acquire the resources needed to get the job done. Did you know that the City Council had a number of garbage trucks in 2015 but none of the trucks are now working? In fact, a large number of the Council’s vehicles and equipment are not working and are in the workshop. The PPP/C government had also donated 40 skip bins and 11 dumpsters in 2015 but only 23 skip bins are accounted for right now. The whole situation point to gross incompetence by many department heads who sit idly by and allow their responsibilities to outsourced even though the City Council cannot afford to do so. Yet they keep all of the employees on the payroll even though many of those services were outsourced. The Council is now moving to end the wasteful contract with Dartmouth Skips. But the PPP/C Councillors will insist that every single contract which currently exists must be investigated and if they were not approved or are not found to be in the best interest of the Council, we will push for the termination of such contracts. BILLIONS OWED The City Council is owed billions of dollars in rates and taxes from property owners but have failed to make concerted or legal efforts to collect those debts. Collection of even 20 percent of that amount would greatly assist the Council in providing services to citizens. The base amount owing to the Council without the accrued interest amounts to approximately $8 billion which would be enough to provide most or all of the services which the Council is mandated to perform. There would be no need to increase fees and taxes if they were able to collect the outstanding rates and taxes and keep that revenue stream from all sources current. But there are reports that discounts are offered under irregular circumstances to special people. It is difficult to verify the discounts or the people who benefited from these actions since they City Council has never presented any detailed financial report on any tax amnesty or discounts which they have offered. FORENSIC AUDIT The Auditor General of Guyana is currently conducting a forensic audit of the City Council in specific areas. This audit came about as a result of the recommendations made by the Commission of Inquiry in 2108 which was launched to investigate the operations of the Georgetown City Council. We would have preferred a comprehensive forensic audit to examine every single area of operation of the Council since these piecemeal type investigations will not solve the myriad of problems plaguing the City Council. Citizens should be reminded that the Auditor General is required to audit the books of the City Council every year but they have not been able to successfully complete any audits because of the failure of the Council to keep accurate and complete records of all transactions. Citizens are all aware of the persistent and decades-long accusations of corruption and mismanagement leveled against the Georgetown City Council and the consequential Commissions of Inquiry which were launched to investigate the operations of the Council but nothing has really changed at City Hall. Our country will have general elections soon as mandated by the constitution and courts and the return of the PPPC to government will be the catalyst that is needed for overhauling the Georgetown City Council.
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Holding the APNU+AFC Coalition to account – a review of local happenings
An audit must be done into the Region 5 REO’s corrupt 'model farm' By Dr Leslie Ramsammy
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he REO of Region 5, a known PNC hack, who spends most of his time doing political work on behalf of the PNC, stands accused of utilizing $200M of tax dollars since 2016 to operate an illegal "model farm", a project rejected by the RDC and by the Ministry of Finance. His arrogant defense includes, first, it is only $35M and not $200M, and, second, the farmers were moved to another area. The RDC insists it is $200M from the RDC and MMA budgets since 2016. The farmers reject the REO's claim he provided them with alternative areas. He claimed the farmers were allowed to harvest their crops before they were moved, but many farmers claimed they were bulldozed out, with their crops un-harvested. Clearly, the Auditor General must audit this project. Even more clearly, David Granger must do what he is best at, appoint a COI. The REO must be sent on leave until the audit and the COI are completed. While hopefully the Auditor General will audit this project, David Granger will continue to totally ignore this blatant abuse of power by this politically-affiliated REO. Corruption has become so rampant, so much part of APNU+AFC's blueprint for governance and value system that many Guyanese have become numb to the everyday exposure of glaring abuse of national resources and assets. While central government's corruption stories dominate national discourse and naturally garner huge national and international attention, little space is left for attention at local levels where corruption is as prevalent, if not more so, than at national levels. Because of the rampant central government corruption, the hundreds of corrupt transactions at local levels escape attention. Since 2015, the imposition
of political hacks as REOs in the Regions, with clear central government directives to override and suffocate the RDCs, the REOs have become CEOs of Corruption Enterprises in the ten administrative regions of Guyana. A prime example of how the Corruption Enterprise operates in Guyana is the Region 5 REO's "Model Farm". The REO used taxpayers money for a "Model Farm". He illegally removed productive small farmers from lands located at Fort Wellington/Naarstigheid/ Bath in West Berbice. These farmers who have been using the land since, at least, 1989, were given permission and Permits of Occupancy by the PPP Government since, at least, 2000. There were more than 50 small farmers who productively occupied the land, not only making a living, but producing cash crops marketed to families in the area and markets like the Rosignol, Bourda and Parika markets. Some of the products ended up in hotels and restaurants in Georgetown. The displaced farmers appealed to the Minister of Agriculture and the Government, but no one even acknowledged their letters of complaints. The farmers traveled several times to the Ministry of Agriculture and never had a chance to meet the Minister. They sent letters directly to the President, but no one seemed to care. Represented by Anil Nadalall, the farmers have taken their case to the courts. The REO's arrogance
and abuse of Region 5's and the MMA's budgets for his "Model Farm" has been on-going since 2016. In 2017/2018, the farmers were forcefully thrown out of their farms, several were arrested for trespassing. We know from audits and government's accounting that the REO spent more than $200M of the RDC and MMA budgets on this "model farm" between 2016 and end of 2018. What has been the outcome? We know the "model farm" is presently non-productive, overgrown with weeds and bushes. We know that since 2017, the farm has produced virtually nothing, maybe a few baskets of cash crops here and there. The REO cannot say how much has been produced, was it $1,000 or %10,000 or $100,000 worth? He claims now in his defense that the farm has been very productive and its products have been marketed in Linden. Why then is he refusing to publish and ask the Auditor General to verify the cash sales? Bravado and arrogance cannot and must not replace accountability and transparency. The story gets worse because from the beginning the elected government of the Region objected to the farmers being ejected and objected to the project, deeming it an excuse for APNU+AFC activists obtaining corrupt deals with taxpayers money. The REO clumsily claims the RDC approved the project in statutory meetings in 2017 and 2018, but that the Chairman was absent on both occasions. He cannot provide minutes for those meetings, minutes he is in charge of. Even the Ministry of Finance in 2016 objected to the project as presented by the REO and refused to appropriate any money in the Region 5 2017 budget, as requested by the REO. This in no way deterred the REO. He proceeded to use the RDC budget to fund the "model farm". For example, as documented in
the Auditor General's 2016 Report, he paid out $7M to clear land at Catherina's Lust, a part of the "model farm" land, but there is no evidence any such clearing under that contract occurred. In the meanwhile, farmers are being intimidated and harassed on a daily basis by the REO. Private charges have been institut-
ed against him. One farmer is convinced his house was burnt down because he dared to speak out. The farmers have appealed in vain to the President, the Minister of Agriculture, the Minister of Communities. I have highlighted this particular abuse , arrogance and corruption because while national attention is focused
on the rampant, mind-numbing national corruption on a daily basis, ordinary Guyanese citizens are struggling to survive the arrogance, abuse and corruption of politically-appointed local officers. Their lives have become daily miseries against the whims and fancies of political hatchet men, like the Region 5 REO.
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WEEKEND MIRROR 13-14 JULY, 2019
PPC silent on call for Millions in contracts handed out investigations into new findings by ‘illegal’ Cabinet pointing to ‘gross breaches and irector-General of the D Ministry of the Presopen violations’ by Patterson idency, Joseph Harmon
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everal gross breaches and open violations were cited by People’s Progressive Party (PPP) Executive, Gail Teixeira, who, on June 12, 2019, called on the Public Procurement Commission (PPC) to investigate new findings relative to the use of taxpayers’ monies on a consultancy services for the feasibility study and design for the new Demerara River bridge. A month later, the PPC is still silent on the matter. No response has been given to Teixeira’s letter. Notably, her June 12, 2019 letter addressed to the PPC Chairperson, Carol Corbin, said: “In addition to the $161,514,420 approved by Cabinet in November 2016, the Demerara Harbour Bridge Corporation (Asphalt Plant Account) actually paid $215,371,182 in 2017 for the cost for the new Demerara Harbour Bridge and $74, 068,000 in two payments of $14,728,000 in January 2018 and another of $59,340,000 in February 2018 for the New Bridge feasibility studies.” Teixeira noted that the new findings show that the Feasibility Study cost the taxpayers $293,439,182 or approx. US$1.4M – a whopping $131.92M more than what was revealed as the initial cost. This is the second time that Teixeira has called on the PPC to investigate the matter of the Procurement of
Consultancy Services for the Feasibility Study and Design of the New Demerara River Bridge. The first PPC investigation was completed last August. The PPC report made clear that there were clear breaches of Guyana’s financial laws in the procurement of Consultancy Services for the Feasibility Study and Design of the New Demerara River Bridge It noted that several companies bid for the project – to do the feasibility study and design for the new Demerara River bridge – and 12 companies were shortlisted. The report added that only two of the 12 companies made proposals. As such the bidding process was annulled. It added that on November 12, 2016, the National Procurement and Tender Administration Board (NPTAB) approved the move for the project to be re-tendered. The project was not re-tendered. Instead, a Dutch Company, LivenseCSO, was engaged by Patterson’s Ministry. The report, on page 7, noted that the bid from LivenseCSO was “unsolicited” and added that Patterson then took the company’s proposal to Cabinet for approval. Cabinet granted its approval for the company to be engaged. The report said, “The PPC noted that the Minster of Public Infra-
structure, by memorandum dated November 18 2016, made a request to the Cabinet for Government seeking consideration and approval to use funds from the Demerara Harbor Bridge Corporation to fund the feasibility study and to commence a contractual engagement with LievenseCSO as of the 1 Jan 2017. The PPC noted that this request to Cabinet was not forwarded through the NPTA but submitted directly by the Minister of Public Infrastructure.” The report, on page 7, stated that monies to be spent on the project were taken from the Demerara Harbour Bridge Corporation (Asphalt Plant Accounts). Notably, the General Manager of the Demerara Harbour Bridge Corporation, according to the PPC report, disclosed that the Board of the Corporation was not involved in the decision to spend its monies. The report said, “He (Mr. Adams) stated that he had not signed the contract on behalf of the DHBC, but only because he was requested to do so by the Minister of Public Infrastructure. The Special Organised Crimes Units (SOCU) was involved in the matter came after a call from the People’s Progressive Party/ Civic (PPP/C). The PPP/C, on August 16, 2018, forwarded to SOCU a report from the Public Procurement Commission.
