Engineers' group proposes six-year
electoral terms
--parties to share power according to votes
received
Stabroek News
April 25, 1999
A "judicious sharing of authority" is among the constitutional
innovations proposed by the Guyana Association of Professional
Engineers (GAPE). The association contends that its proposal would
address the failing of people to judge what is conducive to their
long-term interests even though they are often the best judges of their
immediate gratification.
Among other things, the proposal calls for separate municipal and local
government elections which would be contested on the first-past-the-post
system. The proportional representation system would be retained for
general elections which would be held at six-year intervals. GAPE called
too for the lists of candidates to be submitted in the preferred order of
priority by the parties contesting the elections.
Also, the proposal recommends that the party which obtains the largest
bloc of votes would provide the President, who would hold office for the
first three years after the election. The Prime Minister for the first three
years would be appointed from the party with the second largest bloc of
votes, provided that the votes are in excess of 30 per cent of the votes
cast at the elections. The President and Prime Minister will switch
offices for the second three years.
At the time of the change over, the proposal provides that the incoming
President could request a re-shuffle for grounds of efficiency once the
proportional representation system within the Cabinet is maintained.
The proposal recommends too that any party which polls in excess of 30
per cent of the votes at the national elections would be eligible to an
allocation of Cabinet posts in accordance with the percentage of votes it
obtained.
As a condition of eligibility to contest the elections, the proposal calls for
political parties to agree on a national development strategy and to
submit a six-year development plan which accords with this strategy.
The plans, the proposal says, would be an indication of the priorities or
modifications to the national development strategy they would pursue
were they to emerge as the majority party.
This requirement GAPE says is not "only to test the genuineness and
political maturity of the party" as should it obtain 30 per cent of the vote,
its plan would be used in association with the national development
strategy to produce an outline plan for action over the six-year period.
The proposal calls for Cabinet portfolios to be fixed and not changeable
according to the convenience of the President. It recommends that the
portfolios related to finance, agriculture, transport, education, health,
works and foreign affairs should be considered the more important ones
and that the premier party should have first choice of three of them. The
proposal also allows for the appointment of up to four technocrat
ministers without any party affiliation.
To oversee the legislative programme GAPE calls for the establishment
of a six- to ten-member Commission of Legislation "of able and
intelligent persons of some intellectual maturity whose duty would be to
oversee the legislative programme and ensure its relevance and
effectiveness in our society."
The members of the commission, according to GAPE, would be selected
by the parties in the government and would hold office for six years.
They would not be parliamentarians and would be responsible only to the
President and would be drawn from the Trades Unions, religious
organisations, women's organisations, professional associations, the
private sector and educational bodies.
With the regard to the parliamentary arrangements, GAPE has proposed
the establishment of parliamentary select committees for science and
technology, finance, law, land reform and consumer affairs.
These committees would comprise parliamentarians and nominees from
the relevant non-governmental organisations agreed by the parties in the
government.
Also proposed is the establishment of parliamentary select committees
to interview and determine at public hearings the suitability of nominees
for ministerial positions and ambassadorial posts.
GAPE also proposes that the President should not be immune at any
time from prosecution and must be a Guyanese by birth without any
foreign citizenship as should the Prime Minister, Ambassadors and High
Commissioners. GAPE says that this requirement is to "ensure that
there would never be the perception of conflict of national interest."
GAPE says that its proposal would have, among others, the advantage of
engendering the feeling in a political party, serious about governance,
that it has a chance of sharing authority in running the country or
promoting the ideals it cherishes.
"The intention of sharing of authority between contesting parties gives
one the chance of correcting or neutralising any extreme measures which
the other may introduce because theirs would be a change in primacy
after three years."
Also, another advantage according to GAPE, is that there "will be a
built-in incentive on the part of ministers as they would be faced with the
prospect being replaced after three years. On the other hand an efficient
minister could be retained across party lines if he is real good."
Also, because of the prior agreement on a national development
strategy, GAPE says its proposals will have the advantage of ensuring
that the electorate is not "burdened or confused by lengthy manifestoes.
Instead, they would have a chance of assessing the quality of their
proposals by their adherence to a development plan directed towards
attaining progress over many years."
With regard to securing and maintaining the independence of the
judiciary, GAPE proposes that the Judicial Service Commission (JSC)
should be so constituted that the nominees of the Guyana Bar
Association are 50 per cent of its membership.
It said that the JSC would "prepare guidelines for the selection of judges
which would be strictly observed in their application."
The proposals also provide that the JSC be chaired by the Chancellor of
the Judiciary but he would not have a casting vote and the selection of
judges would be made by a simple majority of the commission members
who favour the appointments.
To attract to the judiciary persons of the highest character and learning,
GAPE proposes that among other conditions, judges should enjoy tax
free salaries; enjoy tenured employment up to age 70; be ineligible for
any national award or and should not be allowed to take up any political
or ministerial appointment until after their retirement; should not be
allowed to practice at the bar after retirement; and enjoy a pension
equivalent to their salary on retirement. The proposal says too that
judges should not hold dual citizenship.
GAPE contends that a judiciary of the highest quality is the only
guarantee for a well-respected constitution. Also that while its proposal
is not a "formula which would guarantee efficient selection" it could only
"affirm that the judiciary should keep its mind clear from the disturbance
of party feelings and there should be constitutional approbation for its
independence."
GAPE says that "it might even contribute to a national sense of
rectitude if judges disqualified themselves from voting."
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