Crisis over poll date, March 21st deepens
The government last evening condemned statements by Leader of the Opposition Bharrat Jagdeo that after March 21st President David Granger would cease being President and he [Jagdeo} would not address him as such.
Government says that the constitution makes clear that the President will remain in his capacity until a new president is sworn in.
“The Government of Guyana strongly condemns the continued misinformation being peddled by Opposition Leader, Mr. Bharrat Jagdeo that President David Granger will cease to be President after March 21, 2019,” the statement from the Ministry of the Presidency (MoTP) read.
Further, it noted, “The Government of Guyana deems Mr. Jagdeo’s utterances as malicious and intended to create confusion amongst the populace. His statement is patently flawed and must be rejected outrightly. There is no provision in the Constitution of Guyana which requires the President to resign or demit office following the passage of a no confidence motion.”
The Ministry of the Presidency was referring to Jagdeo’s response from his press conference yesterday in response to Stabroek News asking about a call he said that he had received from former US President Jimmy Carter. “I prefer to keep a little quiet on the content at this point in time until I hear back from him as to whether he has spoken to President Granger, who will by the way, be Mr. Granger from the 21st,” Jagdeo said.
Jagdeo’s position is premised on the likelihood that no extension of the deadline for the holding of general elections would be given by Parliament.
Making reference to the ongoing court case challenging the No Confidence Motion, the MoTP statement pointed to Chief Justice (Ag) Roxane George’s ruling saying that on January 31, 2019, in the case of Attorney General v the Speaker of the National Assembly and the Leader of the Opposition, Justice George “declared that while the no confidence motion against the Government prompts the resignation of the Cabinet and the hosting of elections, it does not dissolve the Parliament, which comprises the National Assembly and the President.”
The statement quotes Article 106 (7) of the Constitution, which deals with government staying in office up to the 90-day period it allows for. It said the constitution “specifically states that the Government remains in office and the National Assembly may pass a resolution to extend the time for elections beyond the three-month period within which elections are required to be held.”
“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 statement noted, quoting the constitution.
“The aforementioned Article is clear that there must be continuity in Government and there are no legal barriers restricting the Government from exercising its functions. The President therefore, remains President until another President is sworn in. It should be noted that there are four processes which are running concurrently: The Legislature, Judiciary, Electoral and the Executive,” it said.
With the government and the opposition stalemated over the election date, a parliamentary enlargement of the 90-day time frame seems unlikely and the view has been expressed that the government would be illegal after that date.
And pulling from Article 62 of the Constitution, which reads that “Elections shall be independently supervised by the Election [s] Commission in accordance with the provisions of Article 162”, the statement pointed to the independence of GECOM in its execution of elections. “The Constitution of Guyana states unequivocally that GECOM is an independent, autonomous body responsible for the hosting of free, fair and credible elections. President Granger cannot interfere in GECOM’s work. He has to be advised by the Commission of its readiness to host elections.
‘This year’
It said that Granger has repeatedly, over the past few weeks, said that he is committed to holding credible elections in the shortest possible time, this year.
While Granger has said that he is committed to holding credible elections in the shortest possible time, a timeframe was never given. It is the first time that the government has said that elections are intended to be held this year.
“It is not for anybody to give the Commission instructions as to when elections are to be held. Once the Commission says it is ready, I will announce a date and I hope that date is as early as possible,” President Granger said last week following consultations with the Chairman and Commissioners of GECOM.
Government said that it is concerned that Jagdeo continues to peddle misinformation in the public domain, with the intent to
confuse and create panic among citizens.
“It views as reckless his statements and calls on him to act responsibly during this very sensitive period in the country’s history,” the statement said.
Government reiterated statements made on Monday last, where it had also condemned remarks Jagdeo made at Babu John, to chase government ministers and the President from villages after March 21st saying that they “could lead to a breach of the peace and public order”.
Jagdeo noted that Region 6 APNU+AFC executive had written the Ethnic Relations Commission saying that his comments were inciting and inflammatory.
But Jagdeo yesterday repeated his statements as he sought to make clear that when he says “chase out” he refers to ministers of government and the President and Prime Minister.
“I am repeating it’ when the Ministers come or Granger or Nagamootoo you have to do that- Chase them out of the communities right across Guyana because they would be illegal and unconstitutional,” Jagdeo said.
The MoTP said that it again found the statements repugnant. “Mr. Jagdeo again today indulged himself in reiterating these remarks at the press conference, seemingly without any consideration of the possible confrontational outcomes that they could engender which may jeopardise the safety and security of the sitting President and his Ministers. The Government reiterates that the irresponsible call by Mr. Jagdeo to “chase” President Granger, Prime Minister Moses Nagamootoo and Government ministers out of their communities is dangerous and unacceptable, particularly in an election year,” the statement said.
It warned that the public should not listen to Jagdeo and should desist from disorderly behaviour or face law enforcement repercussions.
“The Government therefore encourages the public to exercise good sense and to desist from disorderly behaviour as the law enforcement agencies will treat condignly, any disorderly conduct,” it said.
In a separate statement, MoTP also condemned Jagdeo’s claims of collusion by the President and GECOM to delay elections.
“The Government of Guyana firmly condemns the allegations made by Opposition Leader, Mr. Bharrat Jagdeo that impugns the integrity of President David Granger.
“The Opposition Leader at a press conference, (yesterday), accused the President of pressuring government nominated Commissioners of the Guyana Elections Commission (GECOM) into stating that GECOM is unready to host General and Regional Elections.
“He also opined that there was collusion to state that house-to-house registration is necessary to sanitize the current Official List of Electors so as to delay the elections. On March 8, President Granger, after consulting with the Chairman and Commissioners of the Guyana Elections Commission (GECOM) to examine ways and means of having credible elections in the shortest possible time as well as to seek guidance on the Commission’s needs, said while there exist differences among the GECOM commissioners, he did not believe those differences were irreconcilable”, the statement said.
The statement added that Granger had made it clear that Government did not receive the sort of guidance needed to enable him as President to make a proclamation. As such, he has asked GECOM to return to the drawing board and present him with a work programme in the shortest possible time. That GECOM meeting ended yesterday with sharp divisions and no agreement.