insists that the Cabinet will continue to meet until the Caribbean Court of Justice (CCJ) offers clarity – despite the strong criticisms that the CCJ ruling on June A recent Cabinet meeting in session 18, 2019, made it clear that said. with the passage of the Meanwhile, with Cabinet meeting – deno-confidence motion being declared valid spite the CCJ ruling on June 18, 2019 - milthe Cabinet must resign. “The provisions of Article 106 (6) and lions of dollars’ worth in contracts are being (7) are clear on their face,” said the ruling handed out. [paragraph 56] of Justice Adrian Saunders, The contracts include: President of the Caribbean Court of Justice, • For design, supply and installation of a 150k Hydropower Plant at Chiung River, in the no-confidence motion challenge case. Justice Saunders’ ruling [paragraph three] Kato Village, Region No. 8 – Ministry of added that: “Article 106(6) of the Constitu- Public Infrastructure tion states that the CABINET, INCLUDING For the sum of Million Us$2,250,880.00 THE PRESIDENT, SHALL RESIGN if the Contract awarded to B & J Civil Works Government is defeated by the vote of a • For the supply and installation of 22 Kw majority of all the elected members of the Grid-Connected Solar Photovoltaic SysNational Assembly ‘on a vote of confidence’. tem, 45kw Hybrid Inverter and 160 Kwh Article 106(7) goes on to state that notwith- Energy Storage System – Guyana Energy standing its defeat, the government shall Agency remain in office and shall hold an election For the sum of Million G$6,730,974.00 Contract awarded to Gafsons Industries within three months.” Harmon’s current position is a reversal Ltd. from one he held on just over three months • Region 5 For the sum of Million G$17,127,750.00 ago. On February 15, 2019, Harmon told the Contract awarded to Glenda’s Catering Guyanese people that Cabinet has not been Service meeting since the January 31, 2019 decision • Region 5 of the High Court to declare that the passage For the sum of Million G$11,752,650.00 no-confidence motion is valid. “There is a Contract awarded to Tee Zee Food Service judgement of the Court that was made with • Region 6 respect to the Cabinet and that judgement is For the sum of Million G$12,656,700.00 appealed but we have not obtained a stay of Contract awarded to Green Apple the judgement as yet and, therefore, we have • For the sum of Million G$3,394,800.00 not held Cabinet meetings as such,” he had • Contract awarded to Sharron Davis
Mariners advised about drilling at Lisa field Eco-Atlantic commences drilling T offshore Guyana E co-Atlantic Oil and Gas Limited announced that drilling operations have commenced offshore Guyana on its first exploration well, the Jethro-Lobe on the Orinduik Block. The drilling would have commenced last Thursday (July 4, 2016), using the Stena Forth drillship and is expected to take around 40 days. Eco is fully funded for its share of up to six potential exploration or development wells on the Orinduik Block. In light of this achievement, Chief Executive Officer of the company, Gil Holzman said, “Today Eco Atlantic’s first Guyana well has been spud, three years ahead of our Petroleum Agreement commitment. This is the start of a hugely exciting time for the company. Jethro Lobe will test the Lower Tertiary-aged turbidities, as well [as] drilling down into the
Cretaceous. As such, we await the well results with great anticipation, as they will give us an even greater understanding of the geological plays.” He added that success on ExxonMobil’s end has assisted them in a geological assessment of similar channels on their Orinduik Block. He said, “The huge success which ExxonMobil has had on the neighbouring Stabroek Block has aided our geological assessment of the many similar channel systems in our Orinduik Block. With fifteen leads and prospects identified on the Orinduik Block, and funding to drill six potential exploration wells beyond the two currently planned, this is only the start of a fascinating and potentially transformational time for the company.” Eco Atlantic had announced that drilling on the Joe prospect will begin in mid-July
of this year. They had stated that the Stena Forth drillship will move directly to the Joe after it finishes drilling the Jethro Lobe Well in the Orinduik Block. It is understood that the Joe is located in approximately 650 metres of water and will cost Eco approximately US$3 million to drill. A recently published report from international company Gustavson Associates has estimated that the well has a 43.2 per cent chance of success. Eco’s partner, Tullow, had disclosed in February that it was bringing forward its drilling programme from the previously scheduled end of the year to the second quarter. It had announced that the Jethro prospect would be drilled in June. So far, plans have been announced to drill three wells here namely; the Jethro-Lobe, Joe and Carapa.
he Maritime Administration Department (MARAD), in a notice published in the media, has warned all mariners of drilling operations that commenced on July 04, 2019 at the Lisa field, within the Stabroek Block. Development of the Liza prospect will be done in phases. The operation, expected to last until August 21, 2019, will be conducted at four drill sites, of which the closest is approximately 97.8 nautical miles from the Guyana coast, and covers an area of one square kilometre and bound by 16 coordinates in the WGS84, Zone 21. The process, involves the Noble Tom Madden Drill Ship supporting Esso Exploration and Production Guyana Ltd (EEPGL), and incorporating the use of a number of vessels. namely Cat Island, C. Installer, Paradise Island, Sanibel Island, Horn Island, Oryx, Emily Day McCall, Jack Edwards, Robert Adams, Clarence Triche, Eland, John G. McCall and Michael
Crombie. All the vessels will display the international signal for crafts that are engaged in such drilling activities. MARAD is therefore urging mariners to stay clear of the vessels, and navigate with caution when in the vicinity. Communication can be made on VHF Channel16 via the Georgetown Lighthouse, the notice added. U.S. oil giant, ExxonMobil has made 13 oil discoveries to date offshore Guyana in the Stabroek Block. With well over 5.5 billion oil-equivalent barrels in the Stabroek Block, production is expected to commence in March, 2020. The developments in Guyana’s budding oil-and-gas sector augurs well for the country with a population of approximately 750,000 people, observers have said. Esso Exploration owns 45 per cent interest in the block, Hess Guyana Exploration – 30 per cent and CNOOC Nexen Petroleum Guyana owns the remaining
25 per cent. ExxonMobil has deployed four drillships for exploration purposes, where the 13 massive discoveries were made. The fleet comprises of the Stena Carron, which is working at the Longtail 1 discovery; the Noble Bob Douglas at the Liza Phase 1; the Noble Tom Madden at the Yellowtail Well and Noble Don Taylor. ExxonMobil had said there is potential for at least five floating production, storage and offloading (FPSO) vessels on the Stabroek Block producing more than 750,000 barrels of oil per day by 2025. Startup of the Liza Phase 1 development is on track to begin by the first quarter of 2020 and will produce up to 120,000 barrels of oil per day utilising the Liza Destiny FPSO, which is expected to arrive in the country in the third quarter. Liza Phase 2 is expected to startup by mid-2022.
