Weekend Mirror 16-17 March 2019

16-17 March, 2019 / Vol. 10 No. 64 / Price: $100

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

PPP/C calls for non-recognition of APNU+AFC Coalition after March 21 PAGE 10

‒ Letters dispatched to major international organizations

House-to-House Registration could push General and Regional Elections to February 2020 PAGE 20

‒ President’s meeting with GECOM did not address readiness for elections

Opposition-nominated GECOM Commissioners detail plan to allow April 29 Elections ‒ Granger rejects it PAGE 19

GECOM Chairman, Government-nominated Commissioners face criminal charges for constitutional violations PAGE 19

SEE INSIDE

Appeal Court called on to reject Coalition’s application for extended time in office PAGE 26 At Babu Jaan…

Jagdeo tells Party supporters that delay in constitutionally required Elections will not be accepted PAGE 15 ‒ Ali stresses call to action

Gov’t trying to find ‘devices, mechanisms and methods’ to justify delay of PAGE 9 constitutionally mandated Elections – Nandlall

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WEEKEND MIRROR 16-17 MARCH, 2019

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

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

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

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

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

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

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

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

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

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

10. Reverse VAT on exports.

11. Reverse VAT on building materials.

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

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

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

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

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

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

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

5. Deliver quality health care and end drug shortages.

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

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

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

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

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

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

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

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

15. Protect our national sovereignty and territorial integrity.

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

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

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

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WEEKEND MIRROR 16-17 MARCH, 2019

No constitutional support for Granger to give GECOM power to determine when Elections will be held – Civil Society Forum A

s the inevitability of a constitutional crisis – which arises when the time for initiating the procedures for General and Regional Elections to be held by March 21 is passed – becomes clearer, the APNU+AFC Coalition Government, led by President David Granger, are coming in for more blows over the current state of affairs.

On Monday (March 11, 2019), the Civil Society Forum, in a statement said, “Assuming the accuracy of press reports of President Granger’s meeting with GECOM on Friday last, the decision on when elections should be held has now effectively been passed to GECOM. President Granger is quoted as saying, ‘…we did not receive the sort of guidance that we need to enable me as President to make a proclamation to actu-

ally announce a date’.

“Giving GECOM effective power to determine when elections will be held is a position for which no Constitutional support exists.

Moreover, this maneuver revives the misgivings and insecurities generated by the controversial selection of the current Chair of a polarized GECOM who now has the casting vote on when elections will be held.”

“Rendering GECOM as the final arbiter of when elections can be held was made more explicit by the statement that, ‘I am confident that if the Guyana Elections Commission resolved or reconciled the different points of view, which exist in the Commission now, Guyanese could look forward to having elections at an early date as possible’.”

The Forum noted that rather than identify the specific technical or administrative tasks whose ‘unreadiness’ is inhibiting announcement of a date for elections, the President located ‘unreadiness’ in the disagreements among GECOM Commissioners.

“This was made clear when the President spelt out the tasks as ‘going back to the drawing board’,” the Forum said.

It added, “Since GECOM is comprised of persons chosen by the two major parties, assigning a problem that the two party leaders cannot resolve to their selected acolytes in GECOM seems intended more to evade than resolve the issue. Guyanese citizens deserve better.

“The main preparatory tasks for elections are routine – prepare the Voters List,

arrange polling stations, train staff, print ballot papers and administer polling day are routine. All of these technical issues are the responsibility of the Chief Elections Officer rather than resting on the opinions of the Commissioners. Given the not-too-distant local elections, GECOM is more prepared than normal.

The only task around which ‘unprepared’ is ever raised is the Voters’ List. “…President Granger singled out the need to ‘sanitize the ‘bloated’ Voters List as a particularly influential factor the Commission needs to address. He noted that we don’t want any citizen to feel disenfranchised. However, the reality is that a ‘bloated list’ does not disenfranchise individual citizens, since unregistered persons can find their way to one of hundreds

of GECOM offices around the country as part of the continuous registration process GECOM conducts on a daily basis. The main problem of a ‘bloated list’ is it retains names of dead or migrated persons and to this extent artificially lowers the ‘turn-out’ percentages. The argument for a house-to-house renovation of the List, therefore, is that it is desirable, but it is not essential, given continuous registration.”

The Forum made it clear that invoking the need for house-house registration, is unacceptable, as a basis for setting aside the constitutional provision to hold elections within three months.

“The Civil Society Forum believes that deferring the exercise of Presidential responsibility to set the date for elections to such time as

GECOM determines its own readiness is unacceptable.

The constitutions mandates GECOM to be ready within ninety days and there is no provision that allows the President to amend that provision as a pretext for not announcing a date for national elections,” the body said, The Forum includes representatives from the: Guyana Human Rights Association; the Movement Against Parking Meter; the Inter-Religious Organization; the Guyana Presbyterian Church; the Roman Catholic Church; Transparency Institute of Guyana Incorporated; the Guyana Rastafarian Community; Guyana Agriculture Workers Union; Red Thread; the Aircraft Owners Association of Guyana; RISE Guyana; and the Private Sector Commission.

Claims of billions in investment must be backed up by details – PPP/C MP

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he Guyana Office For Investments (GO-Invest) has claimed that that it enabled investments totaling $89.4B in 2018, according to Chief Executive Officer, Owen Verwey.

Of the $89.4B in investments, 56 agreements were signed, accounting for $52.2B. The 56 executed investments, according to Go-Invest, include: 38 local; 15 Foreign Direct Investments (FDI) - $11.3B; and three joint ventures - $2.3B in the Energy, Tourism and Manufacturing sectors.

Meanwhile, People’s Progressive Party/ Civic (PPP/C) Parliamentarian, Joseph Hamilton, charged that more specifics of which sectors saw $89.4B in investments. “Where are the investments? What type of investments are they? Where

are these companies? Where is the breakdown of the jobs that have been created or will be created from these investments?” he asked.

According to him, the claims made are akin to the Coalition Government’s previous efforts to hype jobs.

He said, “When you read the budget documents, the Finance Minister (Winston Jordan) always talks about projected investments, but the fact is that we still do not have details….the state of the economy, the decline, is clear…if there are these massive investments where are they? I hold the view that they are trying to continue to mislead people.”

Hamilton added, “The type of language coming from Mr. Verwey is political language. Our expectation is that the CEO of Go-Invest,

not being a politician, would – and should – speak frankly with the Guyanese people… these numbers have to be backed up by details.”

Last December, the Finance Minister claimed that by the beginning of the fourth quarter, GO-Invest had facilitated approximately $73.8 billion in proposed investment, anticipated to create over 1,700 jobs, across the coastal regions and Region.

However, when challenged, he failed to provide details to substantiate this claim.

The same situation obtained, relative to is claim that of the $73.8B, some $44B has already been approved.

FDI NUMBERS Notably, Foreign Direct Investments (FDI) in Guyana increased from US$58M in 2016 to US$212M in 2017

in part as a result of the oil and gas sector preparing for First Oil. However, the 2017 numbers are still lower than the 2014 numbers (US$255M), which were higher and did not include oil and gas sector investments.

Questions have been asked about government’s ability to attract foreign direct investments, outside of the lucrative oil and gas sector that many foreign parties want to be involved with - none of which have been answered to date.

MULTIPLE TRIPS With the three-year mark passed, since the APNU+AFC Coalition Government took office, there are no prospects for major future investments in Guyana. In three and a half

Transferred sugar workers from Rose Hall Estate demanding severance A t a meeting between former Attorney General, Anil Nandlall, and hundreds of sugar workers who were transferred from Rose Hall Estate to Albion Estate, ended with a possibility of another court case against the Guyana Sugar Corporation (GuySuCo).

These workers were

transferred in lieu of being severed after their jobs became redundant upon the closure of the Rose Hall Estate.

The workers present at the meeting, complained that the jobs to which they have been transferred are more onerous, the remuneration package is lower, the distance they have to travel is longer,

the hours of work longer and the nature of the work assigned much more difficult.

Nandlall advised that, “Once this option is chosen by the workers and accepted by the employer (Guysuco), the law mandates the employer to provide jobs and conditions of service, which are similar but not less fa-

vorable to those previously enjoyed by the workers at the old jobs.”

In the circumstances, they demand their severance package instead.

Representatives of the Guyana Agricultural and General Workers’ Union (GAWU) were also present at the meeting.

years, among several other trips made, there were three massive excursions between 2015 and 2017 – excursions that Guyanese were told focused on securing investments. To date there has been no details on the outcomes of those trips.

In October 2015, a high- level ministerial delegation to Canada included, First Vice President and Prime Minister Moses Nagamootoo, Public Security Minister Khemraj Ramjattan, Minister of Public Infrastructure David Patterson and Minister of Business and Investment Dominic Gaskin. The intention was to address investment possibilities. Despite multiple queries, to date there has been no update on what materialised from this trip.

In June 2016, there was

a New York investment conference, which saw the participation of a 16-member delegation, including four ministers and ‘honorific’ advisors. Here too, there has been no work of what investments proposals materialised from the two trips – if any.

In May 2017, a 12-member Guyanese team, including Business Minister, Dominic Gaskin, were on a Trade and Investment Explanatory Mission in Brazil, and were slated to participate in several rounds of discussions with investors in Boa Vista. As with the first no, no outcome statement detailed progress of the undertaking.

In the meantime, Guyana’s economy continues to perform poorly.

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WEEKEND MIRROR 16-17 MARCH, 2019

Guest

EDITORIAL The passage of the no-confidence motion…

Where did initial acceptance of consequences go?

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n the December 21, 2018, the motion of no-confidence against the APNU+AFC Coalition Government of Guyana was debated in the National Assembly and successfully passed by a vote of 33-32.

All parties accepted that the motion was successfully passed in the National Assembly – that the Coalition Government had fallen; and that there would be an election within three months, as prescribed by the Article 106 (7) of the Constitution of Guyana.

On the night of December 21, 2018, immediately after the successful vote, Prime Minister, Moses Nagamootoo, at an impromptu news conference held at Public Buildings (Parliament) in Committee Room 1, said: “The confidence motion was put the floor and the no-confidence motion was passed. The options that are available after a no-confidence motion is passed in the House is dictated by the Constitution, Article 106…. the Government remains in office until such time as elections are called….the Constitution says elections in 90 days….The process in the National Assembly was an open and transparent process….Parliamentary democracy triumphed.”

On December 22, 2018, a statement released by the Ministry of the Presidency, quoted President Granger as saying: “We will do everything necessary to facilitate the smooth functioning of General and Regional Elections bearing in mind the need for normal governmental functions to continue uninterrupted.”

On the same day, a statement from the Alliance For Change (AFC), read: “Pursuant to the constitutional requirement for elections, the party has begun to plan, prepare and mobilize.”

AFC Leader, Raphael Trotman, followed up on his Party’s statement with one of his own, where he said: “This no-confidence motion has been a wake-up call for us long before it was even voted on. The vote has made the concerns of the people even more acute. The AFC and Government have recognized this as a significant political indicator and it will not be business as usual.”

These declarations left the Guyanese people hopeful that the APNU+AFC Coalition Government would comply with the rule of law, specifically Article 106 (6) and 106 (7) of our Constitution.

However, within a matter of days, those hopes were dashed.

Initial acceptance of the consequences of the no-confidence motion by the APNU+AFC Coalition Government disappeared.

What Guyanese have been treated to since is a series of tricks, machinations and manipulation to delay constitutionally mandated General and Regional Elections.

As such, Guyana now finds itself on the precipice of a constitutional crisis – once the March 21, 2019 deadline passes the APNU+AFC Coalition Government will be unconstitutional, illegal and illegitimate.

Guyana’s “un-avoided crisis” did not have to be an inevitability, according to former Jamaican Prime Minister, Bruce Golding. In a March 10, 2019 column in the Jamaica Observer, he contends that: “Guyana is now deep in the throes of a constitutional crisis. It didn't have to be there….the constitutional crisis arises because the time for initiating the procedures for elections to be held by March 21 has passed…it does not appear that GECOM has begun any preparations at all for holding the election. Nor does it seem to have any intention of doing so because two weeks ago it announced that it would be reverting to its original work plan for 2019, which includes conducting a national house-to-house voter registration exercise. Given Guyana's huge land mass, which is 20 times the size of Jamaica's, such a process could well last until next year when a general election would normally be due….Guyana faces two options in resolving the impasse. One is to declare the earliest possible date for the election, taking into account the time reasonably required by GECOM to make the necessary preparations…the second option is for the election to be placed in abeyance pending the outcome of the legal challenge. This would be entering upon uncharted waters and the legitimacy of the Government beyond March 21 would certainly be called into question. It would also run the risk of inflaming political tensions and returning Guyana to the political turbulence of 50 years ago.”

Local developments have, fortunately, not gone unnoticed.

Guyana’s political situation is gaining attention in the Caribbean Region and in countries wider afield.

Granger cannot be trusted Dear Editor,

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he hardliners in the PNC have taken to the position of instructing the APNU+AFC that House-to-House Registration is mandatory. It is clear that there is no respect for the Constitution in the PNC Camp. I was sent a piece from the PNC newspaper (the New Nation) captioned “House-toHouse Registration is a must.” In that PNC-sponsored piece, their position is that the Guyanese voters list is padded, the nation cannot hold free and fair elections with such a list and that Guyana is an outlier in the world with a “population of less than 800,000 people and a voters list of more than 500,000.”

But how accurate is the PNC leadership on this matter? First off, Guyana can afford to hold an elections where over 500,000 names are on its voters list because this is not an abnormality that can prevent free and fair elections.

If one reflects on the situation in the Caribbean, they will see Guyana has one of the lower percentages of its population on the voters list compared

to places like Trinidad. So who are the PNC leadership trying to fool?

The fact remains – GECOM is fully empowered to hold free and fair elections if Mr. Granger calls a date before April 30, 2019. But as we saw from the latest talks between Mr. Jagdeo and the PNC leader, Mr. Granger is not committed to the process of Constitutional Rule. Rather he is leveraging his partnership with the current Chairman of GECOM to perpetuate an unconstitutional imposition on the people.

Every day that goes by, the GECOM Chairman is appearing more and more as an extension of the PNC. This is a dangerous development that brings back dark memories of the tenure of Harold Bollers and Ronald Jacobs.

The Patriotic Coalition for Democracy wrested from the PNC in 1990 a set of reforms that brought an end to electoral shenanigans and serves today to protect the people from these sorts of PNC electoral mischief that the nation saw firsthand during the period 19681985. The most important of these reforms was the counting of the ballots

at the place of the poll which is the key bastion of fairness in the Guyanese electoral system.

These elections are not about the PNC or the PPP, this is about a people standing tall in this world and telling all, we are a free people who act with integrity and high morality and we follow the rule of law. As we can all see every day since December 21, 2018, Guyana has lost its way and this latest meeting between Mr. Jagdeo and Mr. Granger confirmed this situation.

I can comfortably say that I told them so when I wrote a letter to the press captioned `There was nothing for Mr. Jagdeo and Mr. Granger to meet about’. Mr Granger is nothing but the same old PNC man using the same old PNC playbook launched by Mr. Burnham when he declared in 1976 at Sophia that the “State is but an arm of the party.” I trust Mr. Jagdeo has learnt his lesson. Mr. Granger is not a man to be trusted.

Yours faithfully, Sasenarine Singh

Arguments by gov’t and its GECOM appointees a clear attempt to delay constitutionally mandated Elections Dear Editor,

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ur dear country is in crisis and unchartered territory! The threats of an unmanageable police state are obviously imminent, as the Guyana Elections Commission (GECOM) plays a zero-sum game on one side. The fallen David Granger-led APNU/AFC coalition Government plays ignorance to the constitutional obligations on the other.

The call for a meeting turned out to be another publicity stunt, which the President and his cohorts would have used as an excuse had the Opposition Leader refused to meet.

It is widely known that President Granger stepped outside the tested and proven Carter constitutionally agreed formula and legitimate public expectancy in his widely condemned unilateral appointment of James Patterson as the Chairman of GECOM. He now pathetically uses the self-created contamination as a pretence-laden sham, in attempting to camouflage the dictatorial quest for power at all cost and lawless ineptitude to good governance.

The indecency of Patterson seems limitless, as he proves himself daily, a creature of infiltration and imbalance created by and operating under the whims of the David Granger’s PNC/R political party. His decisions as Chairman of GECOM flagrantly contradicts the rules of establishment of the organisation, as he uses his role to advance party paramountcy over the Constitution as the supreme law of our land.

It is indeed most contemptible that the fallen coalition Government Com-

missioners at GECOM would shamelessly exercise such constitutional defiance of the timeline and actions necessary for the holding of elections since the passing of the No-Confidence Motion. Following the coalition’s failed efforts at achieving delays approved by the Legislature and the Judiciary, their Commissioners at GECOM have taken on the mantra of creating a backdoor solution to the extension of power and fraud.

Led by Vincent Alexander, they are proffering all sorts of illogical excuses about the organisation not being ready, finance needed to conduct elections, and the need to conduct house-to-house registration. Under the ill-fated and deliberate delaying guile of Patterson, it took this cabal more than 50 of the constitutionally prescribed 90 days to falsely inform the public that they needed up to July to be ready. Alexander perhaps hopes to gain forgiveness for his fallout with Granger over his previous challenge for leadership of the PNC/R. It also took international engagements of foreign diplomats for CEO Lowenfield to pronounce that the List was clean and valid up to the end of April 2019 and that updates through the 10 Continuous Registration, Claims and Objection processes, had served this purpose. I wish to emphasise that the process of validation of the Voters’ List complied with a process according to law, and not under the fantasy of the PNC/R, Alexander and his cohorts.

