Proclamations have been backdated

On Monday a colleague sent me an email with the subject ‘Proclamation’ and directing me to the website of the Official Gazette at http://officialgazette.gov.gy/. On going to the site I found Legal Supplement B of the Official Gazette which contains two proclamations signed by Dr Roger Luncheon setting May 11, 2015 as the date for the elections of the members of the National Assembly and the Regional Democratic Councils.

The date of the Gazette is shown as 24th January, 2015 which was surprising enough to cause me to do some checking. On further examination I realised that the Gazette was posted up late afternoon of February 9. To satisfy myself further I checked with the Law Library, the Registrar of the Supreme Court and the Parliament Library early today (10th February) and learnt that none of those key government offices had a copy of a Gazette Legal Supplement B bearing the date January 24.

I then checked with the Office of the President where I learnt that the impugned Gazette was delivered to them yesterday February 10. Clearly the Gazette containing the two Proclamations was backdated for reasons known only to the President, Head of the Presidential Secretariat and Mr Anil Nandlall, whose face adorns the Official Gazette page. That this was obviously backdating is also evident from the fact that the Legal Supplement B of the Gazette of January 24 appears at the top of the page after the Official Gazette of January 31 and February 7.

With this kind of conduct and ethical behaviour, we should not be surprised at the state of our country.

Meanwhile the proclamations dissolving the Parliament and the Regional Democratic Councils have still not been published.

Unravelling the mystery of the elections date

Introduction
Ever since December 6, 2014 the naming of a date for general elections has become a circus of cynicism by the government. Let us recall some background information: the National Assembly last met on July 10, one month before its two-month recess which began on August 10 and ended on October 10. Even after the recess ended the government was not enthusiastic about the reconvening of the National Assembly once the Alliance for Change tabled a motion of no-confidence against it.

On November 10 2014, the date designated by the President for the National Assembly to reconvene, he instead issued a proclamation proroguing the National Assembly thus suspending parliamentary democracy and oversight over the executive, key components of Guyana’s constitutional framework. The President explained the reason behind the prorogation as the opportunity it afforded the opposition parties in the National Assembly to engage the government in discussions outside of the Assembly, failing which the government would dissolve it and proceed to elections.

The Leader of the Opposition demurred and as early as December 6, the President announced his intention to dissolve the National Assembly with a view to elections. However, out of a misplaced regard for people’s enjoyment of Christmas, the President said that he would wait until early in 2015 to name an elections date.
Continue reading “Unravelling the mystery of the elections date”

President’s announcement of elections date did not comply with constitutional or legal requirements

We note the announcement by President Ramotar that he has named May 11, 2015 as the date for general elections. We are concerned however that the announcement did not address the status of the Tenth Parliament which was prorogued on November 10, 2014 nor did it comply with the constitutional requirement for the naming of the date of elections.

It is our view that the life of the Tenth Parliament can only come to an end by dissolution and the naming of the date for elections done by way of a proclamation.

Prorogation of the Parliament is done under Article 70 by proclamation and while the Constitution does not expressly so state, it is our opinion that a proclamation is required either to re-convene or to dissolve the Parliament. And in relation to the naming of the date for elections, article 61 of the Constitution explicitly requires a proclamation by the President.

If we can call attention to earlier years and specifically the 2011 elections, there were four proclamations as follows:

27 September: Dissolving Parliament.

27 September: Dissolving the ten Regional Democratic Councils (RDCs).

9 October: Setting 28 November as date for parliamentary elections.

9 October: Setting 28 November as date for election of members of RDCs.

It is our opinion that until similar proclamations are issued the announcement made by the President on Tuesday January 21, naming May 11 as the date for elections has no legal or constitutional effect. As citizens we find it totally unacceptable that the President in his rather extensive address did not discuss the issue of the Tenth Parliament, leaving the country in continuing uncertainty in respect of the Parliament and to his intention to comply with the requirements of the Constitution.

The President needs to remove the uncertainty and take the logical steps which the Constitution requires.