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WEEKEND MIRROR 13-14 JULY, 2019
Granger sends a signal that contracts can be broken at will, Court Orders against the state can be ignored at will T
he Private Sector Commission (PSC) expressed “great concern” at the “deliberate and repeated refusal” on the part of the APNU+AFC Coalition Government, to honour the judgment of the Court with regard to a payment owed to Dipcon Engineering Services Ltd., since 2009. Justice Rishi Persaud handed down the judgement in the company’s favour on October 21, 2015, but Finance Minister, Winston Jordan failed to take steps to effect payment – a payment of US$2,228,400.67. In May 2019, Trinidad construction company, Dipcon, called on the courts to have Jordan face jail time over his failure to honour a 2015 judgment. ON Monday (July 8, 2019), President
David Granger blocked any action that would see Jordan being jailed. A statement from the PSC said, “The rule of law must prevail if business is to be conducted in our country with confidence in the government’s respect for the judiciary and a separation of powers between the Executive and courts. The private sector must, at all times, be confident that the principles of sanctity of contracts reinforced by the independence of the Courts will be honoured by the State. “The intervention of the President to protect the Minister of Finance from the law rather than to encourage him to pay the amount owed and thereby follow the rule of law, sends a message that busi-
nesses and private investors can be wronged with impunity. “The Commission must point out that in order for both foreign and domestic investors to do business in our country with any degree of confidence, there must be confident that the rule of law, administered by an independent judiciary, will, at all times, be upheld and respected by the government of the day.” WRONG SIGNAL BEING SENT Meanwhile, adding his voice to the issue, Opposition Leader, Bharrat Jagdeo, said, “We Guyanese, having observed President Granger in action over the past four years, have collectively come to the belief that on matters of
policy and when dealing with evidence of corruption by those within his government, he is often unable to move with any sort of alacrity, that he is slow and aloof. “Today (Monday, July 8, 2019) he has shattered this belief by moving with lightning speed to thwart a court order and pardon Winston Jordan. “Had he demonstrated similar speed and diligence with regards to the DDL tax settlement he could’ve averted what will amount to $80 Billion in liabilities that will have to be borne by taxpayers. “He could've also saved taxpayers over $300 Million dollars lost through the corrupt drug bond fiasco. “Another Billion could've been saved
through the D' Urban Park scandal and multiple Billions through numerous transgressions of the procurement procedures, illegal land transfers to cronies etc.” Jagdeo stressed that Granger’s move to avert settlement on the Dipcon matter should be contrasted against the multimillion-dollar settlements in matters which involved cronies of the APNU+AFC Coalition. He said, “What is even more disconcerting is the fact that Granger’s use of his executive powers to pardon Jordan and the use of GRA to demand millions of dollars in taxes from the aggrieved company on the same day, will send a very bad signal to investors who are already grappling
with the poor investment climate brought about by the incompetence of the APNU+AFC coalition government. “Today’s (Monday, July 8, 2019) action, therefore, sends a signal that contracts can be broken at will, orders of the court against the state, even in commercial disputes, can be ignored at will and that the executive powers of the President can be invoked to protect those in his inner circle who are the violators. All government guarantees for loans are now worthless. Government debt is now bad debt.” The Opposition Leader decried the fact that once again the protection of the APNU+AFC cabal ranks higher than the rule of law.
PPP/C Parliamentarian says Integrity Commission ‒ Questions whether Eric Phillips, Rawle Lucas declared should be more proactive interest in oil and gas sector
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he Integrity Commission has been called on to act following the disclosure that at least two public officials have interests in the oil and gas industries, as beneficial owners. Eric Phillips, Special Assistant of the State Asset Recovery Agency (SARA); and Rawle Lucas, the current Chairman for the Guyana Power and Light Inc., are directors of ABR (African Business Roundtable) Oil and Gas Supplies and Logistics Services Inc. People’s Progressive Party/ Civic (PPP/C) Parliamentarian, Juan Edghill, stressed that the Integrity Commission should investigate the declarations made by Phillips and Lucas. “The Integrity Commission should be more proactive in checking to see that these public officials are up to date with declarations,
and that these properties and assets, including the oil blocks and the establishing of a company, if their interests in these matters have been declared,” he said. The PPP/C Parliamentarian explained that under the regulations, public officials must disclosed their assets and interests in companies and the Integrity Commission Act requires every person in public light must declare their assets and liabilities. “Assets as defined in the act, means all property, including any rights, or interest in property, and money held by the person in Guyana or elsewhere. So as part of the declaration of assets, requires that you declare your interests or the rights that you have in any property in Guyana or elsewhere. This is meant to be done in a specified manner by the specified
time determined by the act. So, whether you are a private citizen, and then you came into public light, you have 30 days to make declarations,” Edghill said. He added that both men, as public officials, must comply with the law. The PPP/C Parliamentarian said, “Mr. Lucas has become someone in the public life because he is now the chairman of the GPL board. He has 30 days to file his declarations with the Integrity Commission…. Mr. Phillips is also in public life…their integrity is under question.” He added, “Second, the whole conflict of interest issue is now a concern, because how did they know that these opportunities existed? Were these things advertised?” Addressing the argument that the Integrity Commission was only recently sworn in,
Edghill said, “This government non-performance in getting the Integrity Commission functioning, was not just an administrative slip, it could now be a deliberate attempt by this government to amass wealth, property and resources using state office. These people think that because there was not an Integrity Commission they didn’t have to declare their assets. So we don’t know what they entered as a baseline, and that is the difficulty. If the baseline is not established, it will set the ground for corruption by all of these officials. This is a concern that we have been having for a long period.” The Secretariat of the Integrity Commission was dismantled under the current Coalition government after May 2015. None other than the Permanent Secretary of
the Ministry of the Presidency, Abena Moore, admitted this during a meeting of the Parliamentary Public Accounts Committee (PAC). According to her, there was only one staffer remaining at the Integrity Commission Secretariat after it was dismantled. Last year, President Granger finally swore in the Commissioners of the Integrity Commission. However, the new Chairman, a self-proclaimed ‘friend’ of the Government, has said that he will not ask for declarations to be made for 2015, 2016 and 2017 – rather he will only deal with 2018. This is despite the fact that the Chairman has to power to call for back-dated declarations to be made to the Integrity Commission. Further, dismissing the
race argument, Edghill said, “There is nothing wrong with the empowerment of Afro- Guyanese, and getting their business round table, but this is not an open company where shares should be traded publicly, and where any Afro-Guyanese can start buying into trade, but this is a select group. So, we are using this Afro-Guyanese argument, not for the benefit of Afro-Guyanese, but just a small few. This is where the trouble exists,” he said. Edghill reiterated the need for the Integrity Commission to act. Under the law, any public officer who fails to comply with the Commission is liable upon summary conviction, to a fine of $25,000 and imprisonment for a period of not less than six months or more than one year.
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WEEKEND MIRROR 13-14 JULY, 2019
Holistic plan on the cards for key social sectors – Ali T
he health and education sectors are two of the main social sectors that benefit direct funding from the Treasury. And the priorities to develop these sectors, according to the People’s Progressive Party/ Civic (PPP/C) presidential candidate, Irfaan Ali, must be clearly mapped out and aligned to a vision for the future. His comments came during Sundays’ (July 7, 2019) broadcast of ‘Discussions with the PPP/C Presidential Candidate’. “How do we improve the social sector? We have to make sure that people believe that the system is working for them and that the system will give them the best opportunities…now let us examine the system as it is now and you will see that the manifestation of how the system is not working for our Guyanese brothers and sisters,” Ali said. HEALTH SECTOR Honing in on the health sector, he said, “For example with the health care system we have constant and have consistently being hearing of drug shortages, medical supply shortages, long lines at the hospitals, a broken regional system. We have young doctors who were trained and invested in now leaving the public sector. “We have to examine why we are having these difficulties. There were tremendous changes and reforms in the health system that
brought us to a state that we were supposed to take off so what we have is a situation where the primary system, the primary healthcare system, is not working for the people. “…at the same time we have a huge gap between what our future health care should be giving our people as against what we have now…the future health system care has to deliver, not only quality health care, but higher levels of health care. “While we are thinking about in the future, the existing health care system is in shambles so we have to fix this. We have to ensure that we have health sector reforms that look at the issues of accountability transparency and that fix the regional health care system; we have to invest heavily in the infrastructure; we have to ensure that health care facilities are properly staffed and more….this is what my government will do. “…our aim is to ensure that the healthcare system has the human resource capacity that will ensure that
quality health care is delivered…the government has a responsibility to create that enabling environment in the healthcare system. “…my government, first of all, will focus on fixing this system, fixing the primary healthcare system so that our people can benefit from top primary health care. We have to ensure that we have preventative medicine, so we have to invest in educating our population in preventive methods of avoiding certain non-communicable diseases…we have to ensure that we match the human resource requirement of the healthcare system as well… we have to work on an aggressive plan that will take us to a higher level of health care. The specialty hospital, we have to bring that back on stream…we have to partner with the private sector, ways in which the government can provide subsidies and incentives so we can have more investment in private healthcare at a reduced cost so we can have more efficiency in the delivery of health care services from private institutions, but at a reduced cost. “…we're also looking at building a scenario where healthcare and health services, including health education would become an important part of our the economic make of our country…so it's two parallel approaches to the healthcare we can have health care as an export oriented service that is earning us resources and work to improve the health
care service all our people, whether or the Coast or Hinterland, can benefit from. “…we have to build system that will ensure a comfortability…we have to hold people accountable to the delivery of health care…we have to invest in training more medical personnel in these areas…we have to find talent within these regions and invest in them. “…if we develop the system that I am proposing - that is with the use of ICT - then we can have can see much more progress in the health sector, on multiple fronts.” EDUCATION SECTOR In the education sector there is much to be done, according to him. He said, “We have to ensure that a study is completed, and this will be done very quickly maybe in the four six months, to realign or align the output of the education sector on the whole to the economic requirement. You have to find the gaps and we have to design programmes that are going to enable us fill those gaps.” Ali added that improvements of the technical vocation education are also on the cards. He said, “I have already said we want 20,000 students being able to access online university education and this will come through the investment in ICT…we have to ensure that the government provides a platform that would give all Guyanese an opportunity, equal op-
portunity, to access this education…online education, distance education, gives us this opportunity to capture that wider segment of the population, getting persons trained, getting persons to reach their educational goals and fulfilling their academic goals. “…in the traditional education sector, first of all we have to relook at our curriculum, and I say this because if we are to be competitive – and we have to train our citizens to be competitive in the future. We have to look at where our country is heading, our strategic partners, where the opportunities will be for our citizens and we have to also look at the what is happening in our region and then we gear our education system to respond to all of this…we have to ensure that from very early level, from the primary level, our educational system is geared to producing students in this way…we have to look at changes that are necessary to make our people competitive. “…we also need to ensure that we have a system that allows us to track school dropouts, if persons drop out of school, the system must be able to help us to find those students, to give counseling where necessary and to redirect them into other areas they may be more comfortable with. “…we also have to look at the vulnerable groups. We have we have kids who don't go to school, and I have seen
this around the country, because they don't have access to uniform, they don't have access the transportation, transportation costs, the cost of education textbooks and other things…it's inhibitive sometimes on families…you have a situation where some children cannot afford it and they feel as if there are at a different level than children who can afford…the government must be able to put safety nets and put systems in place that would address these issues.” Ali also restated his assurance of the return of the $10,000 cash grant, which will be gradually increased. According to him, there will also be a focus on creating greater education opportunities in the area of oil and gas. “We have to provide incentive now if we want to be a big player in the industry…it's linked to economic benefits.” Efforts to advance entrepreneurial skills training are also part of the plan, the PPP/C presidential candidate said. “We have to create the opportunity for training and then help them to get access to financing, access to lowcost financing,” he said. Ali stressed the education sector cannot operate as a standalone, nor can the health sector; rather they must be linked into a wider plan that governs social welfare and the well-being of Guyanese people, particularly vulnerable groups. “You have to look at a holistic solution,” Ali declared.
