GUYANA- Court rules vote of No Confidence Valid

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Chief Justice Roxane George-Wiltshire on Thursday ruled that the no-confidence motion was validly passed.

In that regard, she said the President and Cabinet would have to resign and pave the way for elections within 90 days.

The 90-day period expires on March 19, 2019.

The Guyana Elections Commission’s administration will next week present optional time-frames for holding elections.

The constitution provides for the time-frame to be altered by a two-thirds majority of the National Assembly.

Attorney General Basil Williams applied for a stay of the judgement and a conservatory order for the government to remain in office until the appeals are heard right up to the Caribbean Court of Justice.

The Chief Justice said the absolute majority in Guyana’s  65 member National Assembly is 33 and so the motion was passed by the required number of votes.  She said the Vanuatu case is not applicable because that Parliament is an even number of 52 and so an absolutel majority would be 50 percent plus 1.

Responding to the Attorney General’s application, the Chief Justice advised that an appeal be filed. She said there could not be a stay and conservatory order into the answers sought.

The Chief Justice noted that dual citizens elected to sit in the National Assembly is unconstitutional. At the same time, she noted that proceedings of the National Assembly  are not invalidated as a result of ineligible persons being parliamentarians. Then government parliamentarian Charrandass Persaud, who voted for the opposition-sponsored no-confidence motion is a Guyanese-Canadian.

On the question of  Persaud failing to inform the House Speaker, Dr. Barton Scotland of his intention to no longer support the list, she said that did not affect the validity of his status as a parliamentarian.

3 COMMENTS

  1. NO CONFIDENCE – THE TREND

    When the elected/appointed were seen to have failed the people, there was ‘…No Confidence.’

    When there was ‘…No Confidence in Governance,’ they resort to Parliament to decide.

    Invariably, they make ‘…mockery of themselves; …abuse their powers,’ then exploit the Judiciary.

    When there was ‘…No Confidence’ in the parliamentary results, they proceed to the Judiciary to make determinations.

    When there was ‘…No Confidence’ in first instance Court rulings, they proceed to the final Appellate Court.

    Recognize that these are all part of the ‘…principles of democracy and the judicial system.’

    It would be interesting to see if the ‘…President and his Cabinet’ would further expend ‘…State Resources’ by proceeding to its final Appellate Court, ‘…Caribbean Court of Justice (CCJ)’ to show its ‘…lack of Confidence in its own Judiciary.’

  2. @ Pompey
    That was a slick dig at our politicians who only trust ‘ our own ‘ as long as they rule in our favour.
    See LB Bird.

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