The Peoples’ Progressive Party/Civic (PPP/C)’s refusal to return to the National Assembly to extend the life of the government will not bring about a crisis, says former Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall.
The attorney-at-law, in his column, “Unruly Horse”, made this comment in a retort to his successor, Basil Williams, who claims that the opposition has a constitutional responsibility to return to the parliament and grant an extension to the David Granger-led administration, which has been reduced to an interim government following the passage of a no-confidence motion.
Williams’ comments were in response to the Leader of the Opposition, Bharrat Jagdeo’s reiteration of his party’s position, that it will not extend the life of the regime. This, however, does not matter Williams said, noting that the Doctrine of Necessity will be impelled.
“Leader of the Opposition has been saying that he is not interested [to return] etcetera. But, he’s free to say whatever he likes to say at [his] Church Street [office], or on the streets of Georgetown, or on the streets of Guyana. So, the test is when: Parliament is resumed and the matter is called, he must go there and say he’s not going to conform or comply with the constitution. Once he does that, obviously it will create a situation – I would say a crisis situation – which would impel the doctrine of necessity.” Williams told the media last Friday.
The doctrine of necessity is used to define and validate extra-constitutional issues that fall outside the purview of the constitution but are necessary to preserve political stability.
Nandlall does not think that the doctrine can be applied to the case at hand. He argued, “In my opinion, the doctrine of necessity cannot assist. This doctrine applies when a crisis presents itself for reasons and circumstances that are unforeseen, unpredictable and unavoidable – not when it is intentionally caused either by omission or commission.”
Further, he claimed that Williams’ talk of a crisis is “preposterous”. In fact, Nandlall said that a crisis is already upon the nation with the expiration of the three-month period, during which elections ought to have been held.
“Now that September 18th has long gone, he (Williams) cries wolf that Guyana will go into crisis if the Opposition does not return to the National Assembly to extend the life of the Government. Total poppycock! Guyana lunged into constitutional crisis one minute beyond midnight on September 18th.”
He continued, “The Attorney General and the Government were the sole and exclusive architects of this constitutional tragedy. The Opposition, on the other hand, did everything possible to prevent it, including widespread street protests across the country.”
Williams is the latest government minister to urge the opposition to give its commitment to return to Parliament. Despite this, the PPP/C remains resolute. The party claims that the parliament is dead.
“The truth is that the eleventh Parliament of Guyana expired when the life of the Government expired. So constitutionally, there is no longer a lawful parliament to which the Opposition can return. Again, as much as they would deny responsibility for this disaster, history will properly hold them responsible.” Nandlall said.