CARICOM has role to play in Venezuela situation – outgoing CARICOM Chair
P
rime Minister of St. Kitts and Nevis and outgoing Chairman of the CARICOM Conference of Heads, Dr. Timothy Harris has said that the Region’s engagement in the attempts at resolving the situation in Venezuela has demonstrated that there is a role for CARICOM to play. Dr. Harris was speaking at the opening ceremony of the 40th Meeting of the Conference of Heads of Government of CARICOM, which
was held in Saint Lucia 3-5 July, 2019. He outlined that the CARICOM Heads, Foreign Ministers and officials, as well as the CARICOM Secretary-General, have represented the Community in engaging with the UN Secretary-General and other interested parties, such as the International Contact Group on the matter. “We have consistently argued that the cardinal
principles to undergird a resolution of the political crisis in Venezuela include non-interference in the internal affairs of Venezuela, inviolability of the Sovereign State, respect for democracy, rule of law and the constitution of Venezuela as well as peace and resolution of conflict,” Prime Minister Harris said. Prime Minister of St. Kitts and Nevis, Dr. the Hon. Timothy Harris delivering remarks as Outgoing Chairman at the 40th Conference of the CARICOM
Heads of Government He further said that for CARICOM, non-interference and non-intervention in the internal affairs of states, prohibition of the threat and use of force, respect for sovereignty, adherence to the rule of law, respect for the constitutional framework and democracy, and the right of people to self-determination are core principles, which should not be violated. “These are what we have to cling to in a world where international law and multilateralism are be-
ing undermined and small states are being increasingly marginalised. And despite whatever apparent differences appear in the ranks of CARICOM, I can assert that we all subscribe to these principles,” he declared. Speaking to the integration movement, Dr. Harris said it needed to be kept on track, noting that there had been progress that had been incremental while the challenges had exponentially increased. He said that if the Region was to “merely survive”, processes of common
action needed to be accelerated. He explained that the technological revolution, the volatility of the geo-political climate, the erosion of global principles among other challenges required a sense of urgency to determine the pace of progress in comparison to the necessities. In closing his remarks, Dr. Harris used the opportunity to commend the CARICOM Secretary-General and the staff of the CARICOM Secretariat for their industry, ingenuity, reliability and professionalism.
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WEEKEND MIRROR 13-14 JULY, 2019
From the desk of Opposition Leader, Bharrat Jagdeo...
Guyana Under Review Several issues were addressed a weekly news conference held by Opposition Leader, Bharrat Jagdeo, on Thursday (July 11, 2019), ranging from the untruths being used by the APNU+AFC Coalition as justification for new national house-to-house registration to the continued illegal meetings of Cabinet.
New Voters’ List will not have more credibility ‒ UN Needs Assessment Report
A
s the APNU+AFC Coalition Government persists with its push for new national house-to-house registration, Opposition Leader, Bharrat Jagdeo, reiterated the unnecessary nature of this. During his Thursday (July 11, 2019) news conference he referred to the Report of the United Nations (UN) Electoral Needs Assessment Mission (NAM) – May 7-11, 2018 – which made clear that a Voters’ List will not have more credibility. The report said: "It is the view of the NAM that there is no certainty that a new voters' list will have more credibility than the current list and that stakeholders will trust it more. Furthermore, any list created close to the elections will likely be criticized as political motivated.” Jagdeo said, “The report from the UN shows clearly that house-to-house registration is not necessary.”
Notably, the former Chairman of the Guyana Elections Commission (GECOM), James Patterson, who was unilaterally appointed to the post by President David Granger in 2017, refused to have the UN report addressed during GECOM’s statutory meeting. The report, which Jagdeo referred to, has still not been made public in its total form. Giving the findings of the UN Electoral Needs Assessment Mission, Jagdeo said, “We are not in bad company in our position on this issue.” From mid-May 2018 to the early part of July 2018, the Guyana Elections Commission (GECOM) conducted a Continuous Registration process. The names of eligible Guyanese voters are included in a database called the National Register of Registrants. A Continuous Registration process ensure that persons who reached the age
of 14 are added to this database and when they become 18-years-old their names are automatically added to the Voters’ List. A Continuous Registration process also ensures that all other eligible persons are registered so that they can be able to vote when the time come. It ensures too that other transactions can be
conducted as well. Since then, on April 30, 2019 the validity of the Voters’ List expired – meaning the validity of the Voters’ List at April 30, 2019 has to be refreshed. On February 5, 2018, GECOM’s Chief Elections Officer (CEO), Keith Lowenfield, declared that
a short period of Claims and Objections can refresh the validity of the Voters’ List. “We can move toward the conduct, as I said yesterday, of a claims and objections exercise of a duration to be specified by the Commission so that we can arrive at a list,” Lowenfield had said.
According to GECOM, a Claims and Objections exercise that will: 1. Allow any eligible Guyanese who has reached the age of 18-years-old to be registered if their name is not on the Voters’ List. 2. Allow any eligible Guyanese to get a transfer from one voting district to another, in the event that they changed their place of residence. 3. Allow any eligible Guyanese to do a name change. 4. Allow for the removal of a dead person from the Voters’ List. 5. Allow for objections to be made to the name of someone not eligible to be on the Voters List. Also, on February 5, 2018, GECOM’s Chief Elections Officer (CEO), Keith Lowenfield, declared that the last Valid List of Electors was “clean” – a sentiment echoed by all the political parties who contested the November 12, 2018 Local Government Elections.
APNU+AFC gov’t refuses to accept Coalition gov’t failed to have CoI reality of no-confidence motion into crime wave F S In over four years…
tressing, again, his non-objection into the crime wave of the 2000’s, Opposition Leader, Bharrat Jagdeo, underscored the fact that the APNU+AFC Coalition Government failed to do this in over four years of being in office. “We have no problem with any inquiry…this government has had four years plus to do this and they refused to,” he said. He maintained that the David Granger-led Government would not approve such an inquiry because of the damning findings that will very likely be exposed. For years not, Jagdeo has said that there remains a need for a comprehensive Commission of Inquiry (CoI) into the crime wave of the 2000’s. He had also repeated the willingness of the Parliamentary Opposition to work
with the APNU+AFC Coalition Government to craft the Terms of Reference (ToRs) for a comprehensive CoI and to select credible commissioners. He charged that in this way, no political party can claim that the other is trying to secure “political mileage” from the findings of the CoI. “Let’s find out the truth,” he said, referring to the devastating incidents at Agricola, Lusignan and Bartica. Jagdeo had decried Granger’s decision to “cherry pick” incidents for investigation, as was done with the Lindo Creek CoI. Jagdeo said the comprehensive Commission of Inquiry into the crime wave should start with the escape of prisoners in 2002 and also seeks to inquire about the political players in incidents subsequent to the
jailbreak, as well as seek to ascertain how army weapons ended up in the hands of criminals. “They can also look at the role of drug dealers and whether the drug dealers had links to the government,” he had said, referring to the criticism repeated by members of the PNC-led Coalition Government, regarding Roger Khan. Jagdeo added, “…it (a comprehensive CoI) is not going to happen because some of the players are now huge in the current Government.” The Opposition Leader added that if there was a “real” CoI – a comprehensive review of the crime wave – several persons in the Coalition government, including Government Ministers, would be “really” uncomfortable.
