 political maturity constitutional compliance more vital than their reforms political maturity constitutional compliance more vital than their reforms political maturity constitutional compliance more vital than their reforms webmaster mon 9252017 1143 while many feel that much of guyana s political issues will be solved with proper constitutional reform former attorney general anil nandlall is saying no while he admitted that constitutional reform is important nandlall thinks that the solution to the issue is more fundamental nandlall said that guyana needs more matured politicians who are prepared to stay true to the existing constitution the politician made his views known as he delivered remarks at the turkeyen and tain talks 9 sponsored by the university of guyana the event was hosted at the pegasus hotel on thursday evening under the theme constitutional reform to court brave change or to leave well enough alone at that forum nandlall was keen to note that his position as reflected in his opinions is not synonymous to the position held by the people s progressive party of which he is an executive member nandlall told those who gathered that the international community seems hell bent on constitutional reform he noted the carter centre desires to see constitutional reform the british high commissioner has expressed his government s disappointment at the slow movement towards constitutional reform a team visiting recently from the united nations advocated for constitutional reform constitutional reform was a major plank of the apnu afc s manifesto at the 2015 general and regional elections nandlall said that academics and jurists alike have often described constitutions like ours as organic and alive he said that he subscribes to this view therefore like any other law nay more than any other law our constitution must necessarily remain dynamic and under constant review with a view of reform so that it can adapt to meet the exigencies of a changing and evolving society therefore said nandlall the nature and magnitude of constitutional reform must be driven and determined by the society itself in which the constitution operates that view is also held by the british as expressed recently by its high commissioner greg quinn however nandlall said that while constitutional reform is important it is not the prognosis to the many political and social ills diagnosed in guyana nandlall said that the last major set of constitutional reforms occurred in guyana in 2001 where about 200 fundamental changes were made to the then constitution nandlall asked has our society evolved so drastically over the ensuing 17 years to precipitate the monumental constitutional reforms which are now being contemplated i do not see cogent and compelling reasons being advanced for constitutional reform neither do i see efficacious proposals of the reform themselves in my view only when these two sets of information become available for scrutiny that one can make an informed decision on the matter therefore i have questions he continued are we being pushed to constitutional reform because of foreign influence have we convinced ourselves that our constitution and the breadth of its provisions do not meet the needs of the people of guyana and are therefore ineffective and unworkable nandlall said that when public officials comply with constitutional measures and prescriptions there is no room for a challenge to their actions on the ground of a want of constitutionality problems however arise he said when public officials either deliberately or out of ignorance violate the provisions of the constitution it is in these circumstances that some are wont to say that provisions of our constitution are ineffective and unworkable i however respectfully submit that deliberate violation of or noncompliance with the provisions of the constitution in governmental affairs by public functionaries do not equate to ineffectiveness or unworkability of the scheme of our constitution justifying an ill considered rush to constitutional reform said nandlall as a case in point nandlall noted the fact that the constitution insulates the service commissions from any direction or influence from any other body or authority he said however it is now public knowledge that in two successive years two different ministers of government wrote to two different service commissions purporting to issue directions to them from the president not to proceed with the discharge of their constitutional duties a clear violation of the constitution does this render the constitution ineffective and unworkable to justify its reform i think not and on this particular issue what are we reforming the constitution to achieve would it be to remove the protective insulation with which these commissions are clothe so that they can actually be directed and influenced by extraneous bodies and authorities i hope not further nandlall said that he is not oblivious to the fact that one major component of the reforms which is being canvassed seeks to constitutionalize an arrangement for executive power sharing between and among the major political parties of the country he called this a noble ideal but questioned do the level of maturity trust and magnanimity which are the prerequisites for such an arrangement to work exist in our political environment to highlight guyana s reality in this regard nandlall again turned to more examples he said that there is no greater constitutional expression of political power sharing in the current constitutional matrix than the appointment of the chief justice and chancellor of the judiciary and the appointment of a chairman of gecom he said that in respect of all these appointments the constitution mandates processes which require the input of both the leader of the opposition and the president the appointments require the agreement of the leader of the opposition before the president can make a final decision nandlall noted that since this provision was introduced into the constitution in 2001 no appointment has ever been made successive leaders of the opposition withheld their agreement from the appointment of the incumbent holders of those offices not a reason was ever given nandlall said that in relation of the appointment of a chairman of gecom a list of six names must originate from the opposition leader to the president for him to select one for appointment 18 names have been submitted by the leader of the opposition over the last nine months an appointment is still to be made a hitherto seamless and straightforward constitutional process has suddenly become complex complicated and controversial simple and clear language of the constitution has suddenly become obscure ambiguous and unequivocal nandlall said that with those considerations it is clear to him that the need for constitutional compliance trumps the need for fundamental constitutional reforms article adapted from  https wwwkaieteurnewsonlinecom 20170923 politicalmaturityconstitutionalcompliancemorevital  turkeyen tain talks anil nandlall 