It is a fact that without actions to savour an extension of the constitutional timeline for the mandatory election,

the Government becomes illegal after March 21, 2019. This has damning consequences for the country at large and international partners are likely to invoke sanctions which put Guyana further into the doldrums of underdevelopment by the time corrective actions are accepted.

In context, the myopic view or pretence of the President puts in public view, the illegal business as usual approach of his Government, contrary to the intent of the amendment of to the Constitution to include Sections 106 and 107. Accordingly, through the explanatory memorandum of Bill 14 of 2000, which is instructive to this effect, the drafters sought to ensure that the preservation of the President’s status quo for 90 days with the main purpose of ensuring the effective conduct of free and fair elections within the period.

The situation cannot be more obvious that a legal and clean Voters’ List as pronounced on by the CEO of GECOM’s Secretariat is inconvenient to the fallen APNU/AFC coalition.

The Government Commissioners and its secretariat staff are aware of the basis for its legal mechanism governing, as well as the process implemented towards its continuous update. The Government is aware that its cabal has conducted a number of egregious acts against the people and is now taking steps to try to buy citizens influence. The arguments for house-to-house activities, therefore, merely serves to illegally grant the coalition time at the citizens’ detriment.

Sincerely, Neil Kumar

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WEEKEND MIRROR 16-17 MARCH, 2019

Decisions by 'ghost' Cabinet cannot stand Dear Editor,

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ermit me space to comment on the ongoing constitutional crisis which seems to have evaded the prefixed vision of several commentators across the spectrum of print media, social and discussion forums. Generally speaking, a constitutional crisis results from a political crisis which invariably centres on government officials’ promulgating and promoting activities in contravention of constitutional provisions. At this juncture, most of us have our eyes glued to March 21 and beyond, as the commencement of constitutional malaise. This, however, may not materialize once the other constitutional provisions are followed.

Meanwhile, the ongoing constitutional crisis resulted from the ministerial plenary meetings or ghost cabinets which are attempts to resurrect the Cabinet. While such meetings may be in order, decisions taken cannot be used in furtherance of national socio-economic/development policies and programmes. To do so would be usurping the powers vested in the Cabinet which died on December 21.

Therefore, beginning with the publication of the Official Gazette on March 9, and the subsequent appointments of members to sev-

eral Boards contravene the constitution, and consequently, unlawful. This can and may potentially transform the constitutional crisis into a sociopolitical crisis.

In essence these and other similar acts of the APNU + AFC would be subjected to revocation by the next government for two reasons: unlawfulness, and political expediency. Given that the current government is acting in contravention of the constitution, thus unlawfully, the next government (highly likely to be PPP/C) must of necessity use the appropriate means to revoke these appointments. Furthermore, no government would want to have their Boards and Commissions pre-stacked with opposing members, as such skewed situation could stymie national socioeconomic development/ progress.

In a nutshell, while corrective actions would be necessary, doing so would likely receive a negative political spin and lead to a political and potentially socio-ethnic crisis.

Notwithstanding their unlawful appointments, these members would resist removal and likely accuse the new government of “witch hunting”.

Yours faithfully, Ronald Singh

Nagamootoo nothing but an imposter trying to claim that he can walk in Dr. Jagan’s shoes Dear Editor,

I

noticed Prime Minister Moses Nagamootoo, on his Facebook page, paying tribute to Cheddi Jagan on the occasion of his 22nd death anniversary. The showering of praises to Jagan and paying tribute to this late great leader of our country indeed is necessary for recognising the contributions Cheddi Jagan made to our people, our country and beyond.

The Prime Minister has, on several occasions, referred to himself as a disciple of Jagan and that he dearly upholds what Cheddi Jagan stood for. Jagan, as many know, was a leader who never forgot where he came from and has always been a vocal proponent of uplifting the rights of not only the Guyanese people but the oppressed peoples of the world. He was known for putting people first and was not carried away by the trappings of high political office.

But can we measure the Prime Minister, a self-professed devout follower of Cheddi Jagan, by the same yardstick? Let’s consider some of the PM’s actions. Nagamootoo, before he hardly warmed his prime ministerial chair, approved for himself and his cohorts a massive pay hike and substantial increases in perks. An Inews article of November 02, 2017, informed that the PM’s foreign travel bill between October 2015 and July 2017 – a span of 22 months – totalled over $19 million. Then the PM benefitted, according

NICIL-SPU disposal of sugar assets raises serious eyebrows Dear Editor,

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he Guyana Agricultural and General Workers Union (GAWU) has learnt, in recent times, that the Sugar Special Purpose Unit (SPU) of the National Industrial and Commercial Investments Limited (NICIL) has been disposing of certain movable assets from the now-shuttered Skeldon, Rose Hall, East Demerara and Wales Estates. The estates which had been surreptitiously placed under the watch of NICIL-SPU at the end of 2017 had a number of movable fixed and current assets when they closed their doors.

Information reaching the GAWU indicates that over the last few weeks that NICIL-SPU has been selling, among other things, serviceable tractors, motorcycles, and agricultural implements such as ploughs and harrows. The Union understands that the assets are being disposed of without any resort to competitive bidding. In fact, we disturbingly learnt that many of the items sold would have attracted superior prices had they been placed on auction. If our information is indeed accurate it is a serious cause for concern and we hasten to wonder whether the sale prices have any resemblance to the values that were assigned to the assets in question by the recently-completed valuation exercise that was conducted by Price Waterhouse Coopers (PwC).

Moreover the sale of these useful assets comes at a time when the Guyana

Sugar Corporation Inc (GuySuCo) rehabilitation programme has been severely hamstrung by a lack of equipment. Indeed, we learnt too that the Corporation had expressed interest in utilizing the equipment that was lying idle at the closed estates to further its plans to improve production and productivity. Last Saturday’s (March 09) Stabroek News reported GAWU’s President, Komal Chand as saying that the Corporation was operating below its potential.

The GAWU hastens to ask who approved the sale transactions:- was it fully considered by the Board of NICIL and, if so, what justifications were advanced to dispose of the assets in what seems to be a fire sale? The asset disposal, we cannot ignore, comes at a time when rumours are in the air about the transfer of State resources to personalities connected to the current Government. Whether the apparent haste by NICIL-SPU has any connection, we don’t know but, at the same time, we cannot ignore the coincidence.

We also learnt too that in recent times that NICIL-SPU has been selling former sugar lands and had engaged in a programme of scrap metal disposal. Given our understanding regarding the sale of assets, we cannot help but wonder whether maximum value was received.

Just recently, the Guyana Times reported about NICIL-SPU imposition of a fee for workers of Skeldon Estate to traverse the backlands to catch fish and to harvest wild vegetables to feed their

families who are hard-pressed since the estate closed more than a year ago.

The GAWU had expressed its serious concerns about what was reported and had written NICIL seeking consideration about a waiver of the imposed fee. Despite our letter and a subsequent reminder, NICIL, to date, has not even acknowledged our letter.

The apparent conduct by NICILSPU also gives rise to serious concerns about the sale of the estates themselves and whether maximum value would be sought. Undoubtedly, NICIL-SPU, as the agent of the Guyanese people, needs to be most concerned with this objective. The Union contends that the assets under the auspices of NICIL-SPU ultimately belong to the Guyanese people and it is in the people’s interest that this identified authority secures the best possible returns for these assets.

Indeed, consideration, at this time, cannot ignore the compelling view that the major sale of state assets should not be pursued due to the Constitutional issue that is presently in the public domain.

In fact, until there is clarity on the matter, the Union is of the view, the equipment should be released to the Corporation towards its field rehabilitation programme which is necessary at this time.

Regards, Guyana Agricultural Workers’ Union

to a May 22, 2017, Demerara Waves article, from a $13 million luxury vehicle to travel about. Then how could the nation forget that prior to the Prime Minister moving into his official residence, it had to undergo a $29 million facelift? Then, we should not forget too that the PM found his predecessor’s office unfit for him and a place had to be found for him at the Ministry of the Presidency. Then the PM, according to February 01, 2017, Guyana Times will benefit from VAT exemptions on vehicles he imports.

So while the PM may want to remind us about Jagan, he, at the same time, does not even stand in the shadow of what Jagan stood for and upheld in his lifetime.

So while the PM rightly says “No one could impugn Cheddi’s honesty, his high ethical principles and selfless dedication to Guyana,” can the same really be said about Nagamootoo? Can the PM not see that he stands now exposed for the Guyanese people to see and his sweet melodies and charms have become impotent and his true charlatan-like demeanour is there for the world to see.

Jagan was, undoubtedly, a great leader and is deserving of every encomium but the Prime Minister, on the other hand, is just a mere imposter trying to walk in footsteps he certainly cannot fill.

Yours faithfully, Patricia Persaud

No future for sugar in Guyana under APNU+AFC Dear Editor,

J

ust before the May 2015 General Elections, I warned that the Granger-led APNU+AFC had a sinister plan to close the sugar industry (SUGAR) in Guyana.

David Granger and Moses Nagamootoo vehemently denied any plans to close sugar.

In their four years in Government, they have downsized SUGAR by more than 50%, as a first step towards the goal to close sugar. As General elections loom again in Guyana, I again repeat my warning, APNU+AFC is determined to end SUGAR in Guyana.

APNU+AFC is deliberately mismanaging GUYSUCO, engineering its excuse to close SUGAR. While three sugar estates continue to operate, APNU+AFC is keen on finding an excuse to also close these estates. For more than 300 years, SUGAR was the most important industry in Guyana. The potential for SUGAR being an important industry for many decades more in Guyana still exists.

It is foolhardy and reckless for anyone to give up on SUGAR. APNU+AFC wants to end SUGAR in Guyana for political reasons, resulting from their anti-Jagan, an-

ti-PPP obsession. But while spiteful and petty, closure of SUGAR in Guyana, with downsizing as a first step, has horrendous consequences, the Guyanese people being collateral damage.

For example, the starting of SUGAR closure, at the end of 2015, precipitated an unemployment problem. Four years into the APNU+AFC term in office, Guyana is mired in an unemployment crisis, a crisis that started in 2015 and catapulted in 2016 by the closure of the first of the four sugar estates that are now closed. The total closure of SUGAR, if the Guyanese people allow APNU+AFC to achieve this goal, will mean that the unemployment crisis will be sustained for generations to come. OIL will not be able to rescue us.

Even as RUSAL is threatening to close operations in Guyana, causing a loss of another 500 jobs, GUYSUCO, still the largest single employer in Guyana, is bleeding from deliberate mismanagement, facing a precarious future. The last four years have not been good news for GUYSUCO and for employment in Guyana. More than 37,000 jobs have been lost, according (Turn to page 7)

6

MP Figueira peddling misplaced notions Dear Editor,

I

have been deeply disturbed, troubled and sitting dejected on reading the letter entitled, “Jagdeo’s system of apartheid,” in the Daily Chronicle of Thursday, March 7, 2019, submitted by Mr. Jermaine Figueira, PNC Member of Parliament for Region 10.

For quite a while I was torn in mind whether we PPP and PPP/C should respond to his repeating and so propagating the preposterous historical allegations arising out of fomented primeval fears amongst us Afro Guyanese, of the so called “Indian” PPP and PPP/C, herein Jagdeo and Ramotar “not liking black people,” “discriminating against black people,” “wanting to dominate black people”, “instituting a system of apartheid against black people” and so on. Mr. Editor, we of the PPP and the PPP/C of all races have been responding numerous times to these allegations.

We stand on our historical record of material achievements and of embracing Guyanese of all races, of all religions and from all regions from the time of the founding of our Political Affairs Committee (PAC) in 1946 to today. Nonetheless, I go once more to the battle line. I do so cognizant that a number of my Afro brothers and sisters are still vulnerable to such preposterous charges.

I start as one airline safety routine begins, to remind those who have heard these sentiments before and to inform those who are encountering these allegations for the first time, that these allegations generate lots of emotions but there is much of substance to the contrary.

I write also responding directly to Mr. Figueira – for I sense some playing to the gallery, some tentativeness in his opening line, as printed: “Fasten your seat belts, as I thread on delicate grounds.”

Mr. Editor, Mr. Figueira’s letter seems to call for a response at a number of levels from specific/particular/tangible as well as general historical, social/economic/intangibles viewpoints. Taking account of the limitations of space and time, I will here and now address mainly the specific allegations.

I contend contrary to MP Figueira that during our PPP/C period in office, October 1992 to May 2015 that: • All groups of Guyanese throughout Guyana, experienced similar levels of growth and development, in improved housing, supply of electricity, water, telephones, education and health services. If vehicle ownership is taken as a proxy for improvement in living standards and aspirations, Afro-Guyanese and Afro Guyanese areas did no less well than other areas.

• Addressing Linden and Region 10 specifically, as we have stated a number of times before, the PPP/C entered office in 1992 meeting an International Manager (MINPROC) installed in LINMINE by the departed PNC administration, in the course of covenants and conditionalities of the Economic Recovery Program (ERP). There was the covenant that after two years MINPROC would declare whether it could see LINMINE becoming profitable or not. If profitable, LINMINE was to be sold, if not

it was to be shut down forthwith. No more monies from the nation’s treasury were to be thrown away in subsidizing LINMINE. If we PPP/C had really disliked Linden, and Afro-Guyanese areas, all that we had to do was to conform to the PNC covenant. We did not; I reiterate, we did not: we squeezed and with blood in our eyes found ways above and below the table to resume and maintain subsidies to that company and community for many years into the future.

• We PPP and PPP/C would welcome a review and audit of our relationships with the Georgetown M & CC during our period.

The recent COI which included looking into the actions of the former Town Clerk should have opened many eyes to the likelihood that the criticisms of our Ministers and Government were not of bad mind, nor anti-Afro-Guyanese. Recall the recent Parking Meter debacle. In 1992 my Ministerial Responsibilities included Local Government and Regional Development which included Georgetown. The same Parking Meter proposal and some thirty proposals for municipal incinerators were brought to me by teams including some overseas Afro-Guyanese and native New Yorkers. Inherent, often buried deep in all of them were assumptions of payment fee-structures much the same as in New York – not surprising as all the equipment and installations were as in New York, but very far from affordable by Guyanese in the mid-1990s and even now. Our public has already heard much about the Parking Meter proposal and overwhelmingly rejected it. The incinerator proposals would have incurred charges of about G$800 million/year when the Municipality of Georgetown was collecting then about G$200 million per year in taxes. The early charges by then Mayor and Council of Georgetown of our PPP/C Government’s intransigence, and stymieing of proposed revenue generating initiatives of the M & CC, and with overtones of us not liking black people and wanting black people to fail and to look bad, flowed from my unwillingness to give the go-ahead to those unsound projects.

• On the question of the alleged biased support to our various municipal areas, MP Figueira, it appears, is referring solely to the publicly stated schedule of direct grants to Municipalities and NDCs. That does not take account of the very much larger cash flows from Central Government’s overall budget from which those people and communities benefit – for example the over G$2 billion/ per year to subsidize electricity in the Linden area which works out to more than about G$20,000: per household per month which we did not bring to the nation’s attention until forced to; nor does it consider the about G$900 million spent in constructing well surfaced roads and concrete drains in Bartica, and so on. I mention these instances to say that we tried as much as humanly possible to treat even handedly and equitably with all our communities whether mainly Afro Guyanese, Indo Guyanese, Amerindian Guyanese, or no-nation Guyanese.

• On the question of Dr. Roger Luncheon’s

WEEKEND MIRROR 16-17 MARCH, 2019 answer on the appointment of Afro Guyanese as Ambassadors, one must see his answer in the context of the series of questions by lawyers demanding yes/no answers. A number of persons appearing to me to be Afro-Guyanese were being considered and not long after were promoted to the level of Ambassador.

• On the question of SOPHIA and the adjoining squatting areas, Mr. Figueira forces me to recall the policemen and persecution inflicted on the squatters by the PNC in the years before we PPP/C took office, and that the PNC had earmarked SOPHIA in particular for high end housing developments. We PPP/C regularized the squatting we met in Sophia and neighbouring areas granting the land to those ordinary Guyanese, overwhelmingly AfroGuyanese, and we sought by finding more land to grant house-lots, to get ahead of the pressure for further squatting.

• Concerning MP Figueira’s charges “that during Jagdeo’s twelve year imperial rule, 468 Afro-Guyanese men were killed by an alleged state-sponsored death squad and phantom gang.” Former President, Dr. Bharrat Jagdeo has spoken to these charges a number of times and has been calling for a COI of that period. The lack of take-up on Dr. Jagdeo’s call, is an indication of uneasiness somewhere in so doing. I have been maintaining that that period started with the run up to our 1997 General Elections and the “slow fiyah, mo fiyah” marches and real fires as elitists fomented many ordinary AfroGuyanese to reject that second PPP/C win. They were encouraged to loot, burn and vent their frustrations on IndoGuyanese, who were once again as I said then made to pay the price for Guyana remaining whole.

I encourage MP Figueira, all AfroGuyanese and indeed everyone interested to put hands on and read Mr. Eusi Kwayana’s letter as he left Buxton and Guyana, on the calamity that had befallen Buxton.