inance Minister, Winston Jordan, on Thursday (July 11, 2019), presided over the launch of ‘Budget 2020 Sensitization and Training Sessions’ at the Arthur Chung Convention Centre. And Opposition Leader, Bharrat Jagdeo, during his news conference on Thursday (July 11, 2019) charged that Jordan’s “unhinged-ness” is on full display. “They do not recognise or they are refusing to recognise the current situation,” he said, adding that the reality of the no-confidence motion cannot be ignored. Jagdeo stated that the APNU+AFC Coalition government, as a result of the passage of the no-confidence motion, in currently illegal and the only way to change
that status is to move to General and Regional Elections. Jordan in his speech at the Arthur Chung Convention Centre insisted that the APNU+AFC Coalition Government will continue with its “business as usual” approach. Despite the ruling from the Caribbean Court of Justice (CCJ) that the APNU+AFC Coalition Government has fallen with the valid passage of the no-confidence motion on December 21, 2018, the current Administration is showing no signs that it will comply – continuing with its business as normal disposition. A leaked document from the Ministry of Finance had advised all Heads of Budget Agencies and Departments,
including Constitutional Bodies, that preparations are underway to present Budget 2020 for approval – something that would require sittings of the National Assembly – sittings during a period that the APNU+AFC Coalition is illegally occupying office, since the Constitution states that after the passage of a no-confidence motion the Government remains in office in a caretaker role for the sole purpose of holding General and Regional Elections. The document sent to all Heads of Budget Agencies and Departments including Constitutional Bodies is dated June 21, 2019 – three days after a definitive and explicit ruling from the Caribbean Court of Justice.
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WEEKEND MIRROR 13-14 JULY, 2019
From the desk of Opposition Leader, Bharrat Jagdeo...
Guyana Under Review Several issues were addressed a weekly news conference held by Opposition Leader, Bharrat Jagdeo, on Thursday (July 11, 2019), ranging from the untruths being used by the APNU+AFC Coalition as justification for new national house-to-house registration to the continued illegal meetings of Cabinet.
Calls will be made for sanctions if three-month Election deadline is not respected T
he Parliamentary Opposition will be moving to call for international sanctions against the APNU+AFC Coalition, if the three-month deadline for General and Regional Elections – by September 18, 2019 – is ignored. Jagdeo made it clear that there will be no agreement by the People’s Progressive Party/ Civic (PPP/C) to an
extension of the Coalition Government’s time in office at this time, six months after the Government was defeated with the passage of a no-confidence motion on December 21, 2019. He reiterated that the call for General and Regional Elections within three months is non-negotiable. Jagdeo had said, “As (CCJ President) Justice Saunders said, are you asking me to rewrite the constitution? He posed to the oth-
Constitution is clear….
er side. And the constitution says once a no-confidence motion is validly passed, elections have to be held in three months. And so we are going to insist on that. Three months to hold elections. We’re already been living on borrowed time in the government, because of the delaying tactics…effectively, they have had a six months’ grace period so far. And we’re not going to tolerate any continued violation of the constitution. So we will
insist on elections in three months. And when I meet with President Granger that is a non-negotiable. What is non-negotiable too is us going back to parliament to extend the life of this government. That’s non-negotiable.” The Opposition Leader said the three-month timeframe aside, the Parliamentary Opposition will engage the APNU+AFC Coalition Government in good faith when the situation necessitates.
Cabinet must resign, Elections Opposition Leader’s reps seek must be held clarity on... T he consequential orders (court orders) from the Caribbean Court of Justice (CCJ) on Friday (July 12, 2019) are important for all of Guyana, declared Opposition Leader, Bharrat Jagdeo. Commenting on the matter on Thursday (July 11, 2019), he noted that what is clear is that the court orders cannot reverse what the Caribbean Court of Justice has already ruled on. “What we have asked for is consistent with the Constitution…we asked for the Orders to repeat what is in the Constitution. It is redundant but necessary,” he said. The CCJ ruled that the process through which Reverend Justice (Retired) James Patterson was appointed Chairman of the Guyana Elections Commission (GECOM) by His Excellency, Brigadier David Granger, President of Guyana was flawed and in breach of Guyana’s Constitution. The Constitution stated that the Chairman was to be appointed by the President from a list of six persons, not unacceptable to the President,
submitted by the Leader of the Opposition. The Caribbean Court of Justice also ruled on a trio of cases related to the motion of no confidence that was made in the National Assembly of Guyana on 21 December 2018. In the judgment, the CCJ declared that the motion of no confidence in the Government is valid. Guyana’s Constitution states that the Cabinet, including the President, is required to resign if the Government is defeated by the majority vote of all the elected members of the National Assembly via a no-confidence motion. Another provision of the Constitution required elections to be held within three months of the defeat of the Government on a motion of confidence, unless two-thirds of the National Assembly determined a longer period before the holding of elections. Despite the Speaker of the Assembly declaring that the motion had been validly passed, the Government neither resigned nor announced impending elections.
Jagdeo stressed that it is clear that the passage of the no-confidence motion meant that Article 106 (6) and 106 (7) kicked in. Justice Adrian Saunders, President of the Caribbean Court of Justice, in the no-confidence motion challenge case, said, “The provisions of Article 106 (6) and (7) are clear on their face…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’. Article 106(7) goes on to state that notwithstanding its defeat, the government shall remain in office and shall hold an election within three months.” The Opposition Leader underscored the fact that most all Guyanese are clear on what the Constitution said. “Regardless of what happens tomorrow, the Court did change the Constitution and the court cannot rule in defiance of the Constitution.”
(From page 11)
We must emphasize that if the views expressed at the meetings are those of the President’s Representatives and not of the President, and therefore, names “hammered out” at these engagements are still required to obtain the acceptability of the President, then these engagements would have been, largely, futile, if not, perfunctory. We agreed to this engagement to effectuate the “good faith” admonitions enunciated by the Caribbean Court of Justice (CCJ), which must preponderate engagements between the President and the Leader of the Opposition. We, therefore, expect that the President’s Representatives will be duly authorized to make commitments at these engagements in their capacity as conduits of the President. Unfortunately, these engagements, thus far, have failed these expectations, hence, our enquiries above. We are obliged to inform you that this communication and any response received hereto, will be disclosed to the Caribbean Court of Justice (CCJ) before the 12th July 2019, so we shall appreciate a response by tomorrow 11th July 2019, at 12 noon, and may determine whether this engagement will continue or whether, we will revert to the Leader of the Opposition and the President engaging, personally, as mandated by Article 161 (2) of the Constitution. Sincerely
Gail Teixeira.
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WEEKEND MIRROR 13-14 JULY, 2019
Positions from Freedom House this week (A look at the latest statements made by the People’s Progressive Party)
PNCR’s track record with Elections that are not fair, nor credible is known internationally T
he People’s National Congress Reform (PNCR) continues to peddle lies to the Guyanese people. The PNCR, via a missive issued on Friday (July 5, 2019), claimed that credible General and Regional Elections can only be assured if there is a new national house-to-house registration. The People’s Progressive Party (PPP) denounces the continued peddling of such falsehoods. The Party wishes to remind that it was none other than the Chief Elections Officer, Keith Lowenfield, who, on February 5, 2019, articulated a position that exposes the PNCR’s positon as completely misleading. The Chief Elections Officer in his comments, which were reflected in a February 6, 2019 Stabroek News report, was clear that a period of Claims and Objections can refresh the validity of an already “clean” Voters’ List. Mr. Lowenfield had said: “We can move toward the conduct, as I said yesterday, of a claims and objections exercise of a duration to be specified by the Commission so that we can arrive at a list… claims allow for the youthful
to be added and Objections for the deceased to be removed based on the submission made by the GRO [Guyana Register Office]. Other deaths not reported to GRO, when we are in the field, people will come to us and say Jagmohan next door died and we want his name to be removed.” That the PNCR would go as far as touting falsehoods as “facts” about the Voters’ List is appalling. The PNCR claims that there are names of dead persons who are on the Voters List. The FACT is that this can be addressed without a new national house-to-house registration. The PNCR claims that there are names of non-existent persons who are on the list. This is a blatant lie. No such complaint was raised by the PNCR in the last several elections held in Guyana. Additionally, the use of biometrics (fingerprints, etc.) prevents multiple registration of one person under different names. The PNCR claims that there are thousands of young people who recently became 18-years-old and are not on the list. The Party high-
ly doubts that thousands of young persons are not registered, given that persons who attained the age of 14-years, as of October 31, 2018, were registered during the last Continuous Registration Cycle. However, the FACT is that a Claims and Objections process allows any person who is 18-years-old to be registered as a first time voter. The PNCR’s rantings about a “corrupt” Voters’ List “created by the PPP”, during the years the PPP/C held office, is a transparent ploy, since it was the very Voters’ List that was used without complaint at several elections: for the 2011 General and Regional Elections where the PNCR-led APNU, together with AFC, secured a majority in the National Assembly; for the 2015 General and Regional Elections where the APNU+AFC Coalition Government won government; and for the last two Local Government Elections. The PNCR will not be allowed to mislead the Guyanese people. The PNCR’s track record with Elections that are not fair, nor credible is one that is known internationally.
