Dear Editor,
Mr Basil Williams has reportedly told the press that “the Leader of the Opposition has been saying that he is not interested, but of course he is free to say whatever he likes in Church Street or on the streets of Georgetown or on the streets of Guyana…the real test is when Parliament resumes and the matter is called, he must go there and say that he is not complying with the Constitution”.
Firstly, for Mr Williams’ information, Guyana does not have a Leader of the Opposition since the Government fell on December 21, 2018, and legally expired on September 18, 2019. There is only one position officially alive today and that is the Head of State as prescribed by Article 89 of the Constitution. Guyana is a State and it must have a Head of State. So the role Mr Williams is playing today is subject to interpretation since, clearly, he has not been a legitimate member of a legal Cabinet since September 18, 2019. He can choose to bully his way into the National Assembly and infringe on its sanctity; that is an issue that the Speaker of the House will have to answer for, but under the Constitution, Guyana has no legal Minister or Cabinet in place.
Today we have a gang of executive outlaws parading as Ministers and at the same time claiming to be following the law. Since September 18, 2019, they have been attending illegal Cabinet meetings, illegitimately using public resources and are unlawfully incurring expenditures on taxpayer dollars.
The Head of each budgetary agency or their designated accounting officer must be put on notice and should be extremely careful with regards to what they are approving as expenses after September 18, 2019. The pertinent questions that they must ask themselves – is the payment properly and legally vouched and is it supported by a valid instrument of authority? If not, they are exposing themselves to being personally surcharged by the incoming Attorney General of Guyana.
There is no Cabinet and no Minister, only a Head of State and, therefore, there is no legal reason to finance the activities of usurpers who are illegally squatting in these roles. In the eyes of the law, Article 89 is the only applicable clause for consideration since, as I said, Guyana is a State and must have a Head of State until the next Head of State is sworn in, but in compliance with Article 106 of the Constitution, there are no Ministers or caretaker Ministers legally in place.
Finally, I want to put on notice all members of the Private Sector, before you conduct any business with the State, please ensure you have a clear contract which outlines which Department is incurring the charges. If it is to finance the Office of the Minister, there is a high likelihood that you will not be paid when the new Government is installed in March 2020. We have all now been put on notice. The financial pain to all those who offered services or facilitated the operations of these illegitimate Ministers will be massive.
Regards,
Sasenarine Singh