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FM
Former Member

President withheld assent to Local Gov’t Amendment Bill 2012, as…

Opposition changes give Commission more powers than Constitution allows

By Clifford Stanley, Tuesday, 26 November 2013, Source

 

PRESIDENT Donald Ramotar withheld assent to the Local Government Amendment Bill of 2012 because the joint Opposition made changes which conferred on the Local Government Commission powers, duties and responsibilities in excess of those granted by the Constitution.


Minister of Legal Affairs, Anil Nandlall disclosed this yesterday during a media conference at Freedom House.


Article 78 A of the Constitution provides that Parliament shall establish a Local Government Commission, the composition and rules of which empower the Commission to deal as it deems fit with all matters relating to the regulation and staffing of local government organs and with dispute resolutions within and between local government organs


The President assented to three Local Government Bills on October 28th, 2013; but on that day too, the President, exercising powers conferred on him by Article 170 (3) of the Constitution, withheld his assent of the local government amendment bill of 2012.


On November 14, 2013, the president returned the Bill to the Speaker of the National Assembly with a message stating the unconstitutionality as one of the reasons for withholding assent.


Nandlall said that while this Bill was in the Special Select Committee of the National Assembly, many changes were made to it by the Joint Opposition to which Peoples Progressive Party (PPP) members of parliament objected.
These objections, he said, were all rejected un-meritoriously by the majority vote which the opposition enjoyed in the Committee.


He said that many clauses which were contained in the Bill original tabled by the Hon Minister of Local and Regional Development were deleted by the Joint Opposition committee without any insertions made to fill the void created by those deletions.


The changes which were made to the Bill rendered it constitutionally and institutionally defective and deficient.


These changes, he said, were not only in collision with the Constitution but are ultra vires of the Constitution, making them null void and void;
He said that, in consequence, there are now several structural and institutional deficiencies in the functional architecture of the local government structure.

 

President withheld assent to Local Gov’t Amendment Bill 2012, as…

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It still begs the question. Why is the government waited three months to realize that fourth bill is unconstitutional? By the time this bill goes back to parliament for revision, it would be another six months before you hear anything about the local election date. This is delaying tactics by the government, and it doesn't look good for President Ramotar in the eyes of the opposition. 

FM
Originally Posted by Demerara_Guy:

The President of Guyana, similar to the US_of_A and other countries, has the authority to not approve a bill.

that authority is not exercised idly. They give reasons. Here Ramotar insists that delegating to local authorities the means to take care of their financial affairs is too much of an ask from his administration. The PPP refuse to give up that.

FM
Originally Posted by Danyael:
Originally Posted by Demerara_Guy:

The President of Guyana, similar to the US_of_A and other countries, has the authority to not approve a bill.

that authority is not exercised idly. They give reasons. Here Ramotar insists that delegating to local authorities the means to take care of their financial affairs is too much of an ask from his administration. The PPP refuse to give up that.

Read carefully, Mr. Danyael ...

 

Quote...

"The changes which were made to the Bill rendered it constitutionally and institutionally defective and deficient.


These changes, he said, were not only in collision with the Constitution but are ultra vires of the Constitution, making them null void and void.

Unquote...

FM
Originally Posted by Demerara_Guy:
Originally Posted by Danyael:
Originally Posted by Demerara_Guy:

The President of Guyana, similar to the US_of_A and other countries, has the authority to not approve a bill.

that authority is not exercised idly. They give reasons. Here Ramotar insists that delegating to local authorities the means to take care of their financial affairs is too much of an ask from his administration. The PPP refuse to give up that.

Read carefully, Mr. Danyael ...

 

Quote...

"The changes which were made to the Bill rendered it constitutionally and institutionally defective and deficient.


These changes, he said, were not only in collision with the Constitution but are ultra vires of the Constitution, making them null void and void.

Unquote...

The constitution say that the prime minister shall succeed the president. How many times did the PPP do a shuffle dance around that.the point is the constitution is a formal agreement ( albeit a dictator created it)as to the best ways to run the state. It was not given by god. The PPP is making their point as to what they would agree with.

FM
Originally Posted by Danyael:
Originally Posted by Demerara_Guy:
Originally Posted by Danyael:
Originally Posted by Demerara_Guy:

The President of Guyana, similar to the US_of_A and other countries, has the authority to not approve a bill.

that authority is not exercised idly. They give reasons. Here Ramotar insists that delegating to local authorities the means to take care of their financial affairs is too much of an ask from his administration. The PPP refuse to give up that.

Read carefully, Mr. Danyael ...

 

Quote...

"The changes which were made to the Bill rendered it constitutionally and institutionally defective and deficient.


These changes, he said, were not only in collision with the Constitution but are ultra vires of the Constitution, making them null void and void.

Unquote...