• On the reports of Ms. Gay McDougal, UN independent expert, and Daudon Dienne UN Special Rapporteur, I do not know what Mr. Figueira might have been privy to but in his quotations I read a report written in much measured statements with which I would not contest, - not charges of apartheid. As an example, let us consider this quote from Mr. Figueira’s letter: [She (Ms. Mc Dougal) also said that “Ethnically based division and politics have created two separate and conflicting narratives and perceptions of reality in Guyana.” On the part of Afro Guyanese, Ms.

Dougal said there is a widely held belief that they are discriminated against by an Indian dominated and supported Government that puts Indian interests to the fore, particularly in resource allocation, government contracts and employment.

Mr. Editor, we PPP/C are aware that that narrative exists. It is exploitative of instances where any of our PPP/C leaders, members or supporters being themselves humans and members of our turbulent society, falls short of what we demand of our people - those instances are overblown.

Further, we would charge that there have been persons all along, considering themselves as elites, who have fomented and cultivated the narrative which Ms. Mc Dougal refers to and which MP Figueira is perpetuating. I am prepared to argue as I have maintained on a number of occasions that much of the problems of us, the Afro Guyanese group, flow from the inability of our leaders to find good, positive answers to our perceived problems.

Editor, let me end repeating a position I have written before: “A big part of the confusion and frustration of ordinary Afro Guyanese would be the historical seeming preferment of Afro-Guyanese in the Public Service and nationalized industries in the earlier years of that 28 year period, which backfired when that administration had to accept the ERP programme with its medicine of retrenchments, shrinkings and closures in the public service and nationalized companies, and future work being contracted out to the private sector. During that 28 year period, Afro-Guyanese were steered away from private business and into the Government sector, then, later, being largely salary and wage earners, pauperized by an effective devaluation of about 1,000 over that period.”

Our problems my dear Afro-Guyanese brothers, (to paraphrase from Shakespeare somewhere) lie not in our stars, nor with others, but with we ourselves and with those we countenance to become our leaders, who take themselves and our Afro group down paths that that are not progressive as they propagate narratives that keep us tied to the past and to them with them in office.

MP Figueira may be earnest in his call encouraging “Guyanese from all walks of life to come together for a national and truthful discourse on ethnic relations in Guyana”, however, his letter is no starting point.

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

APNU+AFC cabal cannot be allowed to destroy Guyana Dear Editor,

I

t is very disgusting that the APNU/ AFC coalition Government is trying to subdue and implicate Bharrat Jagdeo in making an inflammatory statement at Babu Jaan, Port Mourant, Corentyne, Berbice. The Opposition Leader was at the time addressing the massive crowd gathered to commemorate the birth and death anniversaries of the late President, Dr Cheddi Jagan.

Jagdeo must be complimented for enlightening the residents of Region Six and the entire Guyana that they must not allow this illegal, disrespectful, undemocratic group of people to wastefully use taxpayers’ monies to benefit themselves when they are not allowed to constitutionally.

This statement by Jagdeo “to chase them out of the communities” is justi-

fiable, because this group of political ‘drunkies in Government is so much addicted to the benefits that they are refusing to uphold and respect the Constitution despite their oath of office.

Guyanese must be very much appreciative for the strength and resilience that the Opposition Leader is showing against this APNU/AFC Government that is quickly becoming a dictatorship Government. If Jagdeo does not stand up to this Government, we will find our country returning to the dark days of the PNC. The people of Region Six are in full support of your statement, Mr Jagdeo, so do not be distracted, keep the pressure on these ‘ political drunkies’, do not allow them to destroy Guyana.

Regards, Zamal Hussain

7

WEEKEND MIRROR 16-17 MARCH, 2019

An open letter to media practitioners Dear Editor,

T

he Guyana Press Association’s statement on 11th March 2019 accused the General Secretary of the People’s Progressive Party (PPP), Leader of the Opposition and former President of Guyana, Dr Bharrat Jagdeo, of a direct attack and threat to the lives and livelihoods of members of the Association’s professional journalists and media houses.

This grave threat is described by the GPA as, “…he quipped that the question posed by journalist Nazima Raghubir was ‘stupid’.”

The use of the word ‘quipped’ to describe an attack or threat is novel. Deliberate misinterpretation of a quip is not, however; so an examination of the press conference on 7th March 2019 is instructive.

In relation to the SARA offer to settle the issue of his home at Pradoville, Jagdeo said, “It is a political thing…I will not pay a cent more”. Ms. Raghubir then asked, “You said

you rejected it, but on what basis?” Jagdeo replied, “…what kind of stupid question is that? …because you have to use deductive reasoning if it’s a political thing…”

Ms Raghubir, President of the GPA, was vociferous in her response, and was at no time cowed in the exchange. She spiritedly replied, “I get impatient with stupid statements”. This was in reply to a former President of Guyana.

Having found common ground on this issue, the press conference continued with both parties asking and answering questions in good humour. Ms. Raghubir did not leave the press conference.

It is difficult to discern an attack or threat from either tone or posture displayed by the Leader of the Opposition during this exchange, (complete video of which is available via the PPPC Facebook page).

The GPA should be in praise of the unprecedented access, via weekly press conferences, to the Leader of the Opposition,

which allows unfettered access to Jagdeo without constraint of time or a moderator. The PPP has a long track record of championing freedom of the press, and has fought its own struggles during previous PNC regimes to ensure the public always has access to the media, and that the media is free and fair.

While the GPA may indeed see questioning of deductive reasoning capabilities as a threat to many media houses, the biggest dangers to the lives and livelihoods of media practitioners and media houses are not quips and/or testy exchanges at press conferences.

The threat comes from the media’s abandonment of the universal journalistic code of ethics.

For enlightenment of those who entered the profession without formal training, there are four core principles: Seek Truth and Report it; Minimize Harm; Act Independently, and Be Accountable and Transparent.

An examination of the work of some members of the GPA shows a pattern of fabrication, lack of regard for the public good, bias and partisanship. A few examples presented here should be sufficient evidence of the need of the GPA members to take a more professional approach to their job.

On the 24th August 2018, Newsroom reported that the Opposition Leader hoped “that these shelters are just to assist the refugees temporarily, with a vision of having them deported.”

However, Mr Jagdeo did not use the word ‘deported’, but said ‘repatriated.’ The article has since been amended.

Newsroom was again the perpetrator

of fake news on two occasions when they claimed, on 4th October 2018, that the PPP/C had “pulled out of Wakenaam local government elections”, and on 8th September 2018, “Jagdeo supports repossession of Providence lands”.

The Guyana Chronicle, on any given day, will carry so many fabrications that it has become a futile exercise to keep up.

The GPA should work assiduously to self-police its members and curb the manufacture and dissemination of ‘fake news’. At stake is the credibility of the media.

For instance, there are unproven accusations that have been repeated ad nauseam: 400 Black youths killed by PPP and $28B stolen

by PPP. These have never been the subject of credible, independent investigation — a continuing blemish on the local journalistic fraternity.

The GPA Executive as constituted currently is an extension of the Ministry of the Presidency staffers employed at the Guyana Chronicle. This attempt to manufacture a threat from a good-natured exchange is transparent in its motivation and puerile in its execution. I would therefore advise the GPA Executive to spend some time in reflection on the harmful impact of this dishonest action on our country. I suggest they begin with Matthew 7:5, “Thou hypocrite, first cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother’s eye.”

Yours truly, Nigel Dharamlall, PPP/C MP

More confirmation that the APNU+AFC gov’t is scared of the electorate and power hungry Dear Editor,

L

ook at how fast this APNU/AFC Government is becoming Orwellian!

Ever since the successful passage of the No-Confidence Motion on December 21, 2018, the Government and its operatives have used and wasted State resources to stifle our democracy!

If paying exorbitant fees on Counsel for legal challenges, chartering planes for 19 Ministers to visit and campaign in Region Nine and using Government vehicles as part of the APNU mash parade contingent were not insulting and abusive enough;

check out Imran Khan’s commentary of March 10, captioned “The current political situation – why we are here”.

This inflammatory political commentary was produced with State resources and shared publicly on the Department of Information’s Facebook and YouTube channel. Khan has a duty as the Head of the Department of Information to only provide factual information. The DPI’s information dissemination media are for public interests and matters based on facts – not fake news and Imran Khan’s misrepresentation of the facts.

Attempting to avoid defamation chal-

No future for sugar in Guyana... to conservative estimates, with SUGAR accounting for more than 7,000 direct jobs and many thousands more indirectly. With the uncertainty of elections, a constitutional crisis after March 21st and possibly an illegal government by then, business activities have dropped by as much as 50%, with hundreds being laid off.

Meanwhile, Guyanese are dismayed at the sustained ugly disinterest APNU+AFC has shown towards GUYSUCO. This deliberate disinterest by the Government and, particularly, by the Minister of Agriculture, has contributed to the overall mismanagement and incompetence in the operations of GUYSUCO. Even as the operating estates are bleeding for more machinery, such as tractors, excavators etc., SPU/NICIL are selling off these same machinery, already owned by GUYSUCO, from the closed estates. This is not Incompetence and mismanagement, it is deliberate suffocation. The reported theft

(From page 5)

of significant amounts of sugar produced at the Uitvlugt Sugar Estate, far from being an isolated case, is symptomatic of every day, niggling and serious problems impacting the industry. These mounting problems will continue as disinterest sickens the industry.

While insisting the treasury will not invest in GUYSUCO, APNU+AFC, curiously, allowed SPU/NICIL to borrow $30B on behalf of GUYSUCO. No one knows where the money is and what the SPU has done with the money. In the midst of suspicion and anger about the whereabouts of the money and what it is being used for, GUYSUCO continues to claim they have not benefitted from any serious influx of funding from the $30B. Several weeks ago the Leader of the Opposition had to ask publicly for an explanation and the whereabouts of the $30B. I have continued to ask for some more than a year now the same question - where is the $30B? The President has ignored these questions.

lenges by not naming persons directly does not excuse Khan’s inciteful behaviour and abuse of State resources.

Let me answer Khan’s question – “why are we here?”

And let me add – Where is here? We are “here” because the Government lost a vote of confidence.

Where is here? Here is less than 7 days away from a constitutional crisis!

Why? Because the Government refuses to honour and respect the Constitution. It is that simple!

No amount of name calling by Imran Khan (opened eyed an all) will change

the fact that this soon to be illegal APNU/ AFC Government is clutching tightly to the reins of power while Guyanese suffer and our country is laughed at!

Every time Imran Khan opens his mouth and eyes, he confirms the widely held view that the APNU/AFC Government is scared, incompetent and power hungry.

Stop wasting our tax dollars! Stop abusing State resources! Stop spreading propaganda! Call elections now.

APNU+AFC behaves as if it is no one's business to ask. The Minister of Agriculture has made clear he has no idea where the money is, why the loan was taken and by whom and emphatically pronounced he does not want to know. Ignoring the queries from the workers, from the trade unions and from the management of GUYSUCO is inexcusable, but behaving as if citizens have no right to know the whereabouts of one of the biggest single loan ever in Guyanese history is political malfeasance and corruption at the highest level.

Just this week, GUYSUCO's management, out of utter frustration, berated the relationship with the SPU/NICIL, particularly with the SPU head, who is also now the acting head of NICIL. This same man, about a year ago, announced and published a whole page advertisement that there was a new GUYSUCO Board to replace the Clive Thomas-led, Cabinet-appointed Board. The Minister of the Presidency was forced to disown the SPU-appointed Board. It took the cabinet almost a year after that to itself appoint a new board.

Cabinet announced they will clarify who

was in charge, the Ministry of Agriculture or SPU/NICIL. Nothing has happened. Such risible behavior makes a mockery of one of the largest industries in Guyana, unless it is a deliberate strategy to end SUGAR. The treatment of GUYSUCO by the SPU/NICIL, the disinterest in GUYSUCO by the Government, in fact, reflect the long-standing strategy of the PNC to end SUGAR in Guyana. It said so in 2014 and now in government for four years, APNU+AFC has done everything to end SUGAR. Just like the Government's deliberate strategy towards a constitutional crisis in its management of the elections timeline, the Government's seeming disinterest is a deliberate strategy to end SUGAR. Clearly, APNU+AFC appears to have engineered an economic strategy in which OIL is the new economic pillar and that Guyana's economy will be an OIL economy. There is no future for SUGAR under APNU+AFC.

Yours truly, Vickram Bharrat, PPP/C MP

Sincerely, Dr. Leslie Ramsammy

8

WEEKEND MIRROR 16-17 MARCH, 2019

Granger tells GECOM Chairman to provide him with ‘plans, programmes, financial needs’ ‒ four days after rejecting work plan proposed by Opposition-nominated GECOM Commissioners

P

resident David Granger, on Wednesday (March 13, 2019), wrote to the Chairman of the Guyana Elections Commission (GECOM), James Patterson, urging the Commission to present “…plans, programmes and financial needs which will guide my proclamation of a suitable date for elections.”

Granger’s letter to the GECOM Chairman read: “I refer to your letter to me dated 2019.02.21 and to my two letters to you both dated 2019.02.25. I refer, also, to my consultation with the Guyana Elections Commission on Friday, 2019.03.08 at the Ministry of the Presidency.

“The consultation was intended to provide me with an understanding of GECOM's work programme which is expected to enable it to deliver credible elections within the shortest possible time.

“I now request that the Commission present me with a work programme in the shortest possible time.

I emphasise that this is essential to inform me of the Commission's readiness to deliver credible elections in Guyana.

2019 letter, that “GECOM’s readiness” is what will influence his decision to set a date for the constitutionally mandated General and Regional Elections.

Granger’s move came a day after criminal charges were filed against the GECOM Chairman and the three government-nominated GECOM Commissioners for conspiring to delay constitutionally mandated General and Regional Elections.

For the past several weeks, GECOM has indicated that it needs a date for General and Regional Elections before it can start preparing for General Elections; while President Granger has said that his setting a date for Elections depends on the readiness of GECOM.

“I urge you to present your plans, programmes and financial needs which will guide my proclamation of a

suitable date for elections.”

Meanwhile, a source within the People’s Progressive Party (PPP), charged

that President Granger is taking the Guyanese people for granter – more so when he reiterates in his March 13,

READINESS NOT DISCUSSED Readiness of GECOM was, however, not discussed during last Friday’s (March 8, 2019) meeting between Granger, the GECOM Chairman and the GECOM Commissioners.

In the meantime, National House to House Registration is being advanced with the cooperation of the Government-nominated GECOM,

the GECOM Chairman and Chief Elections Officer. The People’s Progressive Party/ Civic (PPP/C) and the Opposition-nominated GECOM Commissioners have objected to this, nothing that such an activity will delay constitutionally mandated General and Regional Elections, following the passage of the no-confidence motion on December 21. 2018.

Notably, Opposition Leader Bharrat Jagdeo, has said that with the deadline being March 21, 2019 – after which the Granger-led government will be unconstitutional – the PPP/C would support a vote in the National Assembly to extend the life of the Government once General and Regional Elections are called on or before April 30, 2019.

Given that GECOM has a responsibility to act in accordance with the Constitution, the Opposition-nominated GECOM Commissioners – Bibi Shaddick, Robeson Benn and Sase Gunraj – proposed a detailed work plan to allow for General and Regional Elections to take place on April 29, 2019. This was rejected by Granger. (SEE PAGE 19 FOR ADDITIONAL REPORTING)

US encourages ‘free ‘Clock is ticking’ – British envoy and fair’ elections T G uyana accredited a new Ambassador from the United States of America, Sarah-Ann Lynch, on Wednesday (March 13, 2019).

Lynch, in comments after handing over her accreditation documents to the Government, said, “Moving forward, we will continue to encourage genuinely free and fair elections, freedom of speech and assembly, multiparty representation, and a constitutional judiciary process.”

The new US Ambassador’s comments come as Guyana is on the precipice of a constitutional crisis – seven days away from March 21, 2019, when General and Regional Elections are constitutionally required to be held, following the passage of the no-confidence motion.

Lynch most recently served as the Acting Assistant Administrator for the US Aid for International Development’s (USAID) Bureau for Latin America and the Caribbean (LAC).

She has also served as the Senior Deputy Assistant Administrator for LAC; USAID Mission Director in Iraq; and the Director of the Office of Iraq and Arabian Peninsula Affairs in USAID’s Middle East Bureau. Lynch has been with USAID since 1993, and served in Bangladesh, Peru, Afghanistan and Iraq. Lynch earned her B.A. from Mount Holyoke College in 1982, and an M.A.L.D. degree from The Fletcher School of Law and Diplomacy, Tufts University, in 1988. She also received an M.S. from the National War College in 2011.

he Constitution is the supreme law of Guyana and the “three-month clock, which is still ticking, it hasn’t been stayed yet,” according to British High Commissioner to Guyana, Gregory Quinn.

In a publicized interview, he said, “…the only other way of getting through that is the political leadership, for both sides to come to an agreement… given that ticking clock, it is necessary for both sides to come together and come to a solution as to how to resolve that issue, so we don’t get to the question of what happens the day after.”

Attempts by the Parliamentary Opposition to engage President David Granger ended without any agreement.

On December 21, 2018, the no-confidence motion brought by the parliamentary Opposition People’s Progressive Party (PPP/C) against the Government succeeded when former

AFC Member of Parliament Charandass Persaud broke rank and made a conscience vote in favour of the motion.

With the Government’s defeat, the next steps are spelt out in the Constitution of Guyana. Article 106 (6) of the Constitution states: “The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.” Article 106 (7) goes on to state that: “Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”

On the night of December 21, 2018, immediately after the successful vote, Prime Minister, Moses Nagamootoo, at an impromptu news conference held at Public Buildings (Parliament) in Committee Room 1, said: “The confidence motion was put the floor and the no-confidence motion was passed. The options that are available after a no-confidence motion is passed in the House is dictated by the Constitution, Article 106….the Government remains in office until such time as elections are called….the Constitution says elections in 90 days….The process in the National Assembly was an open and transparent process….Parliamentary democracy triumphed.”

