Unusual situation as Parliament not dissolved…  Govt. has loophole to sign deals, other vote-getting projects

- lawyer says election date a ploy to continue dictatorship

Tuesday’s announcement by President Donald Ramotar that May 11 is Elections Day has raised more questions than answers.

President Donald Ramotar

Not only is the date clashing with critical secondary school exams, but it leaves the door open for Parliament to be recalled. There were condemnations yesterday with at least one lawyer saying that the particular date is a ploy to cause confusion and for the ruling party to hold onto power for a while longer. Leader of the National Independent Party, attorney-at-law, Saphier Husain Subedar, who will be contesting the elections, was blunt. He said that the President continues to act contrary to the Constitution of Guyana by setting a date for election, whilst the prorogation continues without dissolution of Parliament. “The date of election is not set by a release in the Government Information Agency, but in accordance with Article 61 where it says ‘an election shall be held on such a day within three months after the dissolution of Parliament as the President shall appoint by proclamation.’” The lawyer said that this meant, that both the dissolution of the Parliament and the date of the election have to be done by a proclamation which has not yet been effected. “This public statement as to a date of election without dissolution of Parliament is a ploy to continue his dictatorship and minority Government under prorogation.” The NIP leader said that elections have to be held within three months after the dissolution of Parliament, in accordance with the Constitution.

NIP leader, Attorney-at-law, Saphier Husain Subedar

"This means that the Government continuing prorogation is to continue a minority Government whilst campaigning for election.” Holding elections according to the date announced by the President is unconstitutional and void, unless the President by proclamation dissolve the Parliament in accordance with the Constitution within three months before election, Husain Subedar said.

No Nomination “Unless Parliament is dissolved and Parliamentarians vacate their position in accordance with 156 (1) (f) of the Constitution they cannot be nominated for the election. National Independent Party demands dissolution of Parliament with an appointment date of election pursuant to the Constitution of Article 61.”

Yesterday, the Guyana Human Rights Association (GHRA) in noting the constitutional dilemma, urged President Ramotar to either dissolve Parliament at the earliest opportunity and adjust the election date to conform with the constitutional provision of three months; or he should explain to the nation, “in a full and frank manner, why he considers re-call of Parliament to be an option still available to him despite being in an electoral season”.

The watchdog body believes that the date does not preclude the possibility of the President changing his mind. “Proclamation of elections in Guyana is linked constitutionally to either prorogation or dissolution of Parliament; it is not decreed unilaterally by the President. The Constitution of Guyana states (Art.69) that Parliament must assemble within six months of Parliament being prorogued or four months of it being dissolved.”

GHRA argued that in the case of dissolution, elections must follow within three months, allowing a month for allocations of seats, resolution of disputed results and other administrative matters before the new Parliament is convened.

“President Ramotar’s date of May 11, 2015 would seem to be premised on the six months following prorogation, but he has retained the option of re-calling Parliament in the meantime.”

According to the association, the manner in which the election date has been set, without reference to the life of Parliament, suggests that it has been prompted by two considerations – dampening current pressure that the Government either return to Parliament or call new elections and secondly, the benefits which accrue to the ruling party from maintaining the Parliament in session. Deals “The electoral advantage of not dissolving Parliament derives from being able to continue to enter into international agreements such as the Amaila Falls or other vote-getting projects which official dissolution of Parliament would have precluded.” The body noted “hints” provided by Minister of Finance, Dr. Ashni Singh, to the effect that the Government may re-call Parliament to present budget estimates.

This seems “a flimsy attempt to rationalize not dissolving Parliament. In light of the relentless antagonism which characterized the life of the current Parliament, it is absurd to think that in the midst of electioneering, the Parliament is going to sit down and approve a budget.” GHRA also believed yesterday that continuing the “farce” that prorogation can still bring the parties into unofficial dialogue during an election season is equally “bizarre”.

In November, as the National Assembly was set to reconvene and a pumped up Opposition prepared to debate a no-confidence motion against Government, President Ramotar announced that using his Presidential powers, he was proroguing Parliament.

It meant that Parliament could effectively remain suspended for six months before being recalled or dissolved for fresh elections. In recent weeks, the ruling People’s Progressive Party/Civic (PPP/C) faced pressure from local and international bodies to fix the situation.

UK envoy, High Commissioner, Andrew Ayre, echoed warnings from his superiors in London, urging an end to the stalemate.

The US has also reportedly been calling for a resolution.

The Ramotar administration has also been facing heavy criticisms over a number of multi-billion dollar state contracts and what the Opposition said was illegal spendings of unapproved monies.

As a matter of fact, it was the spending that sparked a court case and the no-confidence motion.

Yesterday also, the European Union said it welcomed President Ramotar’s announcement of early general elections as well as regional elections, which launches the process of the renewal of local and national democratic institutions.

“The EU encourages all parties to pursue dialogue and inclusiveness in order to guarantee peace and stability before, during and after the elections. The EU will remain a steadfast partner of Guyana and will continue to support its development efforts and regional role.”