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Coming home to roost
January 23, 2000
Sir/Madam,
Well who’s the real politico or trade unionist now? The President, using the opportunity of what should be a routine replacement of Government Senators, has raised an entirely different bone of contention with the PM.
The President made the contents of his letter to his ‘former’ and present PM available to the media, making his grouse with the Fox public - real politico or trade union styling.
Let us put the matter of Senate appointments aside. According to the Constitution, section 40 (2), there shall be 16 appointed by the President “in accordance with the advice of the Prime Minister”. He appoints another 6 on the advice of the Leader of the Opposition and 9 “in his discretion”.
So, is it possible that the President can tell the leaders of Government or Opposition who they should appoint to the Senate? That in my view was not the intention. Otherwise, the President would be, in effect, both PM and Opposition Leader, a maximum leader.
The President has discretion in who is appointed when it comes to the 9 Independents and that is all.
Also, section 80 gives the President a discretion in appointing the Prime Minister in certain situations. For example, if the PM were sick, and unable to give advice to the President (section 78 (2)), or where there is no undisputed leader in the House of Representatives (section 76 (1)).
Further, sections 38 (1) and 80 (2) of the Constitution, seek to deny they Court’s any jurisdiction to enquire into the performance of his duties by the President or whether he has acted “in accordance with the advice of….” anyone on whose advice he is to act.
I suppose that the President is relying on these immunity protections in not making the Senate replacements on the advice of the PM and raising other issues instead and in making his position public.
Well, whether the Courts can enquire or not is arguable. We the people, are free to do so, since we are the real sovereign.
The issue the President raises is legitimate. He is expressing dissatisfaction at his ‘former’ and present PM for not carrying out his Constitutional duty to fully inform the President about the general conduct of the government.
However, this state of affairs and these developments have exposed that the political deals which resulted in Mr. Robinson occupying that office are finally revealing the inevitable consequences of such bartering for positions of power.
The existing Constitution requires radical surgery to effect democratic renewal – the sovereignty of the people, accountable representation, and a fully elected government structure, including the Head of State, with the right to recall, etc.
But even with its serious shortcomings, principle was sacrificed for expediency and now we live to see the result – the chickens are roosting!
The old Fox has no time to inform the President, no time to be political leader to his party, nor fulfill his promises (remember a debt is a debt and must be paid!). What has him so busy – making kuchur (forgive my spelling) with Gunraj, Ramesh and the rest?
The Opposition man expresses indignation at the PM’s manner in removing his Senators. Does he think that we have all forgotten how he fired a senior official by fax, as “father of the nation”?
Now, the President is playing politico and union tactics. What a sordid mess!!
The people of this country had better wake up. We must stop being voting cattle whose only political activity is staining fingers every five years. The people must intervene in the politics and reshape it to recognise the rights of human beings and shape a renewal of democracy with meeting of the needs of the people as its cornerstone.
HOMEPAGE
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