Additionally, the PNCR questions: “Why is the PPP afraid of having a clean Voters’ List and a credible election?” The Party reiterates that complaints about the Voters’ List being unclean were never raised by the PNCR during the past several elections. Additionally, a new national house-to-house registration, as currently proposed, would disenfranchise Guyanese students studying abroad, Guyanese working overseas and other Guyanese who may be holidaying. The Constitution details exactly what the requirements are for Guyanese to be included on the Voters List. The current proposal for new national house-to-house registration would de-register hundreds of Guyanese who are currently included on the Voters’ List. Further, the PNCR should answer a few questions: • Why is the APNU+AFC Coalition Government attempting to delay General and Regional Elections that are constitutionally mandated, following the passage of the no-confidence motion on December 21, 2018? • Why is the David Grang-
er-led Administration averse to upholding the rule of law in Guyana? • Is the APNU+AFC Coalition Government afraid of returning to the polls? Interestingly, the PNCR expressed confidence in its claim that the Granger-led Administration will be returned to power once the current Voters’ List is “replaced” by a new one. A Voters’ List does not confer any advantage to any political party to ensure an electoral victory, rather; it is the policies and hard work of political parties. In over four years, the APNU+AFC Coalition has only been successful in increasing the hardships place on the Guyanese people – over 30,000 jobs have been lost, the decline in the local economy is visible, key productive sectors are facing greater hardships, there has been increased taxation resulting in Guyanese having less disposable income, and much more, including the decline of the health and other critical sectors. The policies of the current Administration have failed to ensure greater job and wealth creation for our people. The Party stresses that
Desperation of the APNU+AFC Coalition... lands for housing they are frantically doling out prime real estate to their friends and family members. The government and their sycophants have been attacking the Leader of the Opposition, Dr. Bharat Jagdeo for revealing this obscenity, but have not provided any proof contradicting this. This is just one of the many examples of the government operating in a manner to benefit themselves and their cabal at the expense
of ordinary Guyanese. As the desperation of the APNU+AFC Coalition Government increases their attempts to fool the population have reached ridiculous levels. The recent announcement that there will be the de-criminalization of the usage of certain amounts of marijuana is another example of their desperation. It is widely known that making this a reality is not as straightforward as they are
purporting; rather it has to grow through a process that includes the National Assembly. Fortunately, the populace see this for what it is. In their 2015 Manifesto the then Opposition had stated that this would be high on their agenda. As with other issues this was proven a lie. They have stymied all attempts to make this a reality. Now that elections are fast approaching they are trying to fool the Rastafarian Community and
other sectors of the population in an attempt to win their votes. The prospect of elections and the reality that they will lose those elections seemed to have caused some of the Ministers to become mentally unbalanced. The statement by Minister Trotman that God put them in power and will ensure they remain there is an example of this Minister being mentally unstable. The bible teaches that God wants
new national house-to-house registration is a ploy to delay constitutionally due General and Regional Elections. A Claims and Objections exercise can address all of the issues that are being raised as ‘justifications’ for new national house-to-house registration, since it will: Allow any eligible Guyanese who has reached the age of 18-yearsold to be registered if their name is not on the Voters’ List; Allow any eligible Guyanese to get a transfer from one voting district to another, in the event that they changed their place of residence; Allow any eligible Guyanese to do a name change; Allow for the removal of a dead person from the Voters’ List; and Allow for objections to be made to the name of someone not eligible to be on the Voters List. The PPP maintains that the Constitution of Guyana must be respected and elections must be held within the three-month timeframe stipulated by Article 106 (7) of the Constitution. The APNU+AFC Coalition Government must stop engaging in delay tactics and call elections now. (July 5, 2019)
(From page 26)
the best for his children, and it is obvious that having this government remain in power is not best for Guyana. We cannot bear anymore. God is not that cruel. As staff within the Ministries become fed up with the government and disgusted with the series of improprieties they observe on a daily basis they are exposing these improprieties. These exposures have caused the Ministers and other officials
within the government to become paranoid. This paranoia has caused them to lash out wildly at those they perceive to be exposing them. They have even resorted to illegally dismissing some staff and then having to retract those dismissals. As elections draws closer we can expect more erratic behaviour from this cabal. We just have to see their actions for what they are and not be fooled.
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WEEKEND MIRROR 13-14 JULY, 2019
Gunmen rob delivery truck at Agricola
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andits pounced on a SOL gas distribution truck at Agricola on Wednesday (July 10, 2019) afternoon during a brazen robbery. Reports are the incident occurred at 13:30hours on the East Bank highway in the vicinity of Agricola, while the gas delivery truck contracted to SOL Guyana Incorporated was proceeding to Georgetown. The vehicle was reportedly stopped by two bandits armed with a handgun and a cutlass on a motorcycle. The gunmen rode
alongside the truck and pointed the gun at the driver in an effort to make him stop. Afraid for his life, the driver, who hails from the East Coast of Demerara, stopped and was robbed of a cellular phone and an undisclosed sum of cash. The two gunmen made good their escape into Agricola. An alarm was raised and Police were summoned to the scene. Investigations are ongoing.
Doctor robbed at gunpoint at GPHC
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obberies in the compound of the Georgetown Public Hospital Corporation (GPHC) continue, with a doctor being the latest victim on Monday (July 8, 2019). Reports are that the orthopedic doctor was robbed at gunpoint as he left one of the operating theatres at the GPHC. A report was made about the incident. However, the status of the investigation is unclear. In early June 2019, with the recent increased in criminal activities, GPHC staffers were warned to take extra caution. A public notice to all staffers said, “Members of
staff should be on the alert at nights when moving around the Hospital Complex for persons posing as patients in an attempt to rob them of their property. Members of staff should avoid wearing excessive jewelry especially as nights when on duty. Members of staff especially females should ensure their cell phones are properly secured in their possession when moving around the Hospital Complex, especially at night. Staff when moving in and around the hospital complex especially at nights should try to avoid walking in the dark and desolate areas when moving in the Hospital Complex. Members of staff, if afraid or in doubt when
going to any part of the Hospital Complex, could seek the assistance of the security guard on duty, through the supervisor.” Minister of Public Security, Khemraj Ramjattan, in June 2019, insisted that serious crime is down, while suggesting that stories on the front pages of the media might gave the perception that there is an upsurge. Earlier this month, Ramjattan insisted that Guyana is not in “really bad state”. “Sometimes this thing is emblazoned across the front pages of newspapers giving the impression as though we are in a real bad state, [but it’s] not really true,” he was quoted as saying.
Money changer, teenage daughter gunned down during home invasion
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n America Street money changer and his teenage daughter were on Thursday (July 4, 2019) shot dead by two armed bandits who invaded their property. Aaron Latchman, called ‘Star Boy’, and his 18-yearold daughter, Arriana Latchman, of Lot 58 Robert Street North, Better Hope, East Coast Demerara (ECD), were pronounced dead on arrival at the Georgetown Public Hospital just after 17:00 hours. Based on information received, the now dead man was attacked as he arrived home at approximately 15:30 hours.
It is believed that the two gunmen were in the man’s yard when he drove up in his motor car. As Latchman exited his car, he was immediately held at gunpoint. His daughter was with him at the time. The man and his daughter were taken to the upper flat of the house, where the bandits might have demanded money. It is believed that after the bandits were handed a bag containing a large sum of money, they shot and killed the teenager. Latchman was shot to the upper left side of his chest. He fell in the yard and was left in a pool
of blood. The two gunmen then quickly ran out of the yard and boarded a white Toyota Carina 212 motor car, which was parked some distance away. According to a neighbour, as the men ran, money fell from the bag they were carrying. The now dead man’s wife – an employee of the Dr Balwant Singh Hospital –and his younger daughter were not at home at the time of the incident. Investigations are ongoing.
Large quantity ammunition unearthed on Essequibo Coast R anks of G Division of the Guyana Police Force (GPF) on Tuesday (July 9, 2019) evening discovered a quantity of live ammunition and cartridges at Onderneeming on the Essequibo Coast, Region Two (Pomeroon-Supenaam) during a search. Based on information received, ranks
acting on information received went to the location and conducted a search. During the search, 44 live cartridges were discovered along with 38 live rounds and a spent shell, all concealed in a plastic container. No arrests were made but an investigation is continuing.
