ChrisRam.net - Articles, letters and other publications by Christopher Ram

February 27, 2019February 27, 2019

Ramjattan cited doctrine of necessity to justify failure of Administration to comply with No Confidence Motion

Last Saturday, while on a brief trip to New York, I appeared on a televised town hall style debate moderated by Mr. Sase Singh, and also featuring Vice President and Minister of Public Security Khemraj Ramjattan. The focus of the programme was the No Confidence Motion which saw the defeat of the APNU+AFC Government and its implications. Unfortunately, at several points during the programme I had to play the role of fact checker in response to Mr. Ramjattan’s cavalier disregard for the facts, his misquoting of the Constitution particularly in relation to Article 106 (7) [the holding of elections], Article 162 (8) dealing with the extremely limited powers of GECOM regarding the postponing of elections; his repetition of the visibly discredited notion that the lowest majority of 65 is 34; his misciting of the Vanuatu case despite the dismissal of that case’s relevance to Guyana; and his glib reference to the doctrine of necessity to justify the refusal and failure of the Granger Administration to comply with the No Confidence Motion.

The only accurate comment by Mr. Ramjattan on the doctrine was its association with Mr. J.O.F Haynes. In fact, I would make bold to say that Haynes’ brilliant, erudite and exhaustive analysis of the doctrine and its application to not one but two revolutionary changes in Grenada – a coup in 1979, and the removal of the 1979 revolutionary government in 1983, all of which came to an end with the American invasion on 25 October 1983.

February 15, 2019February 25, 2019

Ram & McRae and Christopher Ram & Associates have had numerous problems with Valuation Office

Two days ago, an anonymously written letter ‘Runaround from Government Valuation Office’ was published in your columns. Incredibly, the Ministry of Finance which has which always been too busy to address members of the public, responded in your columns yesterday by inviting the person to visit the Valuation Office “so that this issue can be resolved”. I wish that person luck.

By asking the anonymous writer to visit the same office which has been pushing that person around, the Ministry is hoping to avoid the serious issues which members of the public have with the Valuation Office. These issues need to be addressed by the Ministry and not by the same persons who engage in the mischief in the first place. Indeed, they require the intervention at the very high levels in the Ministry, including at the political and the executive levels. The absurdity of the intervention and invitation by the Ministry of Finance is that without knowing where the person lives, the PRO designated a time yesterday morning for the person to visit the Valuation Office.

February 9, 2019February 9, 2019

Constitution provides for eventuality where Gov’t and President fail to comply with Article 106 (7)

Today marks eighty-seven days since the PPP/C tabled its No Confidence Motion and fifty days since it was passed, the Government defeated, Cabinet including the President ceased to exist, and the imposition of a ninety days deadline for the Government to hold fresh elections, unless extended by a two-thirds vote of the National Assembly. All of this was confirmed by the Chief Justice more than one week ago.

The GECOM Administration and its Executive comprising the Chief Election Officer and his team are fully aware of all of this and it is only appropriate for them to explain to Guyanese their action or justify their inaction since then in relation to their duties and functions regarding elections as set out under Article 62 and 162. It certainly cannot be for want of money: their budgetary allocation for 2019 is a whopping $5,371 million. At least publicly, GECOM has shown a troubling inertia in discharging its constitutional mandate with the cancellation by the Chairman of two meetings which he was scheduled to have with the Private Sector Commission being a good example.

February 6, 2019February 7, 2019

In its determination to cling to power at any cost, the Granger Administration seems willing to abuse the legal process

Mr. Ronald Bulkan graciously seeks to educate me even as he himself seems to lack the appreciation or the understanding that two or more persons can have the same interpretation of the plain meaning and implications of the Constitution’s provisions on a No Confidence vote without being part of an “organised group”. Among the persons suspected by Mr. Bulkan of being part of that group promoting the argument that general elections must be held by March 21, 2019 are “the Private Sector Commission, AmCham Guyana and even external ones.”

Mr. Bulkan must be very dismayed that the group promoting what Mr. Bulkan still considers an argument now includes the labour movement in Guyana, almost every independent thinker in Guyana, the European Union, the United Nations and I dare say most respectfully, the Hon. Chief Justice of Guyana. Perhaps Mr. Bulkan needs to be reminded – if not educated – of the stipulation of Article 106 (7) of the Constitution which provides as follows:

“(7) 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.”

February 3, 2019February 3, 2019

The President needs to dissolve the National Assembly and demonstrate his commitment to democracy

The High Court has now pronounced on the December 21 vote of no-confidence in the National Assembly. The Honourable Chief Justice, in separate decisions in three cases arising out of the vote, reaffirmed the ruling of the Speaker of the National Assembly that the ‘yes’ vote by an AFC Member of Parliament was valid and by a majority of 33 – 32, the Cabinet, including the President, automatically fell. A further consequence of the vote was that elections must be held within the constitutional timeframe of 90 days, meaning that those elections must be held no later than March 21, 2019, less than seven weeks from today.

The decisions in all three cases were well-researched, reasoned and argued. The delivery was commanding, with a good measure of grace and gravitas that makes one easily forget that these cases were started and completed within a fortnight, all by a single judge. By any standard, that is not only remarkable but probably unprecedented in Guyana’s legal history. If any proof was required to justify the confirmation of her position, the Chief Justice not only met but over the four hours of her oral delivery, exceeded the standard. It is time that we end this farce that seems to condemn their Honours Yonnette Cummings-Edwards and Roxane George-Wiltshire to acting positions.

Within the three cases, there was one other major issue decided by the Chief Justice. And that is that under Article 155 of the Constitution, a person who by his/her own act acquires a passport of a foreign power or state, cannot be a candidate for membership in the National Assembly. The effect is that members of both the APNU+AFC and the PPP/C who hold such dual citizenship can no longer sit in the National Assembly, and perhaps, more practically, those persons have to decide, well before the new elections, whether or not to give up their prized foreign passports.

Vice President Carl Greenidge, Minister Joseph Harmon and Opposition Chief Whip Gail Teixeira have admitted to being foreign passport holders and can no longer remain a member of this current Parliament which is still to be dissolved. There is word that Ms Volda Lawrence is also the holder of a foreign passport, a matter which she needs to address with a simple admission or denial. Incredibly, Opposition members Messrs. Odinga Lumumba and Adrian Anamayah do not seem to know whether they are citizens and the Leader of the PPP/C List for the 2015 elections should call on them to clarify their status. Unless they do so immediately, they should be removed from the National Assembly. This applies too to Professor Harold Lutchman, the Leader of the APNU+AFC List for the 2015 elections.