On December 22, 2018, a statement released by the Ministry of the Presidency, quoted President Granger as saying: “We will do everything necessary to facilitate the smooth functioning of General and Re-

gional Elections bearing in mind the need for normal governmental functions to continue uninterrupted.”

On the same day, a statement from the Alliance For Change (AFC), read: “Pursuant to the constitutional requirement for elections, the party has begun to plan, prepare and mobilize.”

AFC Leader, Raphael Trotman, followed up on his Party’s statement with one of his own, where he said: “This no-confidence motion has been a wakeup call for us long before it was even voted on. The vote has made the concerns of the people even more acute. The AFC and Government have recognized this as a significant political indicator and it will not be business as usual.”

Currently, Guyana is days away from the March 19, 2019 deadline – after which the Coalition Government becomes unconstitutional, illegitimate and illegal.

9

WEEKEND MIRROR 16-17 MARCH, 2019

Case filed against AG, MOTP Permanent Secretary over move to allow for more money to be spent via restricted tendering A

ttorney at Law and Chartered Accountant, Christopher Ram has moved to block the APNU+AFC government from issuing contracts beyond $15M. He is also seeking to prevent payments for contracts issued after the passage no-confidence motion on December 21, 2018.

Former Attorney General and Minister of Legal Affairs and Attorney-at-Law, Anil Nandlall, filed a Fixed Date Application, on Ram’s behalf, against the Attorney General and the Permanent Secretary (PS) of the Ministry of the Presidency.

Nandlall is seeking: • A Declaration that with effect from the evening of 21st December, 2018, all functions or duties provided in any law to be performed specifically by Cabinet have ceased from that time by virtue of Article 106 (6) of the Constitution of the Co-operative Republic of Guyana, this is pursuant to the decision of the Honourable Chief Justice (ag) Madam Roxanne George, in the case of Christopher Ram vs The Attorney General and The Leader of the Opposition Action No. 2019-HC-DEMCIV-FDA-29; • A Declaration that all government procurements (contracts) in excess of fifteen million Guyana dollars (G$15,000,000) requires

Cabinet’s review and approval pursuant to Section 54(1) of the Procurement Act, Cap. 73:05; • A Declaration that, by virtue of Article 106 (6) of the Constitution of the Co-operative Republic of Guyana and the decision of the Honourable Chief Justice (ag) Madam Roxanne George, in the case of Christopher Ram vs The Attorney General and The Leader of the Opposition Action No. 2019-HC-DEMCIV-FDA-29, effective from the evening of 21st December, 2018, there exist no Cabinet to review or award any contract which exceeds fifteen million Guyana dollars (G$15,000,000) pursuant to section 54(1) of the Procurement Act, Cap. 73:05; • A Declaration that any procurement (contract) in excess of fifteen million Guyana dollars (G$15,000,000) approved by a purported Cabinet after the evening of 21st December, 2018, is unconstitutional, unlawful, null, void and is of no legal effect; • A n Order restraining Permanent Secretaries within all Government Ministries from making any payment towards any procurement (contract) in excess of fifteen million Guyana dollars (G$15,000,000) approved by a purported Cabinet after the evening of December 21st, 2018; and costs.

Nandlall contends that

the ruling of the Chief Justice (ag) is clear that following the successful passage of the No-Confidence Motion on the 21st day of December 2019, the Cabinet stood resigned.

According to the Court documents, the grounds for this action are: • That section 54 (1) of the Procurement Act stipulates that “the Cabinet shall have the right to review all procurements the value of which exceeds fifteen million Guyana dollars…”; • That Cabinet has the right to review and approve all procurements (contracts) in excess of fifteen million Guyana dollars (G$15,000,000) in accordance with section 54 (1) of the Procurement Act; • That Article 106 (6) of the Constitution of the Co-operative Republic of Guyana provides 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.”; • That on the evening of 21st December, 2018, on a vote of all the elected members of the National Assembly, the Government was defeated on a vote of confidence brought on a motion in the name of the Leader of the Opposition, which motion was passed

with thirty-three (33) votes in favour of it and thirty-two (32) votes against; • That the Honourable Chief Justice Madam Roxane George on the 31 January, 2019 in the case of Christopher Ram vs The Attorney General and The Leader of the Opposition (2019-HCDEM-CIV-FDA-29), ruled that on 21st December, 2018, the National Assembly of Guyana properly, validly and lawfully passed a motion on a vote of No Confidence provided for by Article 106 (6) of the Constitution of the Co-operative Republic of Guyana, in which the Government was defeated and that the resignation of the Cabinet took immediate effect on the success of a no confidence motion; • That the Honourable Chief Justice Madam Roxane George on the 31st day of January, 2019, in the case of AG v Dr Barton Scotland, Speaker of the National Assembly & Others (2019-HCDem-Civ-FDA-22) ruled that the Ruling of the Speaker of the National Assembly that motion of no confidence debated in the National Assembly on 21st December, 2018, was carried by a vote of a majority of all the elected members of the National Assembly is lawful and valid and that the motion of no confidence upon a division vote of 33:32 Members of

the National Assembly was validly passed as the requisite majority pursuant to Article 106 (6) of the Constitution of the Co-operative Republic of Guyanawas obtained; • That pursuant to Article 106 (6) of the Constitution of the Co-operative Republic of Guyana and the judgement of the Honourable Chief Justice Madam Roxane George on the 31st day of January, 2019, in the case of Christopher Ram vs The Attorney General and The Leader of the Opposition (2019-HCDEM-CIV-FDA-29) effective the evening of December 21, 2018, the then Cabinet ceased to exist; • That by virtue of the above paragraph the President and the Ministers who constitute the Cabinet was compel to resign their functions in Cabinet but retain their office until elections are held; • That all procurements (contract) in excess of fifteen million Guyana dollars (G$15,000,000) cannot be approved by a purported Cabinet after the evening of 21st December, 2018, until elections are held and a new Cabinet appointed; • That any procurements (contracts) in excess of fifteen million Guyana dollars (G$15,000,000) approved by a purported Cabinet after the evening of 21st December, 2018, is unconstitutional,

unlawful, null, void and is of no legal effect.”

A date is yet to be fixed for this matter.

Massive increases, approved with immediate effect by the Coalition Government, in thresholds for the restricted tendering of contracts for goods and services and construction, were exposed in early February 2019.

The gazetted Procurement (Amendment) Bill of 2019 signed by Finance Minister, Winston Jordan, will change the previous threshold for restricted contracts for goods and services from $3M to $10M. In the case of construction contracts, the threshold catered for in Section 26 of the Procurement Act has been moved from $10M to $20M. Also, quotation methods of procurement have been raised to $3M. A copy of the circular signed by Mark Bender, Deputy Chairman of the National Procurement and Tender Administration Board (NPTAB), exposed the increased. In the circular, Bender advises permanent secretaries, agency and corporation heads and regional administrations that the threshold for restricted tendering in the case of contracts for goods and services has been increased.

Gov’t trying to find ‘devices, mechanisms and methods’ to justify delay of constitutionally mandated Elections – Nandlall H earings in the four appeals in the Appeal Court on the cases related to the vote on the no-confidence motion – the validity of which was upheld by the High Court on January 31, 2019 via rulings delivered

by Acting Chief Justice, Roxanne George-Wiltshire – were held on Tuesday (March 12, 2019).

Lead attorney representing the Parliamentary Opposition, Anil Nandlall, said the constitutional provisions under review are very clear.

He said, “The ruling of the Chief Justice was only an interpretation of the plain literal language of those provisions. Here you have lawyers standing up for hours and hours trying to distort the clear meaning of the language of the Constitution which we are all acquainted

with.”

According to him, a no-confidence motion is nothing new, because the parties comprising the coalition Government wanted to pass one in 2014, but now they were arguing that a no-confidence motion was not provided for in the Constitution. “They were planning to use 33 votes to win the no-confidence motion in 2014, now you hearing that 33 votes can’t win a no-confidence vote anymore … they were planning to win the no-confidence motion in 2018 had Charandass Persaud not voted the way he voted, now you’re hearing 32 votes can’t win,” he said.

Nandlall also decried the wastage taxpayers’ monies by hiring more lawyers.

“Look at the amount of money they are spending on an

exercise which in my mind is futile. We now have a distinguished lawyer from Grenada brought here and it is costing the taxpayers,” he said.

The former Attorney General added, “We are careening into a state of crisis and the Government is unconcerned and all they are doing is trying to find devices, mechanisms and methods to try to justify their position or delay elections.”

Attorney General Basil Williams, along with former Attorney General of Grenada and now Senior Lecturer at the University of the West Indies Cave Hill, Barbados, Dr Francis Raphael Alexis, took the lead in making oral submissions to the court on behalf of Government.

The APNU+AFC Coalition Government, through

the Attorney General, moved to the Appeal Court on Tuesday (February 5, 2019) in two of the three appeals that have been filed to date.

In the both cases, under grounds for appeal, the Attorney General, Basil Williams, argues that the Acting Chief Justice’s ruling was “unreasonable and cannot be supported having regard to the evidence” – although the ‘evidence’ in question was not detailed. He argues too that the Acting Chief Justice “erred and misdirected herself in law when she ruled that the motion of no-confidence upon a division vote of 33:32 Members of the National Assembly was validly passed as the requisite majority of all the elected members of the National Assembly pursuant to article 106 (6) of the

Constitution.”

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

The National Assembly has 65 Parliamentarians. In the current configuration, 33 seats are held by the Government and 32 are held by the People’s Progressive Party/ Civic (PPP/C). On the day of the vote on the motion of no-confidence motion, a Government Parliamentarian, Charandass Persaud, voted with the PPP/C. Williams contended that the National Assembly comprises 65 members and that, mathematically, half of all the elected members equals 32.5. Accordingly, he says

that the figure should then be rounded to the next whole number, being 33, which would now represent half of the elected members and that the majority thereby being a number greater than half means that ‘1’ ought to have been added to the whole number ‘33’ to calculate an absolute majority of 34.

The Acting Chief Justice ruled against Williams in this case.

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

SECOND APPEAL CASE In the second case, Christopher Ram, an attorney-at-law and chartered accountant, had asked the High Court on January 8, 2019 to validate the passage of the (Turn to page 24)

10

WEEKEND MIRROR 16-17 MARCH, 2019

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

Guyana Under Review Several issues were addressed a weekly news conference held by Opposition Leader, Bharrat Jagdeo, on Thursday (March 14, 2019), ranging the Parliamentary Opposition’s engagement with the international community on the impending constitutional crisis in Guyana to the increasing desperation of the APNU+AFC Coalition Government to justify its failure to uphold the Constitution of Guyana.

Granger acting in complicity with GECOM Chairman,three gov’t-nominated Commissioners to delay Elections

T

he Constitution of Guyana and the role of President David Granger are now being subjected to the discretion of the Guyana Elections Commission (GECOM) – a Commission where the balance to ensure non-partisan actions has been violated by Granger himself when he unilaterally appointed James Patterson as the GECOM Chairman.

This is according to Opposition Leader, Bharrat Jagdeo, during his Thursday (March 14, 2019) news conference, where he addressed the March 13, 2019 letter sent by Granger to the GECOM Chairman.

Jagdeo said, “I believe the letter will fool Guyanese once more, to indicate somehow that the President is taking the issue seriously, when he himself is lending to the process of delay and confusion.”

The Opposition Leader noted that Granger’s letter said: “I now request that the Commission present me with a work programme in the shortest possible time.

I emphasise that this is essential to inform me of the Commission's readiness to deliver credible elections in Guyana.”

According to him, this request came almost a week after the March 8, 2019 meeting that Granger had with the GECOM Chairman, the six GECOM Commissioners and the Chief Elections Officer – a meeting that was supposed to address GECOM’s readiness to deliver General and Regional Elections. “You needed a whole week to tell GECOM that you need a work programme…clearly, if this is not part of the President’s strategy to delay the elections, then nothing is. It makes all that we are saying about the president trying to delay elections true,” he said.

General and Regional Elections are due by March 21, 2019, in line with Article 106 of the Constitution, following the passage of the no-confidence motion on December 21, 2018. Given that the March 21 deadline is days away, and no action has been taken over the last

three months by GECOM to ready itself for Elections, the Parliamentary Opposition contends that Guyana is on the precipice of a constitutional crisis.

“We have a president is acting in complicity with his three GECOM Commissioners and a unilaterally appointed GECOM Chairman,” Jagdeo stressed.

After the March 21, 2019 deadline, the People’s Progressive Party/ Civic (PPP/C) has said that the APNU+AFC Coalition Government will be unconstitutional, illegal and illegitimate.

In addition to Article 106 not being complied with, GECOM has also been criticized for constitutional non-compliance. Article 162 (1) of the Constitution states clearly that: “The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament.”

PPP/C calls for non-recognition of APNU+AFC Coalition gov’t after March 21 ‒ Letters dispatched to major international organizations

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etters have been dispatched to the Commonwealth, the Commonwealth Parliamentary Association (CPA), the Organisation of American States (OAS) and the Caribbean Community (CARICOM), according to Opposition Leader, Bharrat Jagdeo.

“Gail Teixeira has written to the Commonwealth, OAS, CARICOM and others, on my behalf…in all these letters we are calling for non-recognition of the APNU+AFC Coalition after March 21, 2019,” he said, during his Thursday (March 14, 2019) news conference.

The letter to CARICOM read, in part: “Secretary General, these developments now warrant your urgent attention and intervention.

“We, therefore, call on you, as the Secretary General

and the Heads of Government of the Commonwealth, to stand firmly in defense of constitutional rule and democracy in Guyana, and, in the Commonwealth. Anything other than constitutional rule will lead to instability, which will have grievous consequences for Guyana and its people, and, for the entire Region.

“In these circumstances, we strongly urge CARICOM to call on the President Granger to comply with the Constitution and avoid a constitutional crisis. Failing which, we call on you to not recognize the APNU+AFC Coalition Government after March 21, 2019. We also call on CARIOM to ensure that the President Granger Administration nor its Ministers are accorded recognition at meetings of CARICOM

after March 21, 2019.”

Jagdeo added that several other issues were also raised with the international organizations. He said, “There are other issues we raised…we have them a detailed briefing of what is happening in Guyana – the bad faith actions of the Coalition government, the non-compliance with the Constitution and the delay of Elections.”

The Opposition Leader disclosed that the international bodies have acknowledged the letters and there will be follow-up engagements. “I have called the Secretary General of CARICOM already…I will be calling the others,” he said.

The international community, according to him, will continue to be briefed on what is happening in Guyana.

Granger called out for backpedaling on views about involvement of international community in Guyana

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omments by President David Granger about “non-interference” from the international community is in stark contrast with comments he made in 2014, when he called for sanctions to be imposed on Guyana after Parliament was prorogued – despite the fact that prorogation was a constitutional mechanism that could have been used at that time.

Opposition Leader, Bharrat Jagdeo, on Thursday (March 14, 2019), underscored to the contradictory positions. He said, “To my surprise, Granger talks about non-interference…I was wondering why he did not say that in 2014 when he

called for international sanctions against Guyana.”

Jagdeo noted that Granger, in 2014, as then Opposition Leader, accepted the position that a country could be placed in for undemocratic acts. He had said then that: “Other countries in the Commonwealth have been sanctioned before for breach of democracy. I know Fiji has been sanctioned; Pakistan has been sanctioned; Zimbabwe, I think, has also been sanctioned. And it is in the interest of Guyana to avoid these sanctions. These sanctions could have a deleterious effect on the economy and of course the way Guyana is perceived in other coun-

tries. Guyana wants to attract Foreign Direct Investment.

Guyana wants to attract tourists and Guyana wants to be able to access donor funding around the world. But when it is perceived widely that Guyana is a pariah state, Guyana is an outcast, there will be less willingness on the part of donor countries to pump money into what is becoming a failed state – to pump money in a country which does not practice democratic behaviour.”

Granger’s comments about “non-interference” came after the accreditation of a new United States of America Ambassador to

Guyana, Sarah-Ann Lynch.

Lynch, in comments after her accreditation papers were accepted, said: “Moving forward, we will continue to encourage genuinely free and fair elections, freedom of speech and assembly, multiparty representation, and a constitutional judiciary process.”

Jagdeo noted that the People’s Progressive Party/ Civic (PPP/C) is pleased about the views expressed by the new US Ambassador to Guyana.

“We are pleased about this… and we are pleased about other statements that have emanated from the representatives of the local diplomatic corps,” he said.

The PPP/C has been engaging representative of the diplomatic corps in meetings over the past several weeks.

These are expected to continue in the coming days.

PPP/C HAS CLEAR POSITON Jagdeo stressed that the position of the PPP/C in dealing with the international community over the last two decades has been clear.

“The international community has always been involved in advancing the democratic process in Guyana,” he said.

As such, the Opposition Leader charged that continuing to engage the international community to ensure that

the rule of law is upheld in Guyana is “nothing new” for Guyanese.

To stress his point about the role the international community can play in a country, with respect to a country’s sovereignty, he referred to the African’s Unions’ Constitutive Act, which details the principle of “non-indifference” – a principle that address involvement of the international community in another country under specific violations, including human rights breaches.

