Speaker questions delay in dissolution of Parliament

Speaker of the National Assembly Raphael Trotman has questioned the objective of President Donald Ramotar’s refusal to dissolve Parliament after its prorogation late last year. Trotman noted that while there are no legal constraints, it has been the convention for three clear months of campaigning to be made available following the Parliament’s dissolution.

According to Trotman, Article 61 of the Constitution specifies that elections be held “within” three months of the dissolution of Parliament. This publication reported on Wednesday that President Donald Ramotar is expected to dissolve Parliament by February 28. Trotman acknowledged that there “may very well be a six week sprint” to elections, while outlining that some other Caribbean countries have had just over a month. “It is not uncommon,” he related.

Attorney General (AG) and Legal Affairs Minister, Anil Nandlall had explained that the Head of State can dissolve Parliament any date after February 12 this year. He argued that the Constitution requires that Parliament “must be dissolved within three months” of the date announced for elections. Nandlall explained that legislation also adumbrates another requirement which states that political parties must present their lists of candidates some 32 days prior to the planned date for elections to the Guyana Elections Commission (GECOM).

The Attorney General said if one counts backwards and discounts the 32 days which must be available for the political parties to submit their lists, then the President can chose to dissolve Parliament any date before this time period expires. Thirty-two days before May 11 would be April 9.

Addressing concerns of the abuse of state resources for political campaigning, Trotman explained that this is one of the negative aspects of the Constitution, as a prorogued Parliament leaves the Government with a “watch dog”. “There is no oversight, scrutiny or checks and balances and that is cause for concern,” he told this newspaper.

President Ramotar on November 10, 2014, issued a proclamation proroguing the National Assembly just before the Alliance For Change (AFC) moved a No-Confidence Motion against his Administration. The Head of State insisted that the move was intended to ensure that development is not curtailed at the hands of the Opposition and the parties could engage in meaningful talks. But after Parliament’s prorogation, the parliamentary political parties say they were not interested in any such engagement.

Head of the Presidential Secretariat, Dr Roger Luncheon had several weeks ago said that President Donald Ramotar intends to dissolve Parliament during the first week of February in keeping with Guyana’s constitutional requirements. Dr Luncheon had reiterated what he felt was a known fact – that Parliament has to be dissolved on or before three months prior to Election Day. This means, Dr Luncheon said, that Parliament will be dissolved on either February 8 or 9. “Three months counting backwards from May provides the drop dead date for dissolution. So three months from the date you arrive at would take you back to when polling takes places,” Dr Luncheon explained.

Since his announcement that Guyanese will head to the polls on May 11, there has been criticism of Ramotar’s decision to not dissolve the National Assembly immediately after, or on the same day as he announced the date for General and Regional Elections. The Guyana Human Rights Association (GHRA) had said that the non-dissolution of Parliament widened the gap on any possible agreement by the National Assembly on disapproved major projects like the Amaila Falls Hydro Power Project.

The human rights body had also called on the President to either dissolve Parliament at the earliest opportunity or adjust the election date to conform to the constitutional provision of three months.