Clothes vendor killed during suspected robbery
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eon Hescott, 36, was fatally shot and killed during a suspected robbery at Middle Road, La Penitence, Georgetown, on Friday evening (July 5, 2019). Hescott called “Dudu” was shot at about 19:00 hour in an abandoned yard near his La Penitence, Georgetown house. The clothes vendor
had recently returned from French Guiana and according to relatives, he was here to renovate his father’s house at Lot 155 Middle Road, La Penitence. Police records showed that Hescott was charged in 2007 for robbing a Belgium dealer of $90 million worth of diamonds. Reports from 2007 had stated that
on March 2, 2007, Hescott along with another, while armed with a gun, had robbed Karim De Toledo of $90 million in diamonds and $350,000. It was alleged that the diamond dealer was about to enter a restaurant in Kitty, Georgetown, when the incident occurred. Investigations are ongoing.
Bandits rob, shoot security guard A 60-year-old man of Independence Boulevard, Georgetown was on Saturday morning (July 6, 2019) robbed and shot in front of his home, shortly after returning from a night shift. According to reports, the incident occurred at about 05:45hours at Lot 239 Independence Boulevard, La Penitance. Keith Canzius, a security guard, was just about to open his gate after arriving home, when he was pounced upon by two males, one of whom was armed with a gun. A scuffle ensued and he was shot once to the left side of his chest. Canzius disclosed that he saw the duo on a bicycle just
minutes before the incident but dismissed any ideas that they were about to rob him. However, as he attempted to enter the yard, the suspects charged at him, removing money from his pocket and a bracelet. One of men, he recalled demanded that he hand over a phone but he tossed it over the fence. After that, the bandits quickly made their escape on the said bicycle and fired one
shot which caught him near his chest. The injured man was rushed to the Georgetown Public Hospital Corporation (GPHC) where he was treated and discharged. The suspects escaped with $6000 and a bracelet valued at $90,000. The victim recalled that they wore hoodies to hide their faces. Investigations are ongoing.
Over 2000 ganja plants destroyed at Low Wood A s the police continue its eradication exercise throughout the country, at least 2000 cannabis plants measuring four inches to five feet in height were destroyed at Low Wood, Demerara River, on Thursday (July 4, 2019). Based on reports received, a team of Police ranks of A Division conducted the
exercise during which a three-acre marijuana farm was discovered and destroyed. In addition, several nurseries and a makeshift camp with a quantity of dried marijuana were also found and burnt. No arrests were made as Police continue their investigation.
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WEEKEND MIRROR 13-14 JULY, 2019
OBSERVER
Desperation of the APNU+AFC Coalition Government becoming increasingly clear O
ne of the most popular sayings attributed to Abraham Lincoln is about deception was that, “You can fool all the people some time and some of the people all the time, but you cannot fool all the people all the time.” This quote from Abraham Lincoln is quite relevant today as we observe the desperate attempts by the government to fool the people of Guyana. These desperate attempts have intensified since the successful passage of the No Confidence Motion. Since the passage of the motion the APNU+AFC Coalition Government has been engaged in a series of activities in an attempt to persuade the Guyanese voters to vote for them at the impending elections. It is clear for all to see that these activities are only being done because elections are eminent and are not coming from a place
of genuine concern for the citizens. People are reasonably questioning why these activities are only being undertaken now? As Abraham Lincoln stated, not everyone is fooled. Let us examine some of the activities undertaken by the government since the passage of the vote, and see them for the deceitfulness they are. One of their first acts after the no-confidence motion was engaging in Cabinet Outreaches across the country – calling these engagement ‘Bringing government to the people’. These activities were a colossal failure. People rightly questioned why these outreaches were needed as the Ministries should be sufficient to handle the business they were established for. People also felt disrespected at those events as they were made to stand
for hours in the burning sun, only to leave dissatisfied as their queries and issues were generally not dealt with to their satisfaction. People quickly realised that they were being used as pawns in a public relations scheme to fool others into believing that the government was interested in serving them. This was a failure as the government did not fool anyone as these outreaches only further exposed their incompetence and deceitfulness. For the three and a half years the APNU+AFC Coalition Government was in power, prior to the no-confidence motion, they treated the youth of Guyana with scant regard. They were merely treated as an afterthought. This was seen in the immediate disbandment of the Youth Ministry, the pattern of hiring by the government where elderly persons were
Guyanese urged to use social media platform to make anonymous submissions about corruption
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ith the four-year mark of the APNU+AFC Coalition Government being in office having passed and with more and more Guyanese forwarding information about increasing levels of corruption in office, a platform has been created to allow for easier communication of such information. Opposition Leader, Bharat Jagdeo, has urged Guyanese to make use of the social media platforms and participate in the effort to continue to expose the misdeeds of the APNU+AFC Coalition. He assured that the People’s Progressive Party/ Civic (PPP/C) will continue its investigations in the push for greater accountability and transparency. Guyanese can make submissions of information anonymously via Facebook on ‘Corruption Watch 592’ and via WhatsApp on telephone number (592)-653-6637.
hired in far larger numbers in comparison to the youths. Ministries were headed mostly by persons of advanced age, and activities preferred by youths were seriously curtailed. There has now been a flurry of activities undertaken by the government in an attempt to deceive the youths. The government has realised that this is a demographic that is disillusioned with the policies of the government and are now more than ever prone towards voting the opposition back into office. In addition a large portion of them have become apathetic to the whole political situation and are not motivated to vote at all. Unfortunately, the steps now being undertaken by the government to engage the youths are not doing anything to improve their livelihood. Their strategy to win back the youths have been supporting and promoting entertainment
activities, more particularly activities during the recently concluded Carnival. The government in an unprecedented move even went as far as purchasing 8,000 tickets for the Buju Banton Concert – at the expense of taxpayers – and distributed them to youths in areas where they perceive their support base resided. Activities such as these does nothing to improve the lives of our youths. What the youths in Guyana really want are jobs and opportunities to grow. Being given instant gratification with no further satisfaction continuing benefits no one. Fortunately the youths in Guyana are much smarter than the government give them credit for and has seen clear through the feeble attempts by the government to win them over and are roundly rejecting their overtures. They are not being fooled.
Since taking over the government the APNU+AFC Coalition housing policy has been haphazard at best. They have not created any new housing schemes and not a single new house lot was developed. Since the passage of the no-confidence motion they attempted to bring a semblance of order at that Ministry, but this has failed miserably. It has reached such a terrible state that the new Minister had to concede that it would take them almost two years to develop new housing schemes. Persons who were suddenly called to meet with officials of the Ministry were once again disappointed by the government. They were, like everyone else being used as another deception tool. Whilst the government is denying ordinary citizens the opportunity to acquire (Turn to page 24)
Guyanese interested in volunteering asked to contact Party
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he People’s Progressive Party/ Civic (PPP/C) is now available on WhatsApp number 592-611-PPPC (7772) and it encouraging Guyanese, who are interested in political activism and volunteering, to contact the Party. WhatsApp allows persons to message from Guyana other countries at no cost. Operators are manning the line on a 24-hour basis and interested Guyanese are asked to communicate this to the Party.
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WEEKEND MIRROR 13-14 JULY, 2019
Jordan admits that sugar sector is currently non-productive H
aving touted the decision to halt investments in the sugar sector and close several sugar estate, the APNU+AFC Coalition Government was heavily criticized by the Parliamentary Opposition for failing to make decision based on technical grounds. Opposition Leader, Bharrat Jagdeo, has said that the People’s Progressive Party/ Civic (PPP/C) is not opposed to reform or change in the sugar sector. However, he stressed that any move in that direction much be grounded in a realistic assessment of the current situation and on studies. He said, “No viable decision can be made without a feasibility study,” he said, adding that given the current state of affairs, one can only conclude that the decision to close sugar estates and fire 7,000 sugar workers was a political decision….it is a fallacy that the decision to send home 7,000 sugar workers and close estates was somehow grounded in theoretical work…it is a fallacy
that there was a process of consultation as crucial decisions were made about such a large sector….we can find all the money now to help the industry in budget 2018. It is not an issue of affordability. It is about political will.” This week, Finance Minister Winston Jordan admitted that the sugar sector, is its knees and non-productive at the moment. Notably, the Guyana Sugar Corporation’s (GuySuCo) debts and other financial considerations were the reasons for: 1) the viability of the sugar sector being reviewed; and 2) the decisions to close sugar estates and fire 7,000 sugar workers. Jagdeo has said that the debt figure for GuySuCo that has been repeatedly cited as $82B – but this is a deliberate distortion. He explained that a significant part of the money was for long-term debt and liabilities, while only about $17B represents short term debt. Of that $17B, Jagdeo noted that $7B is owed to the
Guyana Revenue Authority (GRA). According to him, the only real short-term debt faced by the industry was somewhere around $10B. The Opposition Leader has said, “It is not true that sugar cannot be restored in the future. It’s not true that sugar cannot be profitable. If we work real hard and we look at the multidimensional contributions of sugar to the economy we will through an economic analysis that sugar makes a bigger contribution to Guyana than the subsidy it
gets in this difficult period.” In addition to worries about the state of the sugar sector, followed the much criticized decisions of the APNU+AFC Coalition Government, the Guyana Sugar Corporation (GuySuCo) disclosed that it has been unable to meet its first crop production target/ According to figures released, GuySuCo only managed to produce 33,531 tonnes of sugar. In May, it was reported that the Albion Estate had
HELP IS AVAILABLE!