According to him, Granger ought to take cognizance of the African’s Unions’ Constitutive Act.

11

WEEKEND MIRROR 16-17 MARCH, 2019

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

Guyana Under Review Several issues were addressed a weekly news conference held by Opposition Leader, Bharrat Jagdeo, on Thursday (March 14, 2019), ranging the Parliamentary Opposition’s engagement with the international community on the impending constitutional crisis in Guyana to the increasing desperation of the APNU+AFC Coalition Government to justify its failure to uphold the Constitution of Guyana.

Refashioning arguments struck down in ‘profound’ ruling

by Chief Justice will not change facts in Appeal Court

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he APNU+AFC Coalition Government is attempting to use the Appeal Court to delay constitutionally mandated General and Regional Elections, despite a “formidable”, “profound” and “well-reasoned” judgement handed down by the Chief Justice (ag) on January 31, 2019, according to Opposition Leader Bharrat Jagdeo.

After the passage of the no-confidence motion on December 21, 2018, the Coalition Government fell and Article 106 of the Constitution was activated – meaning that General and Regional Elections have to be held by March 21, 2019.

There has been no move to these elections; rather the Coalition government has mounted a challenge of the validity of the no-confidence motion. With the High Court having already ruled on the matter, the issue is now before the Appeal Court. The Coalition has indicated that it will take the matter as far as the Caribbean Court of Justice.

In the meantime, with days left until the March 21, 2019 deadline, the People’s Progressive Party/ Civic (PPP/C) has said that the Coalition will be unconstitutional, illegal and illegitimate after the deadline.

At his Thursday (March 14, 2019) news conference, he noted that foreign lawyers have been engaged by the Coalition to argue its case in the Appeal Court.

“No amount of foreign representation that the government will pay for with taxpayers’ monies – and the use of taxpayers’ monies now is a problem in itself – will work….how will you get past the Constitution of Guyana and the ruling of the Chief Justice, a ruling that was profound and detailed…every argument being made now has been

struck down by the Chief Justice with formidable reasoning,” he said.

FIRST ARGUMENT The first, Jagdeo noted is the “refashioning” of the 31-34 argument – saying that a vote of 34-31 was needed for the passage of the no-confidence motion, not 33-32. According to him, the Constitution is clear that the passage of the no-confidence motion needed a majority of elected members of the National Assembly, which is 33 or more votes. “I would like to see what kind of creativity will be used…the Chief Justice’s ruling on this was factual, logical and well-reasoned,” he said.

In her ruling, the Acting Chief Justice said: “The majority required by Article 106(6), being a majority of all elected members of the National Assembly is at least thirty-three (33) members. As a result of the finding above, the no confidence motion is carried as a requisite majority was obtained by a vote of thirty-three – thirty-two (33-32)…the President and the Ministers cannot therefore remain in Government beyond the three months within which elections are required to be

held…I therefore find that Cabinet is not required to resign with all convenient speed, as the resignation under Article 106(6), in my view, takes immediate effect following the defect of the Government in a vote of confidence by a majority of all elected members of the National Assembly. In this case, Cabinet must be taken to have resigned with immediate effect from the evening of December 21, 2018, and all functions or duties provided in any law to be performed specifically by Cabinet must have ceased from that time.”

SECOND ARGUMENT On the argument of dual citizenship, Jagdeo noted that the Chief Justice was clear in calling out the Government for benefiting from the vote cast by Charandass Persaud, who holds a dual citizenship, but then challenging the validity of his seat in the National Assembly when his vote did not align with the interests of the Coalition. He said, “The Chief Justice ruled that dual citizenship is not contemplated in our Constitution (relative to Members of Parliament), but she did not invalidate the vote…

Article 162 (2) is clear on

this…what argument will government use now? I have not heard them address Article 165 (2).”

Article 165 (2) of the Constitution states that: “The Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the Assembly first meets after the commencement of this Constitution or after any dissolution of Parliament) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the Assembly shall not invalidate those proceedings.”

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

THIRD ARGUMENT The Opposition Leader noted that there is also an attempt to have the Appeal Court extend the life of the APNU+AFC Coalition Government, past the March 21, 2019 deadline.

According to him, the Court cannot be used to “supplant” the Legislature – since, according to the Constitution, it is only by a two-third majority vote in the National Assembly, that the deadline can be extended.

Jagdeo, during his March 6, 2019 meeting with Granger, had proposed that General and Regional Elections be called on or before April 30, 2019. He informed Granger that this is the only condition under which the People’s Progressive Party/ Civic (PPP/C)

will support the Coalition Government – which needs to have a two-thirds vote in the National Assembly – to extend the March 21, 2019 deadline. Granger rejected this offer.

During his news conference, the Opposition Leader reiterated that, “Only legislators in two-third vote can extend the life of the government; not the court or anyone else….if the courts try to do that they will be putting themselves above the Constitution…so the timeline, I don’t see, how it can be extended.”

FOURTH ARGUMENT Jagdeo also highlighted the fact that the Coalition Government is arguing that it needs to stay in office beyond the March 21, 2019 deadline, so that it can be able to legally approve additional funding for the Guyana Elections Commission (GECOM) to hold General and Regional Elections.

“They are now saying they need to stay on in power because GECOM will not have enough,” Jagdeo said, adding that the former Attorney General, Anil Nandlall, has already pointed out that if GECOM needs additionally financing it can secure that via access to the Contingency Fund.

Granted that the Contingency Fund is an option, Jagdeo added that the Contingency Fund might not even be needed, since GECOM has “twice the amount of money” needed to conduct General and Regional Elections.

Notably, in August 2015 President David Granger signed off Act 4 of 2015 – the Fiscal Management and Accountability (FMAA) (Amendment) Act 2015.

Section 80 B (8) – makes it clear that: “The appropriation of a Constitutional Agency approved by the

National Assembly shall be disbursed as a lump sum by the end of the month, following the month in which the appropriation was approved.” Section 80B (7) of the same Act states that: “The annual budget of a Constitutional Agency approved by the National Assembly shall not be altered without prior approval of the National Assembly.”

In line with the FMAA amendment, Finance Minister, Winston Jordan, on November 19, 2019, during the consideration of the 2019 budget of GECOM, a constitutional agency, in the National Assembly, said: “Mr. Chairman, the sum of $5,371, 061,000 is given as a lump sum to GECOM to use as it sees fit and as it prioritizes.”

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

Given these facts, Jagdeo said, “GECOM has more than enough money than it needs…this argument is to open a new front to legitimize an illegitimate government…the nonsensical arguments can be made, but it will not change the facts.”

The hearings in the cases related to the no-confidence motion challenge are continuing.

12

WEEKEND MIRROR 16-17 MARCH, 2019

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

Guyana Under Review Several issues were addressed a weekly news conference held by Opposition Leader, Bharrat Jagdeo, on Thursday (March 14, 2019), ranging the Parliamentary Opposition’s engagement with the international community on the impending constitutional crisis in Guyana to the increasing desperation of the APNU+AFC Coalition Government to justify its failure to uphold the Constitution of Guyana.

Use of Norway monies Former US President in on small-scale energy talks with Opposition on developing political situation projects raised with F IDB President

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resident of the Inter-American Development Bank (IDB), Luis Alberto Moreno, has been briefed on the use of monies from the Norway-deal on small scale energy projects, as opposed to advancing the Amaila Falls Hydropower Project (AFHP), for which there was an independent study.

This is according to Opposition Leader, Bharrat Jagdeo, during his Thursday (March 14, 2019) news conference, who added that , “We informed the IDB President about the monies being used for smaller things, like solar, which cannot be baseload (for generation of needed capacity).”

The Amaila Falls Hydroelectric Project was initially expected to deliver a steady source of clean, affordable, reliable renewable energy to meet approximately 90 per cent of Guyana’s domestic energy needs and remove the country’s dependency on fossil fuels.

As at 2014, approximately US$70M of this had been deposited by Norway in the Guyana REDD+ Investment Fund (GRIF) which is channeling investment into seven LCDS projects. The Norwegian Government had announced that it plans to transfer US$80M to the Inter-American Development Bank (IDB), to be used as Guyana's equity contribution to the Amaila Falls Hydro Project.

The independent, factsbased assessment of the Amaila Falls Hydropower project in Guyana, which was done by an independent Norway-based engineering and design consultancy firm, Norconsult AS, found that the project is the only realistic path for Guyana to achieve greater levels of renewable energy.

“The fastest way forward is to maintain AFHP as the first major step for substituting its current oil fired generation. AFHP was prioritized as the first hydropower

plant because it was the only project with a full feasibility study completed, it has a higher plant load factor than the alternatives, a smaller reservoir and a levelised unit cost in the same range as the most attractive alternatives,” the summary of the 49-page report said.

The report also highlighted that Hydro power is the only way in which we can achieve the 2025 renewable energy target; that the Amaila Falls Hydropower Project is the fastest way to get to renewable energy by 2025; that the BOOT model is the most appropriate way of structuring the project and should be maintained; and that the project should be re-tendered since the last tender was in 2008.

The team meeting with the IDB President, in addition to Jagdeo, included People’s Progressive Party/ Civic (PPP/C) presidential candidate, Irfaan Ali, and PPP/C Parliamentarian, Juan Edghill.

Norway will be called on to halt disbursements after March 21

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he Kingdom of Norway will be officially called on to halt disbursement of monies, for the Guyana REDD+ Investment Fund (GRIFF) projects, after March 21, 2019.

Opposition Leader, Bharrat Jagdeo, made the disclosure during his Thursday (March 14, 2019) news conference, adding that as Guyana stands on the prec-

ipice of a constitutional crisis, engagements with the international community with heighten.

“No disbursements (on GRIFF projects) should take place after March 21,” he said, reiterating that after this date, the APNU+AFC Coalition Government will become unconstitutional, illegal and illegitimate.

March 21, 2019 – days

away – is the deadline for General and Regional Elections to be called, following the passage of the no-confidence motion on December 21, 2018. However, there have been no moves in this direction and Jagdeo contends that Government, led

by President David Granger, is pushing Guyana into uncharted waters and into a constitutional crisis.

ormer United States of America (USA) President, Jimmy Carter, has inquired about the developing political situation in Guyana, according to Opposition Leader, Bharrat Jadgeo.

During his Thursday (March 14, 2019) news conference, he said, “I received a call from (former) President Carter and I spoke with him about what is taking place in Guyana now and he said he will try to get on to President Granger. I do not know if he succeeded… at some future time I will brief you if the discussions continue. “…I thought it’s necessary for Guyanese to know that I received a call and I spoke with him. I’d prefer to keep a little quiet about the contents at this point in time until I hear back from him as

to whether he n fact spoken with President Granger.”

Representatives of the Carter Centre are in Guyana meeting with stakeholders on the current political state of affairs, last month.

On Monday, February 11, 2019, the Carter Center reps met with Jagdeo and a People’s Progressive Party/ Civic (PPP/C) team.

On Tuesday, February 12, 2019, the Carter Center reps - Associate Director, Brett Lacy, and Legal and Electoral Advisor, Anne Marlborough – met with the recently constituted Civil Society Forum. Members of the Forum include The Anglican Church of Guyana ; the Guyana Human Rights Association ; the Movement Against Parking Meters; the Inter-Religious Organisation; the Guyana

Presbyterian Church; the Roman Catholic Church; the Transparency Institute of Guyana Incorporated; the Guyana Rastafarian Community; the Guyana Agricultural and General Workers Union; the Guyana Trades Union Congress (GTUC);Red Thread; RISE Guyana and the Private Sector Commission.

The Carter Center team has also met with Government and the Guyana Elections Commission (GECOM).

Former President Carter is the founder of the Carter Center, which is a non-governmental organisation. The Carter Center has worked in Guyana since 1992 to help deepen democracy, strengthen civil society, encourage sustainable development, and reinforce rule of law.

Current political fight is about preserving rule of law T

he situation facing Guyanese is not about race, rather it is about the rule of law, according to Opposition Leader, Bharrat Jagdeo.

During his Thursday (March 14, 2019) news conference, he said, “This is not about race. This is not even about our politics even… this is about the government was elected, put in place and refuses to abide by rule of law and Constitution. “…I am arguing that all Guyanese, regardless of race or politics, must want a government that respects the Constitution. How can Guyanese bring up our children in a country where our government is the largest group of law breakers? What consequences are there?”

He stressed that Guyana’s development and adherence to the principle of the rule of law go hand in hand. The Opposition Leader added that the AP-

NU+AFC Coalition Government cannot think that it can act illegally and not face consequences.

As such, he reiterated that the People’s Progressive Party/Civic (PPP/C) maintains its position of non-violence, but will engage in peaceful protests that target, specifically, President David Granger, Prime Minister, Moses Nagamootoo and the APNU+AFC Ministers.

“They believe that they can stay in office illegally and do so with impunity…they have to understand that they cannot act with impunity…we will target them,” he said.

Jagdeo noted that while protests will target Granger, Nagamootoo and the APNU+AFC Ministers, it will not target ordinary Guyanese people.

He said, “How do we treat ordinary people who work with people? If we insist on what we should insist

on, a government shutdown, what will happen to public servants? This is why we are not calling for government shutdown.

“When I first went into to Parliament (after the 2015 Elections), I said we will not do anything to harm our people, we will support things that bring our people benefit. So we cannot support shutdown….so right now what we will insist is not a shutdown of government that will cause our public servants to lose income… it is not the public servants who are breaching the Constitution, it is Granger and his cabal…we will target the President, Nagamootoo and the Ministers.”

The Opposition Leader, did warn, that in addition to the “Granger cabal”, anyone who is complicit with the Coalition Government – in acting illegally – will also face consequences.

WEEKEND MIRROR 16-17 MARCH, 2019

13

PPP/C presidential candidate takes national outreach to Wakenaam

14

WEEKEND MIRROR 16-17 MARCH, 2019

Thousands gather to remember the life and work of Dr Jagan at Babu Jaan

15

WEEKEND MIRROR 16-17 MARCH, 2019

At Babu Jaan…

Jagdeo tells Party supporters that delay in constitutionally required Elections will not be accepted ‒ Ali stresses call to action “We have a responsibility to protect our democracy…let us make a commitment to “N ow is the time when we must all give a little more for our freedom, we must care a little more for our people, we must sacrifice a little more for the greater good of our nation and our future.” This sentiment of Dr Cheddi Jagan, is emblazoned on a billboard at the entrance of the Babu Jaan memorial site, at Port Mourant, Region 6.

And on Sunday (March 10, 2019), during the annual memorial event which attracted a massive gathering, this message took on greater meaning, given the current state of affairs in Guyana, including in the political arena.

Quoting Dr. Jagan, People’s Progressive Party/Civic (PPP/C) presidential candidate, Irfaan Ali, said, “Those who do not move do not no-

sive Party.”

Ali also took aim at the APNU+AFC Coalition Government, pointing to the absence of leadership in critical areas. “Where are they?” he said, “We are meeting here at very strange times. We are meeting at a time when our country and our people are faced with many challenges.”

According to him, the story of the Guyanese people, regardless of their political affiliation, is the same. “Our people are losing hope. Hope is gone because of this government…today we are making a commitment that the PPP will be returned to office so that hope can be restored to our country,” he said, adding that the priorities of the APNU+AFC Coalition has been exposed in their spending in the last five national budgets that were presented.

never let dictatorship…this is not about politics, it is about upholding our Constitution…this is not the time to stand on the sidelines, it is the time for unified actions… we have send a clear message ‘we shall not allow the boots of dictatorship to trample on us’…we will move overcome….with all the despair we must remember the words of Dr Jagan – it is hope that will motivate us, it is hope that will inspire us, it is hope that will take us forward….that hope is the People’s Progressive Party.”

– PPP/C presidential candidate, Irfaan Ali

Jagan bequeathed to us. “…the PPP has always been on the side of the people, on the side of progress… once the PPP was formed its prevailing ideology was worked out quickly…it is a Party for all of Guyana…a Party for everyone…our agenda is a pro-working class one…equipped with that ideology we started first with the fight to vote…you can trace our history, civil rights, education…all of this took

us to get rid of the decrepit cabal.”

The PPP General Secretary noted that much has been said about the no-confidence motion. He said, “I think they are still in a state of shock…they were supremely confident, with the same attitude of bullyism, and when it hit them they were shocked…after initial acceptance, they now arguing that it is ‘business as usual’….it can’t be business as usual…

“Babu Jaan has become a very important place for us…because it allows us an opportunity every year to chronicle the political developments in the country for the year and remind all of Guyana about the PPP and its significance in the history of Guyana…this is essential because of the people who seek to revise the political history of Guyana…if we do not remember our history, if we do not remember the achievements and what we stand for, we will not recognize the strong Party that we have, the Party that Cheddi Jagan bequeathed to us…the PPP has always been on the side of the people, on the side of progress…once the PPP was formed its prevailing ideology was worked out quickly…it is a Party for all of Guyana…a Party for everyone…our agenda is a pro-working class one.”

– Opposition Leader, Bharrat Jagdeo tice their chains.” According to him, all Guyanese have to heed the message of Dr. Jagan – more so because it is a call to action, a call to service. On that note he assured the gathering of his commitment to service – his commitment to all Guyanese.

He said, “We have a responsibility to protect our democracy…let us make a commitment to never let dictatorship…this is not about politics, it is about upholding our Constitution…this is not the time to stand on the sidelines, it is the time for unified actions…we have send a clear message ‘we shall not allow the boots of dictatorship to trample on us’… we will move overcome…. with all the despair we must remember the words of Dr Jagan – it is hope that will motivate us, it is hope that will inspire us, it is hope that will take us forward….that hope is the People’s Progres-

He noted that aside from the challenges facing Guyanese, the key issue of focus remains the preservation of democracy in Guyana.

