“There is a political agenda to target former President Jagdeo” – Nandlall

APNU MP Carl Greenidge

Attorney General (AG) and Legal Affairs Minister Anil Nandlall has expressed concerns over the parliamentary opposition’s consistent moves towards the denial of rights to Guyanese, using their one-seat controlling majority.
In a special interview aired on the National Communications Network, Nandlall and People’s Progressive Party/Civic (PPP/C) Member of Parliament Manzoor Nadir addressed the issue of the Former Presidents’ (Benefits and Other Facilities) Bill 2012, which was passed last week by the opposition in the National Assembly.
Nandlall stated that the most fundamental thing to be noted is “when you examine all they have done in the Parliament, manifested either by Motions or Bills, there is a common theme that runs throughout – they assault democracy, they deny rights and freedoms and they violate the constitution.”
Pointing to the gag on Home Affairs Minister Clement Rohee  as being a denial of a right to speak, he also pointed out that the Former Presidents’ Benefits and other Facilities Bill is a denial of a vested right to property in relation to former presidents.
He observed that a former president is not an ordinary person “and here you have people not in government, but in opposition, seeking to take away legal rights and entitlements of seemingly powerfully placed personnel. When they were in power, you saw this thinking being manifested; you saw the rigging of elections; compulsory acquisition of people’s property wrongfully without compensation; denial of people’s right to express themselves; refusal to allow newspapers to print; and a whole regime of denial of rights. Now in opposition, with a controlling vote in Parliament, you can see the same theme running through their actions,” the AG declared.

Jagdeo targeted

Former President Bharrat Jagdeo

He reiterated that the Former Presidents’ (Benefits and Other Facilities) Bill 2012 was designed specifically to target former President Bharrat Jagdeo and reeks of a vindictive intention to play politics with matters of great importance. He noted that historically, the issue goes back to pensions in Guyana.
The AG observed that, in 2004, the National Assembly fixed pensions for a number of constitutional office holders at seven-eighths of their last held salary. Those office holders include the president, the prime minister, the chancellor of the judiciary, the chief justice, judges of the High Court, members of parliament, government ministers, the speaker of the National Assembly, the director of public prosecutions, the commissioner of police and the auditor general, among others. “Significantly, in all the discourses, in all the criticisms, and during the campaign trail, not a single utterance was made about the pension of any of these office holders.  Former President Jagdeo was the singular target,” he said.
He emphasised that when the original bill was passed into law in 2009, there were two other bills which were approved contemporaneously, addressing benefits for the leader of the opposition and former first ladies. The bills were intended to put into law and to codify a common regime of  benefits which were always enjoyed by these persons since Independence.  “Again not a single word about these pieces of legislation,” noted the AG.
“The Leader of the Opposition Act contains a similar regime of uncapped benefits, but again, not a single word of criticism had been uttered of this legislation.  Hence, my contention is that there is a political agenda to target former President Jagdeo.”

Bill cannot apply

Attorney General and Legal Affairs Minister Anil Nandlall

The AG explained that, in any event, the bill cannot apply to or affect former Presidents Jagdeo or Hinds because the facilities which are conferred in the 2009 law amount to property in law, which is protected under article 142 of the Constitution as a fundamental right and, therefore, they cannot be taken away by any ordinary legislation, either prospectively or retrospectively.
Significantly, it cannot even apply to President Donald Ramotar because the 2009 act was in force when he assumed office and article 222 (3) provides that the president’s salary, allowances, terms of service and other benefits cannot be altered to his disadvantage after he assumes office. “The opposition therefore misled the population when they told the people during the 2011 campaign that they will reduce President Jagdeo’s pensions and benefits.  They must now explain why they cannot fulfill what they claimed was their major campaign promise,” Nandlall said.

MPs should return duty free concession
“If the opposition is so concerned about having more money available for the public servants, the rice farmers and the sugar workers as they claim, which indeed is quite laudable, I challenge them to give up the duty free concessions which they received as parliamentarians and pay back the monies which the State had to forego when those concessions were granted.  Having regard to the types of vehicles which are purchased with these concessions, each of these concessions costs approximately Gy$10 million,” the AG indicated

What will they do in govt
Should President Ramotar not sign the bill into law, he will send it back to the National Assembly with the reasons for his non-assent, Nandlall explained. “Then the Speaker can put it back to the Parliament. If it then receives two thirds support from the Parliament, then the president must assent,” he said.