Alissa Trotz
Christopher Ram

Postings on website were misrepresented on TV programme

Stabroek News of January 16, 2015 carried a letter captioned ‘Informed speculation,’ in which Mr Kit Nascimento, sought to respond, in defence of Mr Winston Brassington, Chairman of Atlantic Hotel Inc, to an editorial in the newspaper of January 6, 2015 titled ‘Questions continue over Marriott deal, opening date.’

Mr Nascimento, who did not disclose any interlocking relationships with Mr Brassington, with the hotel company and with Guyana Power and Light of which Brassington is chairman, or with NICIL of which Brassington is the CEO, accused the Stabroek News of “introduc[ing] a new practice of journalism, the reporting of ‘informed speculation,’ to justify unsubstantiated, undocumented, unsupported reporting published as fact by his newspaper.” That accusation, language and all, would be quite appropriate to Mr Nascimento himself.

In a recent television programme ‘moderated’ and described by him as the “third broadcast programme on the progress and development of the Marriott Hotel,” Mr Nascimento in introductory remarks, said, “This week Tuesday … Mr Christopher Ram, on his personal blog, which was reported in the Kaieteur News …” The programme, clearly initiated and manipulated by Mr Brassington, included, in addition to him, the unsuspecting Project Manager of the Marriott Hotel construction and the Marriott representative in Guyana.

Having as his premise this fictitious blog, Mr Nascimento then proceeded to ask a series of leading questions, no doubt prepared with the extensive assistance of Mr Brassington, with Nascimento casually throwing in words like Ram “suggested” and Ram “implied.”

Had Mr Nascimento taken the elementary, responsible and professional step of verifying his assertions and allegations with my website he would have noticed (a) that the articles to which the Kaieteur News referred were posted in February 2013 – nearly two years earlier; (b) that never in the four-part series did I make any allegation, let alone a “serious allegation” that Marriott Hotel was a “cut price” hotel; and (c) that I did not say that the construction agreement did not provide for supervision.

I would not waste my time or that of readers to repeat the text of the four-part series of articles on chrisram.net beginning February 17, 2013 under the caption ‘Soul for Sale,’ which incidentally was a pun on the hotel and not Mr Brassington. Sadly, I am unable to describe Mr Nascimento’s moderation of the programme in the way that he sardonically did the Stabroek News editorial as “a new practice,” but would prefer to use his own formulation and describe his/Brassington’s programme as based on false, fabricated and fictitious information presented in a disgraceful, malicious, unethical and unprofessional manner.

Editor, everyone has a right to earn a living. But I am sure that accounting is not the only field that requires engagements to meet basic ethical and professional principles and that asks its practitioners to refuse contrived, orchestrated assignments regardless of the size of the fee dangled. When individuals violate these principles they devalue their profession. And when a profession is devalued, the wider society is also devalued.

Mr Brassington is aware that the Marriott articles on my website were two years old. But like the Stabroek News editorial they are as relevant today as they are factual. As an officer of a government company, Mr Brassington has a duty to respond to legitimate concerns and questions asked of his actions involving public resources. The use of ventriloquists using evasive tactics is not only cowardly but totally unacceptable.

Spending by government tests the limits of the Constitution

Introduction
Even as Chief Justice (ag.) Ian Chang considers one major case alleging unauthorised public expenditure of over $4.6 billion between January and early June 2014 involving one article of the Constitution, another case is probably in the making over spending of further billions in violation of another article of the Constitution.

In the current action Leader of the Opposition Mr. David Granger seeks an order to halt unauthorised spending by the government and also for spending on programmes disapproved by the National Assembly to be stopped. The question has been raised why the action was not brought immediately when it became known in June last year that the Minister of Finance had authorised the spending of moneys expressly disapproved by the National Assembly. It is obvious that several billions more would have been spent since June 14 in similar circumstances.

The Attorney General Anil Nandlall, in defending the unauthorised spending by the Government has sought refuge in procedural points, and according to a press report claims that “the court cannot issue an order to stop all government spending not approved by the National Assembly as requested by APNU leader David Granger as there is no allegation that anyone’s fundamental rights have been breached.”
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