Legal moves to block future “minority” presidents

…allow coalitions after elections

By Leonard Gildarie

Attorney-at-law Saphier Husain-Subedar is moving to effect legal changes that will pave the way for political parties to form coalitions and do away with the possibilities of a minority presidency.

The lawyer has since written President Donald Ramotar, Leader of the Opposition, David Granger, and AFC Leader Khemraj Ramjattan, signaling his intentions of moving ahead with the necessary changes. It has not been the first time concerns have been expressed over the current “winner-takes-all” system.

President Donald Ramotar

The 10th Parliament is a classic example. Following the 2011 General and Regional Elections, the People’s Progressive Party/Civic (PPP/C) did not manage to garner the 50 per cent votes required, but the law allowed that party to form the Presidency, leaving the Opposition in control of the National Assembly by one seat.

With several law changes and other legislation in limbo, the National Assembly has remained in a virtual stalemate on many of the issues.
In his letter about the law changes, titled “Road Map of Guyana 2014”, Husain-Subedar said that he has observed that the first and greatest problem facing the Guyanese electorate is in Article 177 of the Constitution of the Republic of Guyana.

“By this article, Guyana is likely to have a repetition of a Minority President, which in the current Parliament has proved unworkable and not in the interest of Guyana.”

The lawyer, known for his constitutional cases, including the recent one in which he successfully challenged the validity of the six-month birth certificate requirement for new passports, explained that currently the Constitution does not allow for any coalition of parties after the votes have been cast.

This in effect allows the party, with the largest bloc of votes, although falling below the required 50% of the total votes, being able to form the Presidency.

“I say that Guyana should never have a repetition of a Minority President.”
Anticipating that current threats of a no-confidence vote against the Presidency by the Alliance For Change is likely to trigger snap elections if that Opposition party gets support from the larger APNU coalition, the lawyer is asking that the changes be made as early as possible.

“I am asking that before a no-confidence motion be effected or a dissolution of Parliament for fresh elections, (that)… the Constitution be amended to remove the possibility of a Minority President again…”

Attorney-at-law Saphier Husain-Subedar

He wants the Constitution to now change to say, “Where there is no Presidential candidate with a majority in excess of 50%, any two or more Presidential candidates may combine their votes together in coalition to decide which candidate to be declared the President.”

Specifically, the lawyer wanted the amendments to say that no “Presidential candidate shall be declared a President unless he commands a 51% or more of the seats in Parliament as leader of a single Party or coalition of parties after the elections.”

If after the elections, two parties decide to collaborate, they will have to write the Chairman of the Elections Commission and submit a notarized document signed by the relevant Presidential Candidates.
The lawyer pointed out that amendment of the current Constitution requires only a two- third majority of the votes in Parliament.

“This is your opportunity to make your idle “boast” of acting in the best interest of Guyana as not hypocrisy but reality to make this “Road Map of Guyana 2014” a new beginning for this perpetually troubled country.”
The lawyer also expressed concern with the fact that Guyana has not held any Local Government Elections in almost two decades.

“I hereby request that all the machineries be effected including amendment of legislation so that Local Government Elections and General and Regional Elections be held simultaneously. This will cure a decade of problems and also would prove very economical.”

Copies of the letter to the President and other Parliamentary leaders were also sent to foreign embassies in Guyana, Carter Center – Atlanta; Guyana Bar Association; President of the Trades Union Congress (TUC) and Chairman of GECOM.

Husain-Subedar has also written the Guyana Elections Commission (GECOM) announcing his plans for the National Independent Party, which he leads, to contest the upcoming Local Government Elections and any future General and Regional Elections for the Presidency.