THE Private Sector Commission (PSC) and the People’s Progressive Party/Civic (PPP/C), on Tuesday, called on political parties and their supporters to respect the rule of law and the basic fundamentals of the democratic process.
In a statement, on Tuesday, the PSC said it has taken note of a countrywide protest which was conducted on Monday by supporters of the A Partnership for National Unity + Alliance For Change (APNU+AFC). Protesters basically urged non-interference in Guyana’s electoral process.
The case is centered around an application filed by the PPP/C seeking to have the CCJ set aside the Court of Appeal’s decision that Guyana’s President must be elected based on “valid votes” in accordance with Article 177 (2) (b) of the Constitution. The Appellate Court’s decision was made under Article 177 (4), which states that the Court’s decision is final.
The PSC said it was disappointed with APNU+AFC’s decision to stage a protest at a time when the regional court was still deliberating on the matter. “We believe it [is] unfortunate that any one of the political parties currently represented in the case before the CCJ should attempt to prejudice the ruling of our Apex Court in the matter before it,” the Commission said.
While recognising the rights and freedom of peaceful and orderly protest, the PSC warned that street protest, during this current political climate, could result in counter protest. It opined that such could result in disorderly and possibly violent behaviour.
For that reason, it joined calls with the Ethnic Relations Commission (ERC) for Guyanese to be responsible in their actions as the nation awaits the final declaration of the results of the General and Regional Elections held on March 2, 2020. “The PSC also calls upon the Commissioner of Police to ensure that the rule of law is respected and firmly applied and enforced without favour against any attempt to promote, incite, or participate in public disorder or violence of any kind,” it said. The PPP/C, in a similar statement on Tuesday, said: “In today’s free and democratic society, where the world is seen as one global village, it is a matter of significant public importance if democracy is under threat, moreover under siege, in any particular territory. Its condemnation is viewed almost as a duty by important public personalities, diplomatic missions, and rights’ organisations. Consistent with their approach, from the moment the case was filed at the CCJ, APNU+AFC’s abuse has been focused on the Court,” the PPP/C said.
However, on the issue of the CCJ, records show that the APNU+AFC has been calling for the Constitution to be respected on the basis that it, in unambiguous language, states that a decision made by the Court of Appeal under Article 177 (4) cannot be appealed at any other court, including the CCJ. The PPP/C expressed the view that once a country like Guyana signs on to international arrangements and treaties, such is not a limitation of sovereignty but an exercise of it. “Guyana is a member of the Commonwealth, the United Nations, the Organisation of American States and CARICOM, and through its obligations under various international treaties executed with these organisations, Guyana enjoined to practise and embrace democratic processes, including free and fair elections. Similarly, in 2004, Guyana signed on to a regional agreement legally establishing the Caribbean Court of Justice as its final appellate court, by an Act tabled by the PPP/C, supported by the PNC, which ultimately was unanimously passed,” it said.
It concluded that the CCJ is no longer an organisation extrinsic to the State of Guyana but it is intrinsic and indeed the apex tier of our judicial hierarchical structure. But while the Caribbean Court of Justice Act paved the way for the CCJ to be Guyana’s apex court, the court’s jurisdiction is not without limitation. Notably, Section 4(3) of the CCJ Act, bars the CCJ from having jurisdiction to hear any matter in relation to any decision of the Court of Appeal, which, at the time the CCJ Act came into force, was declared to be final.
Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_7-8-2020