By Mark DaCosta- A significant political controversy continues in our nation’s Parliament, centering on Dr. Asha Kissoon’s prolonged occupation of a parliamentary seat beyond the stipulated time frame agreed upon under a Memorandum of Understanding (MoU). Dr. Kissoon, a member of The New Movement (TNM), originally assumed office in April 2023, stepping into a rotational opposition seat as per the MoU signed after the 2020 elections. This MoU, involving TNM, A New and United Party (ANUG), and the Justice Party (LJP), aimed to regulate the sharing of a single parliamentary seat based on vote shares from the election.
Under the terms of the MoU, TNM was entitled to occupy the seat for 91 days. However, Dr. Kissoon’s tenure extended beyond November 2023, the agreed-upon end date, sparking criticism from ANUG, which was next in line to occupy the seat. ANUG officials have voiced concerns over what they perceive as a breach of trust and democratic norms, especially since Dr. Kissoon had reportedly indicated a willingness to vacate the seat by February 2024 but has not followed through on this commitment.
The legal implications of Dr. Kissoon’s continued occupancy have prompted debates within both Parliament and the Guyana Elections Commission (GECOM). According to Article 156 of the Constitution of Guyana, the conditions under which a Member of Parliament (MP) can vacate their seat are clearly defined. These include resignation, extended absence from parliamentary sittings, loss of citizenship, or disqualification under specific circumstances. Importantly, GECOM has clarified that it does not possess the authority to remove Dr. Kissoon from Parliament, emphasising that such matters fall within the domain of parliamentary procedures and constitutional provisions.
The saga began with the 2020 elections, where the three parties — LJP, ANUG, and TNM — agreed to merge their votes to secure the single opposition seat in Parliament. Initially, LJP’s leader occupied the seat, fulfilling the rotational agreement for two and a half years before resigning in March 2023. Dr. Kissoon then assumed office and was subsequently elected as Deputy Speaker, a position previously held by LJP’s leader Lenox Shuman.
The Clerk of the National Assembly has affirmed that Parliament lacks the authority to forcibly remove Dr. Kissoon from her position, reiterating that any vacancy must be initiated through resignation or other constitutional means.
Meanwhile, GECOM has acknowledged the ongoing discussions surrounding Dr. Kissoon’s tenure and has committed to publicising any outcomes resulting from these deliberations.
As the debate continues, stakeholders across political and legal circles are closely monitoring developments, anticipating potential actions that could resolve the dispute and uphold parliamentary decorum. Dr. Asha Kissoon, meanwhile, continues to fulfill duties within Parliament, including attending recent sittings as Deputy Speaker.
The evolving nature of this controversy underscores the challenges inherent in coalition politics and the enforcement of political agreements within our political framework. With all eyes on GECOM and parliamentary proceedings, the resolution of Dr. Kissoon’s extended tenure remains a pivotal issue being closely watched by observers.
