Only avenue out of this terrible place is free and fair elections free from fear
Dear Editor,
Guyana is buried deep in a constitutional crisis because of the decision of our political players to not hold elections within three months of the successful passage of the no-confidence motion or based on an extension granted by 2/3 of the National Assembly. While the Constitution and subsidiary laws catered for the period between the no-confidence motion and the appointment of a newly elected government, there is/are no provision(s) for what happens if articles 106(6) and 106(7) are dishonoured.
The Constitution, for instance, makes provision for a caretaker government that would exercise stewardship during the period between the appointment of a new government and the no-confidence motion. Such a government is expected to exercise restraint in its activities as prescribed by convention.
However, the Constitution and subsidiary laws do not contemplate or make provisions for the continued operation of the Executive and Legislative arms of the state if and when the aforementioned articles are honoured in the breach. These arms of the state were rendered impotent and rudderless because these articles of our Constitution were flagrantly disregarded. In other words, we have a situation where Guyana, as a country, is sailing in uncharted constitutional waters without a legitimate captain.
I am sure that no responsible citizen would ever want their country to be in this dangerous place since anything goes, and the laws of the jungle are set into motion. Those who have muscles will survive. They can trample upon the weak and devour them without punishment.
So why am I concerned? The fact that we are in a dangerous place cannot be changed by rewriting our contemporary history or legal gymnastics to bend to law to suit our convenience. The only avenue out of this terrible place is free and fair elections free from fear. If we fail to ensure such polls, we will enter another cycle of legal battles that will keep us in this terrible place. As we speak, there are lots of efforts to delay and prevent elections that will place us back on the constitutional track. The list, which is always the most significant bone of contention regarding electoral disputes in Guyana, is subject to dangerous ploys that can result in mass disenfranchisement. Coupled with this, we hear that adequate funds may not be available to facilitate elections. This is equally dangerous because the Parliament cannot be approached for additional funds. The Parliament has essentially been rendered impotent by the passage of time and disregard for articles 106(6) and (7). So the government cannot legally go to Parliament and request and/or approve funds.
The only viable option is for the Minister of Finance to approve the additional funding as prescribed by the Fiscal Management Act. This Act allows the Minister to approve an overdraft on the Consolidated Fund. The Contingency and Deposit funds can also be utilized to deal with the shortfall in funds by GECOM. But going to Parliament, we run the risk of complicating an already complicated situation. However, we have to provide GECOM with funds. It is for this reason; I believe that the best option is for the Minister to exercise the powers vested in him by the FMAA to ensure that GECOM is adequately financed. If this is not done because we wish to make excuses to delay elections further, then we will prevent the country from escaping the constitutional crisis soon. The people are fed up with excuses and all the legal debates. We want to continue with our normal life, but this is not possible if the situation is abnormal. Parliament cannot approve the funds required by GECOM. The doors to Parliament were closed many months ago.
The Minister, however, can utilize the powers vested in him by FMAA to overcome the financial hurdle faced by the commission. Meanwhile, stakeholders can work collectively to ensure we are taken out of this dangerous place sooner rather than later. Any disputed elections can lead to more significant problems in the future. The courts cannot be relied upon to deal with electoral disputes promptly. The government powers cannot be strengthened if they hold onto power when there is the widespread perception that the elections are flawed.
We see what is happening in Bolivia. The masses cannot be counted on for investing more confidence in the Courts, which have failed us miserably on electoral matters.
Yours faithfully,
(Name and address provided)