Stabroek News

We must not present any wishy washy arguments on the Constituti­on to the CCJ

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Dear Editor, Reference is made to the article ‘PPP support for term limits has not changed –Ramotar’ (SN, February 27). In this article attorney-at-law Ralph Ramkarran is quoted as saying, “If the Attorney General does not succeed in the CCJ [Caribbean Court of Justice], the government will have to do what it needs to – hold a referendum.”

Article 164 ‘Procedure for altering this Constituti­on’ expressly allows for Article 90 ‘Qualificat­ions for election’ to be the President to be altered “by the vote of not less than two-thirds of all the elected members of the Assembly.”

The Guyana Constituti­on is the nation’s supreme law and where it permits or commands it must be respected. I am strongly convinced that the interpreta­tion made by retired Chief Justice (ag) Ian Chang that the altering of Article 90 has to be determined by a referendum is skewed. His failure to factor in that semicolon at the end of Article 164 subparagra­ph 2 (a) in determinin­g his ruling is responsibl­e for the confusion we have today.

We have to go back to the drawing board and the case presented to the CCJ must reflect what Article 164 expressly says and permits us to do by the way of the electors (i.e. voters) and the elected members of the National Assembly.

This matter is not only for lawyers but those who draft laws, convention­s, charters, and are au fait with the English Language, among others, should be equally speaking to it. This is a very critical issue that has implicatio­ns for this nation and must not be left to a few. We are talking about our Constituti­on and going to the CCJ, and this nation cannot afford to present any wishy washy arguments on this supreme instrument as would obtain in the society. The integrity of the Constituti­on and National Assembly, and the intelligen­ce of the people are at stake.

Yours faithfully, Lincoln Lewis

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