A HISTORY OF FIGHTING FOR ALL GUYANESE PPP General Secretary, Bharrat Jagdeo, took the stage after Ali and said, “Babu Jaan has become a very important place for us…because it allows us an opportunity every year to chronicle the political developments in the country for the year and remind all of Guyana about the PPP and its significance in the history of Guyana…this is essential because of the people who seek to revise the political history of Guyana…if we do not remember our history, if we do not remember the achievements and what we stand for, we will not recognize the strong Party that we have, the Party that Cheddi

place when we were still under internal rule. “…in the dark days when democracy was trampled… half of our country had to flee Guyana because of discrimination and lack of opportunities, it was the PPP fighting for democracy in Guyana… it was a long struggle.”

That struggle led to significant progress from 1992 to 2015, according to him.

Jagdeo charged that this progress will continue when the PPP/C returns to office.

Looking at the current state of affairs, he said, “In four short years, all the gains we made – democratic gains, on the economic side, on the social side, in four short years they are being reversed at a rapid rate….the governing philosophy of the APNU+AFC Government is based on corruption, venality, extravagance and consumption….this is why it is vital that all Guyanese join with

everything they have done after December 21 (2018) is illegal…when the PPP gets back in office, all they did after December 21 will be reviewed…many of them will be in jail in the future.”

He quipped that personalities like Prime Minister, Moses Nagamootoo, and Khemraj Ramjattan, have labelled former AFC Parliamentarian, Charandass Persaud, as a Judas; when in fact, it is the same two personalities who made promises and then betrayed Guyanese. “We have a Government of Judases…. they made all kinds of promises and the failed…they failed the people of Guyana,” Jagdeo said.

He charged that the new promises of ‘being good boys’ will not mislead the Guyanese people. “When we win we will win by a massive margin,” Jagdeo stressed, “We offer a solid programme and a solid track record, a

track record of progress…. they are taking away from you and the PPP is promising to restore benefits to our people...when you compare us with what they are offering, they know we are vastly superior and they know that we are attractive….consistent with our ideology, consistent with what we stand for, we will work for all Guyanese.”

NO DELAY WILL BE ACCEPTED The PPP General Secretary stated that five persons – President David Granger; GECOM Chairman, James Patterson; and the three government-appointed GECOM Chairman, Vincent Alexander, Desmond Trotman and Charles Corbin – are currently holding up advances in Guyana.

He said, “Granger is hiding behind the four people – the GECOM Chairman and the three government GECOM Commissioners… we will not accept a delay in elections….we will not go back to Parliament to extend the life of the Government… after March 21, 2019, this government becomes illegal. “…the tragedy here is that they are trying to snatch your rights away…if a government cannot respect the Constitution how will they respect the rights of any Guyanese.”

Jagdeo noted that the APNU+AFC Coalition cannot be allowed to act with impunity. “They know there will be no violence on our part, so they will want to hang on to power…they cannot be allowed to act with impunity…the one remedy we have is consequences, they must know that they will face consequences in the future…everyone has a role…I want to assure you that our Party will work very hard to ensure that our Constitution is upheld…

Cheddi Jagan waged a long struggle to return freedom to Guyana…today we have to

struggle again for our freedoms….we can return our country to democracy, freedoms and progress,” he said.

HARD WORK CONTINUES Former Prime Minister, Samuel Hinds, in his address to those gathered, noted that in building on Dr. Jagan’s legacy the PPP/C “was good for Guyana” from 1992 to 2015 and will continue to work hard for all Guyanese.

He said, “Dr. Jagan’s commitment was to people and to nation….Dr. Jagan stood for responsibility and contribution.” Hinds added that there is space for all Guyanese in the PPP/C. “Working together our efforts and achievements will be redoubled… you can be assured that we in the PPP/C will do whatever we can to ensure the best for Guyana,” he said.

Also making comments was the General Secretary of the Women’s Progressive Organisation (WPO), Sheila Veersammy. “We will work to defend our democratic gains and we will work to defend our Constitution… every time we lift up someone who is downtrodden Cheddi Jagan is kept alive… this is the time for us to come together and work… where democracy prevails and the Constitution is respected we are assured of a prosperous future,” she stressed, noting that this way, the work of Dr. Jagan will never be an effort that was advanced in vain.

March 6, 2019 marked the 22nd death anniversary of Dr Jagan. Sunday’s (March 10, 2019) event at Babu Jaan, Port Mourant, Berbice, was an annual activity to remember the man hailed as the ‘Father of the Nation’. Dr Jagan died on March 6, 1997. The birth anniversary (March 22, 1918) of Dr Jagan is also remembered in the month of March.

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WEEKEND MIRROR 16-17 MARCH, 2019

Annual Cheddi Jagan cycle race ends in Berbice T

he Berbice, Region 6, leg of 22nd Annual Cheddi Jagan Memorial Cycle Road Race was held on Sunday (March 10, 2019) – starting from at Freedom

House in New Amsterdam, preceded to #55 Village, before turning around to end at Port Mourant.

Dominating the 55-mile event was Curtis Dey, who

won with a time of two hours 23 minutes 35 Seconds. Berbician, Romello Crawford, followed Dey. The other top six spots were filled by Christopher

Griffith, Michael Anthony, Andrew Hicks and Balram Narine.

The top junior was Ralph Seenarine who was followed by Kevin Ross and

David Hicks.

Alex Mendes took the spot in the veterans class, winning ahead of Junior Niles and Paul Choo-WeeNam.

The lone female competitor was Shenika Teixeira, while Steve Bhimsain received a special prize as one of the veteran competitors.

Mora Camp residents engaged by PPP Residents of the Mora Camp, Bartica, Region 7, had an opportunity to engage the People’s Progressive Party (PPP), after a visit on last weekend (Saturday, March 9, 2019 to Sunday, March 10, 2019) by a team led by PPP Executive Member, Gail Teixeira.

17

WEEKEND MIRROR 16-17 MARCH, 2019

Unchartered waters of a Constitutional Crisis are truly upon us

Dear Editor,

L

ate as it is, hopeless as it now seems, I will not let be dashed, my hope in our Guyanese people and the better future we could be creating.

The unchartered waters of a Constitutional Crisis are truly on us. Our Ministers are no longer claiming that they are meeting as a Cabinet: first, themselves calling their meeting a caucus then soon after a plenary speaks loudly about the unchartered waters we are already in: we are already in confusion. There are strong indications that Guyana would face various sanctions after March 21, 2019: those sanctions with which Guyana was threatened in 2014 must once again be avoided.

Our Leader of the Opposition is not the one steering our Guyana ship, he cannot avoid the Constitutional Crisis: he can only rail against it.

It is our President and Prime Minister, their advisers and supporters who can still steer us away from it. We must call on our President and Prime Minister to be valiant and valorous. Return themselves to their initial positions within the first 24 hrs. of the passage of the NCM. Prevail on our Prime Minister to return to his words then, “We want our supporters in particular … to understand that we are going back to the polls…. Guyanese must understand that the democratic process is sometimes unpredictable. You may have results that are not planned for….

But the outcome has to be accepted… It is like cricket in some sense, what happened here today, a game of glorious uncertainty.”

Prevail on our President to return to his statement issued the following morning, “We will do everything necessary to facilitate the smooth functioning of General and Regional Elections bearing in mind the need for normal governmental functions to continue uninterrupted.”

Our Leader of the Opposition approached the Honourable Minister of State, Joseph Harmon, for an early meeting, the Government having fallen, to work things out in some harmony. Those initial responses gave hope that the NCM needed not be a calamity, a disaster, but presented an opportunity for steps to a greater maturity in our politics; a perceived bad thing that might bring good results.

The reversed positions of our President and Prime Minister have not brought them any glory. The Speaker pushed did not budge, could not but and did reassert his ruling that the NCM stood; and our Chief Justice issued a judgment overwhelmingly judged sound. The Chief Justice’s NCM ruling seems to be slowly and grudgingly accepted by the Government. According to the Guyana Chronicle of Tuesday, March 12, 2019, the Honourable Minister of Finance, Winston Jordan had sought to assure the public that in keeping with the Chief Justice’s ruling, Cabinet has resigned but Government continues to function. Perhaps it had to be this way, to provide examples that in this sixth or seventh decade of ethno-political insecurities, there be amongst us persons who would persevere in walking the straight path and we may trust ourselves to expectations of fair play.

And when we think and note that the conflagrations that I feared would have followed after the passage of the NCM have not unfolded, we must wonder whether our people are not changing, and whether there are not possibilities for us politicians to develop new approaches.

In his book on “Innovation and Entrepreneurship” the Management guru, Peter Drucker, points out that the occurrence of unexpected things whether failures or successes must cause us to question our old assumptions: their period of validity is ending. Discern and come to terms with the change! Look for the new opportunities! Seize the opportunities! Innovate!

Mr. President, let us go forward, name the date, let the campaigns begin, everyone campaigning on the basis of the next realistic steps they can and will take were they privileged to win, to grow and develop Guyanese and Guyana, without fear or favour, affection or ill will.

Sincerely, Samuel A.A. Hinds Former President and Former Prime Minister

FACT SHEET

WHAT YOU NEED TO KNOW

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

So what are the facts? » Chief Elections Officer (CEO) of the Guyana Elections Commission, Keith Lowenfield, on February 5, 2019, declared that the List of Electors was, in fact, clean. » GECOM, less than four months ago, conducted a Local Government Elections on November 12, 2018 with the current List of Electors. None of the political parties, or independent groups and candidates, objected to the List that was used. There were no challenges based on the List of Voters that was used either. » The claim that first time voters being disenfranchised is another fallacy. The Coalition Government argues that persons who turned 18-years-old are not on the Voters’ List. The fact is that the Voters’ List has been updated during several cycles of Continuous Registration that were conducted by GECOM. So there is little chance of young persons, who are eligible to vote, being left off the Voters’ List. » The current Voters’ List was derived from a ‘Continuous Registration, Claims and Objections’ process, which ended October 2018. After such a process the List becomes valid for six months. The current List will expire on April 30, 2019. » Once a cycle of Continuous Registration has commenced anyone who will be 14-years-old or older by that time and is a Guyanese citizen by birth, descent, naturalization, or is a citizen from a Commonwealth country living in Guyana for one year or more, is eligible for registration during this exercise. During this registration exercise, persons who are eligible for registration are required to visit one of GECOM’s 28 Registration Offices across the 10 Regions, to apply for registration. » Not allowing someone who attained the age of 14 at the time that the cycle of Continuous Registration commenced to register is an offence. Section 6 of the National Registration Act, Chapter, 19:08, makes it obligatory for persons who meet the registration criteria to apply for registration. Persons eligible for registration could be prosecuted, fined and/or even sent to prison for failing or refusing to apply for registration. In the case of eligible persons under the age of 18 years by the qualifying date, the parents/guardians could be prosecuted for failure/refusal to apply for registration. » Article 42 of the Constitution provides entitlement for citizens of Guyana to be so registered. » GECOM’s website states: “Subsequent to the 2001 General and Regional Elections, political parties had agitated for legislative changes which would ensure that a new system of voter registration guarantees Guyanese in general, but more specifically their own supporters, their Constitutional right to be registered and vote at future General, Regional and Local Government Elections. This led to the introduction of Continuous Registration with two primary objectives i.e. (1) introducing a system which would ensure that all eligible persons are afforded unlimited opportunities to become registered on the National Register of Registrants Database and (2), ensuring that GECOM is in a perpetual state of preparedness which would enable it to respond to calls for elections in a timely manner thus guaranteeing eligible persons their Constitutional right to become registered in accordance with the relevant legal provisions and to cast their ballots at future General, Regional and Local Government Elections.” » GECOM is a creature of the Constitution. As an autonomous agency its responsibility is to comply with the Constitution – in this case that means readying itself for General and Regional Elections, which are due by March 21, 2019, following the successful passage of the no-confidence motion that resulted in the fall of the APNU+AFC Coalition Government. » Article 162 (1) of the Constitution states clearly that: “The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament; and, subject to the provisions (of ) this Constitution, the Commission – a) shall exercise general direction and supervision over the registration of electors and the administrative conduct of all elections of members of the National Assembly; and b) shall issue such instructions and take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of this Constitution or of any Act of Parliament on the part of persons exercising powers or performing duties connected with or relating to the matters aforesaid.”

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

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WEEKEND MIRROR 16-17 MARCH, 2019

GECOM Secretariat fails to recognize that there is a constitutional requirement for Elections to be held – Shaddick

T

he Guyana Elections Commission (GECOM) Secretariat is pushing ahead with moves to recruit Enumerators and Assistant Registration Officers for Houseto-House Registration, despite the fact that there has been no approval for from the Commission (the Chairman and the six GECOM Commissioners) for Houseto-House Registration to be done.

Postings on GECOM’s social media pages, as well as on its website, this week advertised working hours for the persons they intend to recruit as Enumerators and Assistant Registration Officers.

Last week advertisements of vacancies for Enumerators and Assistant Registration Officers to conduct House-to-House Registration were posted by the GECOM Secretariat and this led to a backlash from the Opposition-nominated GECOM Commissioners. This week, GECOM vamped up its advertisements of vacancies for Enumerators and Assistant Registration Officers widespread SMS broadcasts.

In an invited comment, Opposition-nominated GECOM Commissioner, Bibi Shaddick, made clear that the Secretariat is clearly acting on its own and with the “blessing” of the

APNU+AFC Coalition Government. She said, “There is no agreement from the Commission. The Secretariat is doing this on their own…I assume they are doing this with the blessing of the Administration.”

Shaddick explained that the Chief Elections Officer (CEO) has a duty to carry out and to date all the actions of the GECOM Secretariat, which he heads, give no recognition that there is a constitutional requirement for General and Regional Elections to be held. “Up to now we have not seen any plan that will take us to General and Regional Elections in the constitutionally mandated period,” he said.

General and Regional Elections are constitutionally mandated to be held by March 21, 2019, following the passage of the no-confidence motion advanced by the People’s Progressive Party/ Civic (PPP/C), which resulted in the fall of the APNU+AFC Coalition Government on December 21, 2018.

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

Report on ERC probe of GECOM’s hiring practices not sent to Commissioners A nother month has passed and the Ethnic Relations Commission (ERC), tasked with probing the hiring practices of the Guyana Elections Commission (GECOM), is yet to release its findings.

Chairman of the ERC, Reverend John Smith, this week, disclosed that the probe is complete but the findings cannot be shared at the present time. According to him, the next move for the ERC is to meet with the complainants.

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

The team is headed by Retired Justice, Stanley Moore and includes Human Resources Consultant, Jairam Petam

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

COMPLAINT The three PPP-nominated Commissioners, in a joint complaint letter, called for a full investigation on the hiring practices at GECOM. The Commissioners charge that the state of affairs is “clearly indicative of a larger issue at the Guyana Elections Commission, which has an adverse effect on ethnic relations and harmony in Guyana.” The three Commissioners called for the inquiry to be done, at the earliest opportunity, and for the ERC’s report be made public.

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

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

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

his casting vote, the way has been paved for the second-ranked candidate, Roxanne Meyers, to be offered the post of DCEO. Myers has no election management experience.

She has been linked to PNRC-nominated Commissioner, Vincent Alexander, since at one point she was a student of his. She has also exposed herself as an avid supporter of the APNU+AFC Coalition government, given her social media posts. As such, critics have said that Myers’ ability to function in an impartial manner is in question.

Notably, Persaud was not only the top-ranked candidate for the post of DCEO, but he served as DCEO for several years too.

He was appointed as DCEO at GECOM on August 12, 2014. In 2014, when Persaud

was appointed, PNCR-nominated Commissioner, Vincent Alexander, made no objection, when there was a vote on whether or not he should be appointed to the post. Persaud was forced to re-apply for the job he held because his contract ended and could not be renewed, given that there was no functioning Commission. The Commission had dissolved after the resignation of former GECOM Chairman, Dr Steve Surujbally. Before being appointed as DCEO in 2014, Persaud was at GECOM since 2001.

UNSATISFACTORY GECOM Commissioner, Bibi Shaddick, commenting on the work of the ERC noted that she was unaware that the probe was completed.

She complained that she was not satisfied with the lengthy

time it took the Commission to complete the investigation, adding that the ERC should have been able to act in a more timely manner.

Shaddick said, “These people took their own time.

I don’t know that anything should’ve taken so long but apparently that’s the pace…. the report, I think, should have been sent to us but it wasn’t. I don’t know who they sent it to but we are the ones who made the complaint and I would imagine it should have been sent to us.”

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

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

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WEEKEND MIRROR 16-17 MARCH, 2019

Opposition-nominated GECOM Commissioners detail plan to allow April 29 Elections ‒ Granger rejects it T

he Guyana Elections Commission (GECOM) has indicated that it needs a date for General and Regional Elections before it can start preparing for General Elections; while President David Granger has said that his setting a date for Elections depends on the readiness of GECOM. Readiness of GECOM was, however, not discussed during last Friday’s (March 8, 2019) meeting between Granger, the GECOM Chairman and the GECOM Commissioners. In the meantime, National House to House Registration is being advanced with the cooperation of the Government-nominated GECOM, the GECOM Chairman and Chief Elections Officer. The People’s Progressive Party/ Civic (PPP/C) and the Opposition-nominated GECOM Commissioners have objected to this, nothing that such an activity will delay constitutionally mandated General and Regional Elections, following the passage of the no-confidence motion on December 21. 2018.