The constitution say that the prime minister shall succeed the president. How many times did the PPP do a shuffle dance around that.the point is the constitution is a formal agreement ( albeit a dictator created it)as to the best ways to run the state. It was not given by god. The PPP is making their point as to what they would agree with.

Mr. Danyael, Local Government Amendment Bill of 2012 is the issue.

 

 

FM

D2 does not have the mental capacity to understand why the president would reject an unconstitutional bill. The afc/pnc crooks purposely modified the bill so that it would break constitutional rules. D2 is claiming that the constitution is a piece of rag and must not be adhered to when crafting the laws of the land. All this as a result of a substandard Howard education that should have gone to a deserving Black.  

FM
Originally Posted by BGurd_See:

D2 does not have the mental capacity to understand why the president would reject an unconstitutional bill. The afc/pnc crooks purposely modified the bill so that it would break constitutional rules. D2 is claiming that the constitution is a piece of rag and must not be adhered to when crafting the laws of the land. All this as a result of a substandard Howard education that should have gone to a deserving Black.  

You do need to beg the question. The AFC insists on some local autonomy to local jurisdictions. Leaving local authorities as creatures of the administration and at their their mercy for all things financial and in decision making leaves them as slaves to the administration. This bill frees them and awards them  modest authority to solve problems at the local level and they certainly know their problems best. Devolution of this sort is the best management strategy possible in a democracy. It saves money and empowers citizens to be responsible for themselves.

 

As I pointed out earlier; the PPP can conveniently skirt constitutional prerogatives when it pleases them. They did so twice as to succession to the presidency by doing a run around. They are not intent on preserving constitutional directives but  intent on the use of  the law to side step the law  when it pleases them. In this case they use it to resist all attempts to take power from their grasp even if it means a better use of that power.

 

The only reason to withhold signing this bill is because they can.  It thinly grazes the constitutional wording of the minister's oversight over the local districts. That in no way precludes local districts managing their own issues with the ministers oversight. Unfortunately the president sees this over sight as total control.

 

It is backward; reticent of the PPP's communist legacy. It stifles creative problem solving and enforces a complete top down strategy on the nation. It is the complete opposite of what is occurring in most western democracies.

 

One can also see examples of success rates of local autonomy from emerging  disintegral parts of the old soviet union. States that had a legacy of democracy and trust local regions to manage their own affairs fair best. Others with leaders of the communist creed as ours are catching their ass. 

 

To summarize, more local autonomy is the intent of the bill but the totalitarian bent PPP with its voracious appetite for a system of patronage after the old soviet style resists this. It is the only reason for not signing the bill. They fear loss of power.

 

FM
Last edited by Former Member
Originally Posted by Danyael:
To summarize, more local autonomy is the intent of the bill but the totalitarian bent PPP with its voracious appetite for a system of patronage after the old soviet style resists this.

 

It is the only reason for not signing the bill, They fear loss of power.

Monsieur Danyael, you are way off the mark with your statement.

FM
Originally Posted by Demerara_Guy:
Originally Posted by Danyael:
To summarize, more local autonomy is the intent of the bill but the totalitarian bent PPP with its voracious appetite for a system of patronage after the old soviet style resists this.

 

It is the only reason for not signing the bill, They fear loss of power.

Monsieur Danyael, you are way off the mark with your statement.

I know I am not off. What other reason is there? The appeal to the ministers powers being abraded reside in the idea that the dictators constitution awards him complete control. Local constituencies have no autonomy and must be his creatures.

FM
Originally Posted by Danyael:
Originally Posted by Demerara_Guy:
Originally Posted by Danyael:
To summarize, more local autonomy is the intent of the bill but the totalitarian bent PPP with its voracious appetite for a system of patronage after the old soviet style resists this.

 

It is the only reason for not signing the bill, They fear loss of power.

Monsieur Danyael, you are way off the mark with your statement.

I know I am not off. What other reason is there? The appeal to the ministers powers being abraded reside in the idea that the dictators constitution awards him complete control. Local constituencies have no autonomy and must be his creatures.

What you know and what are the facts are at divergence.

FM
Originally Posted by Danyael:
Originally Posted by Demerara_Guy:
Originally Posted by Danyael:
To summarize, more local autonomy is the intent of the bill but the totalitarian bent PPP with its voracious appetite for a system of patronage after the old soviet style resists this.

 

It is the only reason for not signing the bill, They fear loss of power.

Monsieur Danyael, you are way off the mark with your statement.

I know I am not off. What other reason is there? The appeal to the ministers powers being abraded reside in the idea that the dictators constitution awards him complete control. Local constituencies have no autonomy and must be his creatures.

Take pride in yourself if that ole goat tells you that you're wrong. A broken clock is right more often than Methuselah's school mate. 

Mars

in the interest of clarity, i call on the not so learned D_G to expand on what Guyana's loud, loutish and poorly educated AG is talking about when he fraffs about "changes" that are "ultra vires of the Constitution" . . .

FM

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