…in PNC government
This desperate attempt by the PNC and its camp followers like the AFC and WPA to justify their continued occupation of office – to continue enjoying pelf, perks and power – has exposed some as real jokers. Take, for instance, this fella Khemraj Ramjattan. He used to be famous for ejaculating, “Haul yuh ass!” to reporters who asked him uncomfortable questions. Like exactly how was he going to survive the smell of dead meat for the five years with the PNC, after he hitched up with them! Well now we know…the smell seems to have acted like a truth serum and he now ejaculates some home truths about what’s going on in the minds of the coalition.
He was debating Edghill from the PPPC on a radio show and was badgered by the latter as to how come they were carrying on about obeying the CCJ’s ruling on the Constitution’s Art 106 (6) and yet the President and Cabinet hadn’t resigned as demanded by the Article after the passage of a NCM. And this is what Ramjattan – supposedely a lawyer – ejaculated: “The article is a legal fiction”!! Mouth open and story jump out!!
This now explains the behaviour of Granger and his myrmidons ever since that fateful night of Dec 21, 2018! They don’t have to abide by the strictures of the Constitution ‘cause they’re all “legal fictions”!! Why not obey Art 162 (2) and only appoint a GECOM chair from a list provided by the Opposition Leader?? That’s a legal fiction!! Granger can continue to appoint party hacks like James Patterson either unilaterally – as he did before – or by insisting that the Opposition Leader accepts his (Granger’s) nominations on his (Opposition Leader’s) list!!
But what Ramjattan hasn’t noticed, or pretends he hasn’t noticed, is that the “legal fiction” principle on the Constitution is always only applied when it benefits the PNC. After Ramjattan and his (then) sidekick Nagamootoo were suckered into joining the PNC via their Valentine Day “Cummingsburg Accord”, Granger never kept the main promise that Nagamootoo would preside over Cabinet meetings. He insisted that according to Art 106 (3) “Cabinet meetings shall be presided over by (a) by the President. And poor Nagamootoo was out like south!! Granger never suggested he could raise the proposal that the clause was a “legal fiction”!! Nagamootoo couldn’t even sit on the left hand of Granger.
But even as early as then, the dead meat smell mustve gotten to Ramjattan and Nagamootoo. They never pointed out that ART 106 (2) (b) says the PM could preside “in the absence of the President”.
All Granger had to do was not show up!! And that ain’t no fiction!!
For a while, GECOM CEO Major (retd) Keith Lowenfield had your Eyewitness thinking he was also a follower of the “Constitution as a legal fiction” school of thought. As dissected yesterday, he’d turned cartwheels to explain why he launched H2H registration – even though that would’ve taken elections beyond the CCJ’s mandated Sept 18 deadline. He said, in true army command style, he was “only following orders”!!
But he followed the orders after his commanding officer was declared to have been a fake!! As a well-trained army officer, he would know that “just following orders” doesn’t spare him from at least being court marshalled – even if his superiors hadn’t been disqualified. Didn’t all those German officers at the Nuremberg Trials also say they “were just following orders”? Didn’t cut it!! But suddenly Lowenfield did a volte face and recanted everything about the H2H being the only road to electoral salvation! Some folks are excited…but not your Eyewitness.
Lowenfield did order the H2H, which is still ongoing. He should face that firing squad. And ain’t no legal fiction!!
…in High Court?
The Chief Justice agreed the CCJ ordered elections must be held by Sept 18. But said she needed evidence to show this was the case.
Couldn’t she’ve taken judicial notice of Patterson’s order to Lowenfield?? Or was it invisible?