Setting of elections date in keeping with the Constitution – Nandlall

President Donald Ramotar has no obligation to dissolve Parliament before announcing a date for General and Regional Elections, Attorney General and Legal Affairs Minister, Anil Nandlall said, as he poured cold water on criticisms made by the other political parties and the Guyana Trade Union Congress (GTUC).

Hours after President Ramotar announced that elections will be held on May 11, GTUC issued a statement condemning the act, contending that the life of the 10th Parliament should have been dissolved before a date was set for elections.

“GTUC condemns the continued prorogation and the ignoring of this by the Donald Ramotar regime, which must know fully well that the life of Parliament has to end. What the president has done is unprecedented in post independent Guyana,” the trade union said.

But Minister Nandlall made it clear on Wednesday, that the summoning, prorogation and dissolution of Parliament are matters that the Constitution resides exclusively with the President. “These powers and discretion are largely uncircumscribed, except for certain time constraints, none of which are relevant in this context. Perhaps these are not matters about which one ought to speculate, they are specifically provided for under the Constitution,” he said.

Many things which have unfolded in recent times are unprecedented, the Legal Affairs Minister said as he pointed to the minority Government which came into power following the 2011 General and Regional Elections, the cutting of the National Budget by the Opposition although it was declared unconstitutional by the High Court, the voting down of important pieces of legislation which are vital to national interest and attempts to move a no-confidence motion against the Government.

“The term ‘Constitutional crisis’ seems to be a phrase, frequently used to clothe irrational contentions which a veneer intellectually. So the breeze blows a little hard and there is a cry of Constitutional crisis,” Minister Nandlall added, stating clearly that there can be no crisis when there is constitutional compliance.

GTUC had also said that until elections are held, the Ramotar Administration will continue to spend taxpayers’ money without the involvement, oversight and approval of the nation’s highest decision making arm – the National Assembly. According to the union, “this lawless and reckless behaviour must be condemned.”

But the Attorney General said no crime is being committed. He explained that Article 219 of the Constitution and the Fiscal Management and Accountability Act, empower the Government to spend one twelfth of the budget of the preceding year until an Appropriation Act is passed.

“This position obtains, whether Parliament is in session or not, or whether there will be elections or no elections. Indeed, if Parliament was in session, the National Assembly could not have prevented this constitutional and legal formula in relation to spending during this period from being applied,” he stated.

Minister Nandlall said too, that GTUC must consider the fact, that the Government had warned the Opposition of the consequences, if it had proceeded with a no-confidence motion.

He said President Ramotar not only warned the Opposition, but pleaded with A Partnership for National Unity (APNU) and the Alliance for Change (AFC) not to proceed along that route, as he offered alternatives. A prorogued Parliament is the consequence, Minister Nandlall said.