POLITICS-GUYANA: Crisis Deepens as President Defies Court Order

By IPS Correspondents Reprint | | Print |

Bert Wilkinson

GEORGETOWN, Dec 23 1997 (IPS) - The open defiance of a court order by new President Janet Jagan has many Guyanese looking on in awe and wondering if the country is headed into deeper political crisis.

Despite a court order barring her from carrying out duties as President, Jagan was presiding over the swearing in ceremony of several Cabinet ministers at the Presidential Secretariat even as Chief Justice Desiree Bernard was fixing Dec. 30 for a second appearance of parties involved in a court challenge filed Friday disputing the results of last week’s elections.

Jagan, the American wife of late President Cheddi Jagan was Friday evening sworn in as President of this English-speaking South American Republic. She was made head of state at a secret swearing in ceremony presided over by Judiciary Chancellor Cecil Kennard and Elections Commission Chairman Doodnauth Singh.

Singh said the ceremony was done in secret based on advice from the military about the possible declaration of a state of emergency in the wake of violent protest from opposition supporters unhappy with Jagan being named head of state before the counting of ballots had been completed.

But both Army Chief Brigadier Joseph Singh and Police Commissioner Laurie Lewis flatly denied advising Doodnauth Singh to conduct the ceremony quickly and without prior public announcement.

Singh had declared Jagan the winner at midday Friday despite protest from most of the nine other parties which contested the election and in particular the main opposition, People’s National Congress (PNC) that there were many irregularities and a call for a recount. At that time, Jagan’s People’s Progressive Party (PPP) had a lead of 45,000 over the PNC.

But even while lawyers for the two sides were in court Monday to begin the legal challenge to the Jagan presidency, the PPP leader was almost simultaneously swearing in Prime Minister Samuel Hinds and several other Cabinet ministers.

Attorneys say this is in contravention of a prohibition order Bernard made Friday barring Jagan, 77 from performing the duties of President until the entire situation is clarified.

The swearing in of Cabinet members has prompted calls for contempt of court proceedings against her for flouting the court order. Miles Fitzpatrick a senior counsel and Jagan’s close friend, said that given the fact that the court order has not been reversed any action taken as President by Jagan would put her in contempt of court.

“We are not in any form of legal limbo. The order has not been set aside. It still stands and it bars Mrs. Jagan from performing the duties as President,” said Fitzpatrick who is a member of the high-powered team of lawyers representing the PNC in the court challenge.

The swearing in of the ministers has put the administration on a collision course with the court system and analysts say a serious Constitutional crisis looms.

The current Constitution protects both a sitting and retired President from court action. But with the court order in effect and the judiciary ruling that Jagan is not duly and legally elected President the way is clear for contempt of court proceedings to be brought against her.

Even as lawyers were researching the case and show windows of stores remained barred with plywood and inch-thick steel plates, for fear of rioting, calls for an interim government to run the country are growing.

The Guyana Human Rights Association (GHRA) Monday suggested a recount and verification of votes tallied by the Commission. Saying peace without justice and tolerance will always remain fragile and uncertain, the body asked Jagan to step down voluntarily and let previous PPP President Samuel Hinds run the government until the dust clears.

It also asked that Elections Commission Chairman Doodnauth Singh resign, and that steps be taken to ensure all races are represented in a new Cabinet, be it interim or one run by Hinds.

These latest developments come a day after police defused two bombs found four kms from the north Georgetown home of Jagan.

Detectives have so far refused to link the devices to an attack on Jagan, theorising that someone might have panicked and simply dropped the bomb near her home.

PNC Leader Desmond Hoyte has also not helped to ease the tension by vowing to make the country “ungovernable” for Jagan, saying mass protests, legal challenges and marches will be the order of the day.

“The PNC will use every means at its disposal within the law to overturn the decision. Our protest will be peaceful and orderly, but massive. We shall shut the country down,” said Hoyte.

He has also indicated that the PNC has the military on its side, as reports are that 90 percent of that body voted for that party.

The parties return to court on Dec. 30 to begin arguments. Analysts say the situation is likely to have a negative impact on the country’s economy as investors could begin to view Guyana as unstable.