Persons who feel like they are at risk of harming themselves or are in need of emotional help should call the ‘Suicide Helpline’ on Telephone numbers (+592) 223-0001, 223-0009, 600-7896, 623-4444, or Email: guyagency@yahoo.com; Twitter: guyanaagency, WhatsApp: +592-600-7896, 592- 623-4444; Facebook: Guyana Interagency Suicide Prevention Help Line.
produced 15,462 tonnes of sugar out of its target of 18,511 tonnes. The Blairmont Estate had produced 8,879 tonnes of sugar. For the Uitvlugt Estate then, 7,397 tonnes of sugar had been produced. Worker attendance for the first crop averaged 61 per cent across the industry, with the Blairmont and Uitvlugt Estates recording 62 per cent attendance at each, while Albion Estate recorded a 60 per cent attendance record. GuySuCo’s second crop
target is currently set at 73,160 tonnes of sugar. In 2018, the first crop last year, the sugar company had produced 34,450 tonnes of sugar, failing to meet its target, and recording the lowest ever first crop for the industry in the last two years. For 2017, GuySuCo had fallen short of a projected figure for the first crop by some 24,566 tonnes of sugar. In 2016, the sugar company also fell short of its first crop target, producing only 56,825 tonnes.
Postponement Notice The People’s Progressive Party (PPP) Kitty group wishes to advise that the Raffle Draw scheduled for June29, 2019 has been postpone to August 1, 2019 at YMCA, Thomas Lands. The shift in time was due to unforeseen circumstances. We look forward to seeing all of those supporting the event soon.
‘Prospect of losing APNU+AFC Coalition has still Elections has fully unhinged not discussed looming Elections members of the APNU+AFC T Coalition gov’t’ – Jagdeo
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he APNU+AFC Coalition Government is clearly worried about the wrath of the Guyanese people, particularly the electorate, whom they have betrayed with countless broken promises and increased hardships, according to Opposition Leader, Bharrat Jagdeo. And, he said, this worry is manifesting itself into comments from Coalition government officials that only show that they are “fully unhinged” currently. Jagdeo said, “On a daily basis Guyanese are treated to various spectacle/comedy, often emanating in the form of public statements by public officials and which confirm that the prospect of losing the elections has fully unhinged members of the coalition Govt . “The first installment of lunacy was Raphael Trotman telling residents of an East Coast Demerara community that it was "God" put the APNU+AFC in government and that he will intervene to ensure that they remain there. Apart from the stupidity of claiming that God is on their side (the colonialists also claimed that God was on their side while they where practicing genocide in Africa and elsewhere), it is an affront to all god-fearing people to
imply that God sanctions the daily acts of corruption by this government. That God supports APNU+AFC's taking away of 30000 jobs from Guyanese; its $85 Billion per year increase in taxation; its constant excuses for rampant crime; its sell-out of our national patrimony through inept negotiations; its introduction of policies which resulted in a deterioration of health care and increased cost of living; its impoverishment of Guyanese of every race and political persuasion while expanding the perks of Ministers and their families and cronies on a daily basis. And he implies that it is God who is telling them not to comply with the Constitution of Guyana. “The second installment came from Volda Lawrence who said that a new voters list will give them enough seats to ‘stave off a Charandass attack’. They have started believing their own lies. Only people in an advanced stage of necrosis of the brain would think that a new Voters List and not your policies and track record will cause you to win an election. The Voters List that was valid until April 30, 2019 was used for the last four elections and APNU+AFC never found it was ‘corrupt’
until after the passage of the No-Confidence motion which required fresh elections within 3 months as mandated by our Constitution. These elections should have been held by March 21, 2019 . They clearly want to further delay the elections, hence the demand for House to House registration. It’s not the Voters List that they are worried about though. “Moses Nagamootoo then travelled with a known fuel smuggler on an illegal ‘Cabinet outreach’ which had cost the taxpayers over $1.5B. Nagamootoo and team heads to Jonestown, Mahaica to spin another pathetic story and make another promise that they have no intention of keeping.” The Opposition Leader declared that as the desperation of the Coalition Government worsens, Guyanese can expect similar displays of the “spectacle/comedy” as a daily ‘treat’. Last month, the Caribbean Court of Justice (CCJ) ruled that the No-Confidence Motion tabled by the Opposition in December 2018, had been validly passed and, therefore, General and Regional Elections must be held within three months – a timeframe that the Parliamentary Opposition insists is non-negotiable.
he two parties in the Governing coalition – A Partnership for National Unity (APNU) and the Alliance for Change (AFC) – are yet to meet despite the possibility of the country having to go to polls within a few months’ time. The admission came from Volda Lawrence, the Chairperson of the People’s National Congress Reform (PNCR) – the majority partner in the APNU+AFC Coalition Government. With the Caribbean Court of Justice (CCJ) having already ruled that the No-Confidence Motion was validly passed against the Coalition back in December, there is a possibility that early elections could be called this year. Meanwhile, Opposition Leader, Bharrat Jagdeo, has
made it clear that there will be no agreement by the People’s Progressive Party/ Civic (PPP/C) to an extension of the Coalition Government’s time in office – six months after the Government was defeated with the passage of a no-confidence motion on December 21, 2019. He had said the call for General and Regional Elections within three months is non-negotiable. Jagdeo said, “As (CCJ President) Justice Saunders said, are you asking me to rewrite the constitution? He posed to the other side. And the constitution says once a no-confidence motion is validly passed, elections have to be held in three months. And so we are going to insist on that. Three months to hold elections. We’re already been
living on borrowed time in the government, because of the delaying tactics. “…effectively, they have had a six months’ grace period so far. And we’re not going to tolerate any continued violation of the constitution. So we will insist on elections in three months. And when I meet with President Granger that is a non-negotiable. What is non-negotiable too is us going back to parliament to extend the life of this government. That’s non-negotiable.” The Opposition Leader noted that the Parliamentary Opposition will engage the APNU+AFC Coalition Government in good faith. “We will be open minded during the talks…but there are certain red times that we will not cross and that includes respect for the Constitution.”
Supreme Court of Judicature trashes Nagamootoo’s comments T he Supreme Court of Judicature, in a terse statement on Thursday (July 11, 2019) trashed comments made by Prime Minister Moses Nagamootoo, over the Court’s decision to hold Finance Minister, Winston Jordan, in contempt of court. The Court said, “The Judiciary has noted with grave concern an article in the today’s Guyana Chronicle Newspaper captioned ‘We have a right to protect tax-
payers’ money – AG flays ‘PSC’s hypocritical stance on Dipcon matter… PM says judge’s action smacks of vendetta’ in which aspersions are cast on the judiciary in relation to a matter before the Court. “The independence of the Judiciary and the rule of law must be maintained at all times. “The Judiciary would like to emphasize that anyone who is dissatisfied with a
judgment or a decision of a court has a right of appeal, and this is the avenue by which a lawful challenge to any judgment or decision can be made.” The Judiciary made clear that it again reaffirms its independence and integrity. The APNU+AFC Coalition Government, up to press time, did not proffer a response to the statement by the Supreme Court of Judicature.
AFC’s selection of Ramjattan as PM candidate dismissed by PNCR
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ast month, the Alliance For Change (AFC) selected Khemraj Ramjattan as not only the new AFC Leader, but also the Prime Ministerial (PM) candidate for the APNU+AFC Coalition at the next General and Regional Elections. However, Ramjattan’s selection as the PM candidate has been dismissed by Volda Lawrence, Chairperson of the People’s National Congress Reform (PNCR) – the majority partner in the APNU+AFC Coalition. “The coalition and the AFC have not reached that stage in terms of discussions on prime ministerial candidate,” Lawrence during a recent news conference.
AFC General Secretary David Patterson had said that the coalition is governed by an agreement, the Cummingsburg Accord, adding that, “There is nowhere in that agreement that says nominate a prime ministerial candidate who the coalition accepts or not.” Ramjattan’s selection as the prime ministerial candidate came after a bitter fight with incumbent Prime Minister, Moses Nagamootoo. According to an AFC press statement, at the January 26, 2019 meeting of the AFC’s National Executive Council, former AFC Leader, Raphael Trotman, in his address, reaffirmed his confidence in the David Granger/Moses Naga-
mootoo leadership to guide the Coalition Government in the period ahead. In early February 2019, when Ramjattan had hinted that he would welcome consideration as a replacement to Nagamootoo, Trotman said, “Politics and elections are very fluid and it is simply too early to talk about replacing anyone… prefer not to be too hasty, but to take time to observe and assess before reacting emotively…right now I am not sure if anyone feels that he or she can do a better job by winning more votes nationally, and has national acceptability.” Meanwhile, the APNU has decided to stick with Granger.
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