Given that GECOM has a responsibility to act in accordance with the Constitution, the Opposition-nominated GECOM Commissioners – Bibi Shaddick, Robeson Benn and Sase Gunraj – proposed a detailed work plan to allow for General and Regional Elections to take place on April 29, 2019. This was

rejected by Granger.

Notably, Opposition Leader Bharrat Jagdeo, has said that with the deadline being March 21, 2019 – after which the Granger-led government will be unconstitutional – the PPP/C would support a vote in the National Assembly to extend the life of the Government once General and Regional Elections are called on or before April 30, 2019.

It is in line with this, that the Opposition-nominated GECOM Commissioners proposed a work plan for April 29, 2019 General and Regional Elections.

Opposition-nominated GECOM Commissioner, Bibi Shaddick, explained that the work plan allows enough time for all the activities needed to ensure GECOM’s

readiness to be completed.

The Plan contemplates a 50-day timeframe: 1. Nomination Day to Elections Day – 40 days – with Nomination Day being March 26, 2019 2. Election Day April 29, 2019 - This is based on a timeline of 35 days provided to Commissioners on January 23, 2019, by the Chief Elections Officer who indicated that his 35 days did not cater for a few extra days for any risks. This timeline includes the printing of ballot papers.

3. Events preliminary to Nomination Day – 10 days (March 12, 2019 to March 25, 2019 excluding Sundays and holidays). These events include sending invitations to interested parties to submit lists.

According to the plan, all

the other activities hereunder listed can be done CONCURRENTLY during the same 50 days.

These activities include: 1. Training, testing and selection of Election Day staff - 42 days. During 2018, in preparation for the LGE of November 12, 2018, a total of 10,500 persons were trained of which just over 7,500 were employed. Training manuals have been corrected and printed. Training aids are currently being acquired. There is need for approximately 12,000 staff to work in 2356 polling stations countrywide.

Hence there is need to train about 3,000 new persons and re-train where necessary, any of the 10,500 persons previously trained. The excess is included to account for attrition over the short period.

2. Advertise and invite persons for training and retraining where necessary – 11 days 3. Hold daily training programmes in an intensive training exercise all over the country, to train and retrain all the staff needed – 21 days.

If as is claimed that mostly teachers apply to work, then those who are to be trained can and should be given the necessary time-off to attend the training exercises which is 2 days or 3 days at most for any group of trainees.

4. Evaluate, select and appoint polling day staff – 10 days. This exercise is the primary responsibility of the Human Resources department.

5. Procurement of sensitive and non-sensitive materials – 42 days. All the necessary

waivers can and should be given to allow GECOM to sole source materials, especially from outside Guyana, in order to avoid unnecessary delays. The Chief Elections Officer has or should have a list of all materials needed, what is already on hand, what can be sourced locally and what needs to be sourced internationally.

The technology exists within GECOM, to electronically source any and all materials needed and payments can be wired wherever needed in a matter of days. This exercise is the responsibility of the accounts department with input from the chief elections officer.

6. Civic and Voter education – March 11, 2019 to April 29, 2019. This very important component of any election process is an ongoing one which can be very competently coordinated and executed by the GECOM’S Public Relations Officer and that department. Infomercials and other material have been procured for the Local Government Elections, last November, and will need only some changes for the General and Regional Elections.

Despite the effort by the Opposition to work out an option that will see Guyana averting a constitutional crisis, there has been no positive moves on the part of the Granger-led APNU+AFC Coalition Government.

GECOM Chairman, Government-nominated Commissioners face criminal charges for constitutional violations C

hairman of the Guyana Elections Commission (GECOM), Retired Justice James Patterson and the three Government-nominated GECOM Commissioners – Vincent Alexander, Charles Corbin and Desmond Trotman – were criminally charged for violating the Constitution of Guyana – given the failure to hold General and Regional Elections, as constitutionally mandated, following the passage of the no-confidence motion.

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

Charles Corbin

Desmond Trotman

James Patterson

Vincent Alexander

Such an act of Parliament, includes a no-confidence motion, which was passed in the National Assembly on December 21, 2018 – making March 21, 2019 the deadline within which elections should have been held.

Article 106 (6) of the Constitution states: “The Cabinet including the President shall

resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.”

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

as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”

The validity of the no-confidence motion was upheld by

the Legislature, as indicated in Resolution 101. It was also upheld by the Chief Justice (ag) on January 31, 2019 – a decision for which no stay has been granted by the Appeal Court, where the APNU+AFC Coalition Government is, currently, with its challenge to the vote on the no-confidence motion.

The criminal complaint for charges to be instituted was filed by private citizen, Marcel Gaskin, brother of current APNU+AFC Coalition Government Minister, Dominic Gaskin. Dominic Gaskin is also the son-in-law of President David Granger. Attorney-at-Law, Sanjeev Datadin, is representing Marcel Gaskin.

The case against the four men were filed on Tuesday (March 12, 2019).

The complaint alleges that during the period December 22, 2018 to March 9, 2019 the defendants conspired to breach Article 106 of the Constitution of Guyana, which provided for the holding of General Elections in Guyana within three months from the 21st December 2018.

The complaint which was filed before Chief Magistrate Ann McLennan.

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WEEKEND MIRROR 16-17 MARCH, 2019

House-to-House Registration could push General and Regional Elections to February 2020 ‒ President’s meeting with GECOM did not address readiness for elections

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he meeting between President David Granger, the Guyana Elections Commission (GECOM) Chairman and the six GECOM Commissioners, degenerated into one of the usual statutory meetings of the Commission, where no urgency is ever given to the holding of General and Regional Elections as is constitutionally mandated.

This is according to the Opposition-nominated GECOM Commissioner – Bibi Shaddick, Robeson Benn and Sase Gunraj – who added that the focus

of last Friday’s (March 8, 2019) meeting was placed on a house-to- house registration exercise.

The Parliamentary Opposition has already said that there is no support for a move to National House-toHouse Registration. However, GECOM is pushing ahead with its plan, which could delay constitutionally mandated General and Regional Elections to February 2020.

BELOW IS THE FULL STATEMENT FROM THE OPPOSI-

TION-NOMINATED GECOM COMMISSIONERS: On Friday, March 8, 2019, the Opposition nominated Commissioners, Attorneys-at –law, Ms. Bibi Shadick and Mr. Sase Gunraj and Mr. Robeson Benn, responded to an invitation from President David Granger to meet with the members of the Guyana Elections Commission (GECOM) to initiate consultation on the readiness of GECOM to conduct General and Regional Elections in 2019’.

At the meeting, the President was accompanied by a large delegation of Ministers, including Prime Minister, Moses Nagamootoo; Minister of State, Joseph Harmon; Minister of Public Security, Khemraj Ramjattan; Minister of Natural Resources, Raphael Trotman; Minister of Indigenous People’s Affairs, Sydney Allicock; Minister of Social Protection, Amna Ally and Attorney- General, Basil Williams.

This was surprising in light of the fact that none of these persons has any

statutory or other function related to the conduct of elections.

The meeting degenerated into one of the usual statutory meetings of the Commission, where no urgency is ever given to the holding of elections as is constitutionally mandated, but instead, focus was placed on a house-to- house registration exercise.

The Opposition nominated Commissioners attempted to submit a written proposal which contemplates the holding of elections in the shortest possible time, that is, before the expiration of the current Official

List of Electors on April 30, 2019. This submission was not allowed.

Instead, the Government nominated Commissioners insisted that house-to- house registration was necessary before the conduct of elections. It is appropriate to note that any house-to-house exercise will take in excess of nine (9)months and that Government nominated Commissioner, Vincent Alexander himself stated at the meeting, that with house-tohouse registration elections could be held in February (2020).

To our surprise, the President then asked each of the Ministers present to share their views. Almost all of them spoke of the need for house-to-house registration.

Instead of the expected consultation with GECOM to determine its readiness, the engagement manifested into an obvious attempt to pressure the Opposition nominated Commissioners and GECOM into adopting the position being advocated by the Government and the APNU, AFC regarding House-to-House Registration.

Opposition nominated Commissioners: Bibi Shadick Robeson Benn Sase Gunraj

General and Regional Elections still off GECOM’s agenda, Opposition-nominated GECOM Commissioners walk out of meeting

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nother statutory meeting of the Guyana Elections Commission (GECOM), which includes the GECOM Chairman and the six GECOM Commissioners, ended unproductively, as readiness for General and Regional Elections remains off the Commission’s meeting agenda.

Opposition-nominated GECOM Commissioners – Bibi Shaddick, Robeson Benn and Sase Gunraj – walked out after being unable to raise the issue of election readiness at Tuesday’s

(March 12, 2019) meeting.

Gunraj said, “These people refuse to speak about elections…the necessity to hold elections obviously trumps the need for houseto-house registration and we are not being pushed in the direction that house-to-house registration has to be held before the holding of national elections as is mandated by law.

“No discussions, no discussions, are being put forward at this Commission in relation to the holding of elections. All that is being

spoken about is the conduct of some house-to-house registration and the Commission seems hell bent on pushing forward on that agenda. “…there is absolutely no discussion on that and as a consequence we are forced to take this step again because we will not be held hostage to sit in these meetings and discuss anything that does not cater for the holding of elections as is contemplated by the Commission and instead to discuss something that is determined by policy that is now being trumped to the

holding of elections.”

Commissioner Benn, in comments, said, “I requested that GECOM cease and desist from undertakings relating to house-to-house registration and to take account of the constitutional imperatives based on the no-confidence motion passed in the National Assembly on December 21, 2018.

“There were responses, or the main response from the other side, which only suggests that there is…a malignant spirit, and in GECOM, in certain places, which do

not want us to follow the dictates of our Constitution.

We could not sit there and allow the overriding purpose and intent of the Constitution [to] be completely ignored at GECOM. That is why we agreed to the position, we could not sit there at GECOM, which is subordinate to the Constitution that it will ignore or be made to ignore or force to ignore the dictates of Guyana’s Constitution. “…here it is that the person (GECOM Chairman, James Patterson), who has

been appointed out of an interest in his legal background, for whatever worth it is, is avoiding the interrogation and the following of the Constitution in a simple constitutional matter and duty of a constitutional agency.

So there is no way we can sit down and be a party to that so we left.”

Since the December 21, 2018 vote on the no-confidence motion, there has been no effort on the part of GECOM to ready itself for General and Regional Elections.

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WEEKEND MIRROR 16-17 MARCH, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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WEEKEND MIRROR 16-17 MARCH, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WEEKEND MIRROR 16-17 MARCH, 2019

SOCU Head in hot water over improper spending H

ead of the Special Organised Crime Unit, (SOCU) Sydney James, was subjected to questioning over allegations of improper spending.

Public Security Minister Khemraj Ramjattan confirmed that an investigation is ongoing into the matter. He admitted that there were allegations of monies not being spent properly. According to him, it is now within the jurisdiction of the investigators to understand the spending procedures at SOCU. “There are some allegations being made that monies were not spent properly…and of

course, you listen to what the auditors of the Police Force has to say on that score and proceed apace with that. The investigators have asked a number of questions of Mr Sydney James and they’re in the process of understanding better, the system that is in place in relation to spending,” Ramjattan said when pressed on the issue.

The Parliamentary Opposition has maintained that SOCU, which was set up to fight money laundering and other white-collar crimes, has become a political unit under the APNU/AFC regime.

GuySuCo left in the dark on $30B bond-management

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onths after the move

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

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

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

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

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

the coupon and repayment of the principal for the bond facility,” the document said on page 14.

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

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

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

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

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

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

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WEEKEND MIRROR 16-17 MARCH, 2019

City Hall in Focus Failure of the City Council to manage the City effectively is rooted in the incompetence

By Bishram Kuppen

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his week, the Mirror, brings you the first in a series of columns covering issues in the Georgetown City Council to keep our citizens informed.

The People’s Progressive Party/Civic (PPP/C) won seven seats on the Georgetown City Council during the Local Government Elections held in November 2018. This is an increase from the two seats which we won in 2016 and it is a representation of the growing recognition of the works done by our Councilors and our Party in the interest of the residents of Georgetown. We want to express our sincere thanks to the citizens of Georgetown for their support for our Councilors.

The newly elected Council took office on January 2019 and were immediately faced with the reality of the financial crisis and dysfunctional state of the operations at City Hall.

To effectively manage the City, Councilors are formed into committees to deal with the various areas of responsibility of the City

Council. There are a number of important committees such as Finance, Works, Solid Waste, Legal Affairs & Security, Markets & Public Health, Tender & Procurement and Social Development, in addition to others.

The first few months of 2019 served as a familiarization period for the new Councilors but they quickly became aware of the magnitude of the problems facing the Council as a result of gross mismanagement, corruption, lack of accountability and transparency.

At the last Statutory meeting of the Council on Monday (March 11, 2019), Councilors spent approximately seven (7) uninterrupted hours at that meeting discussing a number of issues based on the reports submitted by the various committees of the Council but there were no game-changing solutions.

The failure of the City Council to manage the City effectively is rooted in the incompetence of the officers and the gross mismanagement of resources which have become the acceptable mode of operation.

The entire city is aware of the allegations of corruption which have been leveled at the Council for decades but no serious actions have ever been taken to rectify the situation.

Even though there was a recent Commission of Inquiry into he operations at City Hall, all of the recommendations have not been implemented.

And it is the citizens of Georgetown who continue to suffer because they are still experiencing massive drainage and garbage problems, slothful approval of plans and permits, rampant petty and other crimes in the City, chaos in the streets and bus parks, disgraceful condition of the City abattoir, City Hall building, the markets (Bourda, Stabroek, Albouyston, LaPenitence) and many other issues.

Of course, we must highlight the continuous financial mess that City Council finds itself in. Any shortcomings in the performance

of officers are usually blamed on the lack of financial resources. While they constantly remind citizens that they do not collect enough money to manage the City, they continue to spend taxpayers’ monies in irresponsible ways and have not made any serious efforts to cut costs.

In addition, the Georgetown City Council maintains a massive staff of over 800 workers who are highly paid with attractive benefits while the employment cost and overhead amounts to a staggering one hundred and twenty million dollars every month.

The People’s Progressive Party/Civic Councilors have been advocating for the efficient management of the Council for the benefit of our residents. We have also been exposing corruption and mismanagement for years with the hope that the majority APNU+AFC in the Council would want to quickly work to remedy the situation by taking meaningful corrective actions.

It seems that the Town Clerks office and the APNU Councilors have viewed our contributions from a purely political perspective and have consequently adapted a defensive posture instead of viewing such exposures as an opportunity to correct many of the problems at City Hall.

The Commission of Inquiry which was conducted last year into the operations at City Hall made many recommendations for corrective actions to be taken but only the Town Clerk, Royston King was fired, who incidentally, is currently challenging his termination in the Courts.

As many citizens know, I have been calling for a comprehensive forensic audit of the City Council since April of 2016. I have repeated that call on many occasions because I view such an investigative initiative as an important first-step to get to the root of the problems at City Hall.

We were informed at the Statutory meet-

ing on March 10, 2019 that a forensic audit of the Council will begin this month at the Council by the Auditor General. This is welcome news if the forensic audit will be a comprehensive undertaking which is conducted by an experienced independent forensic auditor.

But to solve the problems at City Hall, much more will have to be done. Depending on the extent of the terms of reference for the forensic auditors, it is absolutely necessary that a manpower audit be conducted to determine the qualifications, performance and relevance of each employee on the Council’s payroll.

In addition, many of the systems currently used to manage the council are outdated and lack robust measures for accountability, transparency and to promote good management.

Further, a detailed assessment will have to be conducted on the financial operations of the Council with a view of improving revenue streams (which is not burdensome to citizens) and zero-based budgeting approach for expenditures.

The People’s Progressive Party/Civic Councilors are calling for a comprehensive approach when looking at ways to solve the problems at City Hall. And there must be citizens’ participation in any discussions which are likely to affect them in any way.

Also, it is evident that a new approach is needed in light of the fact that City Hall has been controlled for over fifty years by one group which has utterly failed to manage the City in an effective manner which is evidenced by the lack of services, the crumbling infrastructure and the financial insolvency of the City Council.

An acceptance of this glaring reality is absolutely necessary in order for bold and transformative actions to be taken and finally bring relief to the plight of our residents, vendors and businesses.

Gov’t trying to find ‘devices, mechanisms and... no confidence motion and have Government comply with constitutional provisions to demit office and call elections no later than March of this year.

In this case, the Acting Chief Justice upheld the validity of the vote on the no-confidence motions. As it relates to Cabinet having to resign, she said: “I therefore find that Cabinet is not required to resign with all convenient speed, as the resignation under Article 106(6), in my view, takes immediate effect following the defect of the Government in a vote of confidence by a majority of all elected members of the National Assembly. In

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

by Cabinet must have ceased from that time.”

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

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

He is appealing the rul-

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

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

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

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

Reid through his Attorneys, Rex Mc Kay, S.C

(From page 9)

Neil Boston S.C and Robert Corbin, expressed his dissatisfaction with the ruling of Chief Justice in relation to the case.

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

In his appeal, Reid is

arguing that no Election’s Petition was needed in his challenge to Persaud’s vote. He is claiming too that the CJ erred in her consistency by failing to grant orders sought in the application when she had earlier granted declarations by the applicant for constitutional relief. “The judge misdirected herself by failing to consider false declaration made by Persaud in statutory declaration as a candidate on the list of the ruling coalition party,” Reid argues.

Hearings in all four matters are set to continue in the Appeal Court in the coming weeks.

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WEEKEND MIRROR 16-17 MARCH, 2019

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

Ministry of the Presidency misleading Guyanese on comments made by PPP General Secretary T

he People’s Progressive Party (PPP) rejects the Ministry of the Presidency’s misleading characterization of comments made by the PPP General Secretary, Bharrat Jagdeo, at Babu Jaan, Port Mourant on March 10, 2019, as “inflammatory”.

The PPP General Secretary was clear in his call for peaceful protests by Party members and supporters after March 21, 2019 – the constitutionally mandated deadline for General and Regional Elections, following the passage of the no-confidence motion. The PPP General Secretary was clear in his message – after March 21, 2019, the APNU+AFC Coalition Government becomes illegal, illegitimate and unconstitutional.

Mr. Jagdeo said clearly: “We are not accepting a delay in the election. Let me make it clear, if you go for House-

to House registration until 2020, the People’s Progressive Party will not go back to the Parliament to extend the life of this government; and they need us to extend the life of the government or else the government becomes illegal, unconstitutional…here in Berbice and right across Guyana, when the ministers or (President David) Granger or (Prime Minister Moses) Nagamootoo come here after the 21st of March, you say to them, walk behind them, chase them out. They are going to be illegal. Say to them, ‘You are illegal! Free up the country! You are undemocratic!’”

The Guyanese people have a right to peacefully protest. That Guyana is on the precipice of a constitutional crisis makes it necessary for Guyanese to be able to send a clear message to the current Administration,

including at times when APNU+AFC Coalition officials visit communities in Guyana, wastefully expending taxpayers’ monies. Our people have to a right to be clear on their views about the ‘group of interlopers’ sitting in Government offices and refusing to respect and abide by the Constitution they swore to uphold.

The APNU+AFC Coalition Government is clearly running scared of the consequences that will follow after March 21, 2019. It has also, already, demonstrated it fear of the Guyanese electorate by advancing tactics to delay constitutionally mandated General and Regional Elections.

We reiterate that the people of Guyana must chase the illegal President, Prime Minister and Minister out of their communities and out of office after March 21, 2019.

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.

PPP Executive Secretary calls on ERC to investigate gov’t for constitutional breaches, national disruptions Dr. John Oswald Smith Chairman Ethnic Relations Commission.

March 11, 2019 RE: CALL FOR INVESTIGATION OF APNU+AFC COALITION FOR BREACH OF CONSTITUTION, NATIONAL DISRUPTIONS Dear Sir, I write to request an investigation by the Ethnic Relations Commission (ERC) of the APNU+AFC Coalition Government for several breaches, which could have grave consequences for our county, Guyanese people and national harmony.

Article 212 D of the Constitution of Guyana states the functions of the Ethnic Relations Commission include taking steps to “…monitor and review all legislation and all administrative acts or omissions relating to or having implications for ethnic relations...”

In line with the Commission’s mandate, I request that the Commission investigate the Coalition Government’s breach of Article 106 of the Constitution of Guyana, which would result in an illegal government after March 21, 2019 (the deadline for General for Regional Elections). This coupled with Coalition Government officials’ actions, which polarize our people via the circulation of racially inciteful material on social media and via other platforms, will lead to an intensification of uncertainty and ethnic disharmony.

I request that this matter be treated expeditiously by the Commission and appropriate sanctions implemented to avert the perils of this dangerous path that the Coalition Government seems bent on leading Guyana down.

Sincerely,

_________________________ Zulfikar Mustapha, Executive Secretary of the People’s Progressive Party (PPP), PPP/C Member of Parliament.

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WEEKEND MIRROR 16-17 MARCH, 2019

Appeal Court called on to reject Coalition’s application for extended time in office

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n the Appeal Court arguments on the validity of the No-confidence Motion, Attorney Anil Nandlall, on Tuesday (March 12, 2019)

called on the Court to ignore applications made to extend the life of the coalition Government.

Nandlall, who is repre-

senting Opposition Leader Bharrat Jagdeo in the matter, in his submissions to the court stated that if the honourable judges grant the

extension being sought by the Government then they will be directly interfering in the work of the National Assembly, a separate branch of Government, and the political landscape of the country.

He said, “If your honours are to accede to such a request, your honours would be falling into conflict with the separation of powers doctrine,” he said in while outlining that the framers of the Guyana Constitution clearly resided that power of extension beyond that three months, by not putting it in the Judiciary.

“And that your honour is not coincidental… is not an omission but it placed it in the National Assembly.

They put it in the Legislature

because it is a political issue and the court must not be dragged into solving political matters that politicians can’t solve. And that’s part of the problem in this case.”

During his arguments, the former Attorney General told the court that Cabinet and Government are two distinct groups. And in the case where a no-confidence motion is passed successfully, the President and the Ministers must remain in office until elections are held and a new President is sworn in. However, the Cabinet and the President must resign immediately after a no-confidence motion is passed.

Nandlall submitted that the Constitution makes provision for the eventuality that

the three months is passed based on a no-confidence vote – which is that the Government’s time is office is approved by a two-thirds vote in the National Assembly.

General and Regional Elections are constitutionally mandated to be held by March 21, 2019, following the passage of the no-confidence motion advanced by the People’s Progressive Party/ Civic (PPP/C), which resulted in the fall of the APNU+AFC Coalition Government on December 21, 2018.

After March 21, 2019, the Parliamentary Opposition contends that the Coalition Government will be unconstitutional, illegal and illegitimate.

‘We are ready’ – Jagdeo Growing crisis endangers Guyana’s P democracy – Civil Society Forum reparations are already underway in the camp of the People’s Progressive Party (PPP), ahead of early General and Regional Elections, which were made mandatory after the Article 106 of the Constitution was triggered, following the passage of the no-confidence motion.

At Babu Jaan, Port Mourant, Berbice, on Sunday (March 10, 2019) PPP General Secretary, Bharrat Jagdeo, disclosed work continues on the Party’s List of Candidates.

The PPP General Secretary has already made it clear

that the Party will not accept the non-holding of constitutionally mandated General and Regional Elections. He added that after March 21, 2019 – the deadline after the December 21, 2018 vote on the no-confidence motion, the David Granger-led APNU+AFC Coalition Government will be illegal, illegitimate and unconstitutional.

Recently, Jagdeo had also disclosed that the Party’s manifesto committee is already in place working on a plan that will be taken to the Guyanese people. “We can already see the shape of what

we want to do…a lot of the promises we have made have already been expounded on… we are looking at jobs, reversing the hardships imposed by the APNU+AFC government, getting the economy going again and involving youths,” he said. According to him, the Party is also welcoming input from civil society and other interested stakeholders in the compilation of the PPP/C manifesto. “We are going on a platform on inclusion…everyone in Guyana must benefit in the future,” Jagdeo said, promising accountability to the Guyanese people.

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he Civil Society Forum, on Monday (March 11, 2019), contends that the responsibility to “honour the Constitution and uphold the law” must be recognized, and, the urgency to ensure that a solution to the “growing crisis which endangers our democracy” must be addressed.

The Forum in a statement said, “Having taken into consideration the events that have unfolded since the

Charter of the Commonwealth ‘binds member...

(Resolution 101) of the National Assembly and the High Court ruling, the President has failed to name a date. Herein lies the problem – GECOM will not begin to ready itself without a date from the President and the President refuses to name a date without GECOM being ready.” “…the Civil Society Forum, the Private Sector Commission, the Anglican and Roman Catholic Churches, a number of NGOs (non-governmental organizations), the Guyana Bar Association have all been calling, in different way, for the Constitution to be upheld.

Today (March 1, 2019), the Civil Society Forum made a public statement stating that: ‘Giving GECOM effective power to determine when elections will be held is a position for which no Constitutional support exists’. It goes on to say that:

‘Deferring the exercise of Presidential responsibility to set the date for elections to such time as GECOM determines its own readiness is unacceptable. The constitutions mandates GECOM to be ready within 90 days and there is no provision that allows the President to amend that provision as a pretext for not announcing a date for national elections’.”

EFFORTS REBUFFED She charged that, despite the calls from civil society and the PPP/C, there has been no movement by President David Granger’s administration.

She said, “The Leader of the Opposition’s efforts to avert the constitutional crisis have been rebuffed by President Granger. We proposed a doable and feasible proposition to hold Elections on or before the expiration of the Voters’ List on April 30,

2019; and further guaranteed that if the President agreed to this proposal, the Parliamentary Opposition would lend its support for the two-thirds majority needed to extend the March 21, 2019 deadline – the time when Elections are required to be held. The President ignored this proposal. The Parliamentary Opposition has made it clear that were the President to move to a National Houseto-House Registration, we will not lend our support.”

With days left until the March 21, 2019 deadline, the PPP Executive noted that Granger is no closer to acting than he was when the no-confidence motion was passed on December 21, 2018. She said, “We are fast approaching March 21, 2019…clearly Elections will not be held in keeping with the Constitution. At midnight on March 21, 2019, there will be no opportunity

to name a date and have the two-thirds majority required in the National Assembly for an extension. Articles 106 (6) and 106 (7) would have been violated. There is no constitutional remedy available to our nation that we know of. This government will therefore be unconstitutional, illegal and illegitimate after March 21, 2019.

The President will have no constitutional coverage and no mandate of the people to govern and remain in office.”

Teixeira stressed that the Charter of the Commonwealth “binds member countries” to uphold the democratic principles and values enshrined in the Charter.

“One section of the Charter that is pertinent reads: ‘We recognize the inalienable right of individuals to participate in democratic processes, in particular, in free and fair elections, in shaping the society in which they wish to

passing of the No Confidence Motion on December 21, 2018 in our National Assembly and, especially, having taken into account the ruling of the Chief Justice on the validity of the No Confidence Motion, expresses its concern that our country is approaching a constitutional crisis.

“The Constitution, and the court rulings to date, require the President to name a date for elections within 90 days of December 21, 2018

(i.e. by March 21). His not naming that date thus far has increased the probability that the government will be accused of being illegal after March 21. “…the Forum stands ready to meet with the President, having already met with the Leader of the Opposition.”

It is unclear is a date for a meeting between the President and the Forum has been agreed on.

(From back page) live. Governments, political parties and civil society are responsible for upholding and promoting democratic culture and practices and are accountable to the public in this regard’,” she said.

She added, “On this Commonwealth Day, we strongly appeal to the members of the Commonwealth Day, in particular those represented here, to urge President Granger to comply the Constitution and avoid a constitutional crisis. And thereby, by doing that, continue to uphold the Charter of the Commonwealth.”

EXHIBITION In addition to the formal part of the Umana Yana event, schools across Guyana were tasked with showcasing the diverse cultures of other countries with colourful displays. The exhibit featured projects depicting the culture, cuisine and

national symbols of other Commonwealth nations and the ways resources are used to produce unique creations.

Each school was tasked with presenting on one of the 53 Commonwealth countries.

Since 1977, Commonwealth day has been celebrated annually on the second Monday in March.

Commonwealth Day has a special significance this year, since it is the 70th anniversary of the London Declaration, when nations of the Commonwealth agreed to move forward together as free and equal members.

Like Guyana, the other Commonwealth countries in Africa, Asia, the Caribbean and Americas, the Pacific and Europe, marked the day with a range of activities, such as faith and civic gatherings, school assemblies, flag raising ceremonies, street parties and cultural events.

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WEEKEND MIRROR 16-17 9-10 MARCH, MARCH,2019 2019

Police, CANU destroy drugs

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he Guyana Police Force (GPF) and the Customs Anti-Narcotics Unit (CANU) Saturday morning, (March 9, 2019) destroyed excess narcotics that were being kept in storage.

The exercise was done at Yarrowkabra on the Linden/ Soesdyke Highway.

The Police Force destroyed 133 kilograms of cannabis, carrying a local street value of $57.4 million, and 74 kilograms of cocaine,

value $67.4 million.

Meanwhile, CANU destroyed 30.7 kilograms of cocaine valued $29.1 million as well as 210.2 kilograms of marijuana, which carried a street value of $33.6 million.

In addition, the Anti-Narcotic Unit also got rid of 304 grams of heroin drugs. They further destroyed 602 grams of an unknown substance that were being smuggled to the U.S. According to CANU ranks, the local forensic lab

Vergenoegen family terrorized by armed bandits

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Vergenoegen, East Bank Essequibo (EBE) family was left traumatised after they were terrorized, beaten and robbed by armed men who invaded their property on Saturday (March 9, 2019) evening.

The Guyana Police Force said the robbery was done by two males.

The family was relived of cash, jewelry, and other valuables. The victims who were

assaulted by the unmasked perpetrators, received medical attention at the West Demerara Regional Hospital.

The vehicle that was reportedly used in the commission of the crime, was intercepted on the West Coast of Demerara and the driver who was the lone occupant was found in possession of an unlicensed pistol with six live rounds; he is assisting with the investigation.

Police launch man hunt for men who disposed of shotgun at Kwakwani P olice in ‘E’ Division (Linden-Kwakwani) are on the hunt for two males after they reportedly disposed of an illegal shotgun upon seeing the police along the Unamico Road on Tuesday (March 12, 2019).

According to information received, at approximately 05:15hours, ranks attached to the Kwakwani Police Station and Special Branch Unit, acting on information received ventured out to the Unamico Road.

Upon arrival they reportedly observed two males walking in the corner of the road, with one alleged to have what appeared to be a shotgun in his hand.

It was noted that upon observing the Police vehicle the males reportedly ran into some bushes.

The ranks reportedly gave chase, however they were unable to find the men amongst the thickvegetation. The ranks reportedly continued their search through the bushes where they discovered one Savage 12 Gauge Shotgun.

Police say the gun was taken to the Kwakwani Police Station where it was further examined for a serial number but none was found. The gun was reportedly sealed and lodged at the Kwakwani Police Station.

and overseas counterparts could not determine what the “unknown substance” is.

Guyana observes Commonwealth Day…

Charter of the Commonwealth ‘binds member countries to uphold democratic principles’ – Teixeira “Herein lies the problem – GECOM will not begin to ready itG uyana, as a member of the Commonwealth and as an emerging democracy, now the faces the reality of falling out of the global family of democratic nations, according to People’s Progressive Party (PPP) Executive, Gail Teixeira.

Her comments came during an address at Umana

Yana at an event organised by the Parliament Office in observance of Commonwealth Day 2019, on Monday (March 11, 2019). In attendance were several APNU+AFC Coalition officials, as well as representatives of the diplomatic corps.

She said, “Today we celebrate the 70th anniversary

of the Commonwealth of Nations and at the same time we are celebrating the values and principles that have guided it through the many decades. The theme today – ‘A Connected Commonwealth – has been misunderstood – some people think it is dealing with connectivity, but it is dealing with being

self without a date from the President and the President refuses to name a date without GECOM being ready.”

– PPP Executive, Gail Teixeira

connected based on our common principles and values.

“Her Majesty the

Queen’s message refers to social, political and economic development that is inclusive and sustainable.

“The Secretary General, the Right Honourable, Patricia Scotland, referred in her message to the 1949 London Declaration, which referred to the principles that the Commonwealth is based on. She said: ‘Our fifty-three nations – large and small, rich and poor – are now home to one third of all

overturned. Articles 106 (6) and 106 (7) were introduced into the Guyana Constitution after inclusive, extensive and in-depth amendments to the 1980 Constitution of Guyana. These Articles require that the Cabinet, including the President, must resign, while Elections must be held within three months – a deadline that can only be extended by a two-thirds majority of all elected members in the National Assembly.

“At midnight on March 21, 2019, there will be no opportunity to name a date and have the two-thirds majority required in the National Assembly for an extension. Articles 106 (6) and 106 (7) would have been violated. There is no constitutional remedy available to our nation that we know of. This government will therefore be unconstitutional, illegal and illegitimate after March 21, 2019. The President will have no constitutional coverage and no mandate of the people to govern and remain in office.”

– PPP Executive, Gail Teixeira humanity, 60% of whom are under the age of thirty. We are drawn together by common values, and co-operate to promote democracy, good governance, the rule of law and human rights’. “…it is with a sad and very heavy heart that on this Commonwealth Day that I have to say that Guyana, which has had a progressive and active leadership in the Commonwealth over the decades, is now on the precipice of a Constitutional Crisis.”

A SHARED VIEW According to her, this view on Guyana’s current state of affairs is not one that is only held by the People’s Progressive Party/ Civic (PPP/C), but is also one shared by civil society.

“This is also the view of civil society and thousands of Guyanese from all walks of life.”

Teixeira added, “Resolution 101 of the Legislature of Guyana was validated by the High Court on January 31, 2019 and stands until

“The Constitution makes it clear that scheduled elections must be held in three months from the date of dissolution. So three months is not an unusual requirement, even Article 106 (6).

“The Honourable Chief Justice ruled that the no-confidence motion was valid. The Honourable Chief Justice ruled that majority correctly passed it, by a 33 to 32 vote. The Honourable Chief Justice ruled that effect of the passage of the no-confidence motion meant that the Cabinet stood resigned from the night of December 21, 2018 and any duties or functions to be performed specifically by Cabinet must have ceased from that time.” “…since the passage of the no-confidence motion on December 21, 2018, the Guyana Elections Commission has failed to commence preparations for General and Regional Elections, as required by Article 106 (7) of the Constitution. Ignoring the no-confidence resolution of the National Assembly (Turn to page 26)

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