Nadir has set the cat amongst the pigeons

Aug 26, 2014 Features / Columnists, Peeping Tom

PPPC’s Member of Parliament, Manzoor Nadir has set the cat amongst the pigeons when he said that in order for a vote of no-confidence against the government to take place, all the elected members of the National Assembly must be present.
In other words what he is saying is that if the PPPC members decide to not attend the sitting at which the motion is debated, the vote cannot be taken, and if taken, would be unconstitutional.
If the PPPC believes that the vote is unconstitutional, it can seek judicial redress to correct this constitutional misadventure. The implications of this could mean extended legal arguments running into years during which time elections cannot be held. In other words, what Nadir is suggesting is that the government can nullify the no-confidence motion by not attending the debate.
Therefore, regardless of whether Nadir is correct or not, the PPP can exercise its right to judicial review of the constitutionality of a no-confidence vote and this review can place on hold any elections.
This position by Nadir has been rubbished by one of APNU’s Members of Parliament.
The Constitution of Guyana at Article 106 (6) states: “The Cabinet, including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.”
Nadir has interpreted the phrasing “the vote of a majority of all the elected members of the National Assembly” to mean that all of the members must be allowed to vote. Or in other words, if the government members do not turn up, the government cannot under our constitution be said to have been defeated by a majority of all of the members.
The Courts are the guardians of the Constitution. Anyone who feels that a measure is inconsistent with the Constitution has the option of approaching the Courts for redress. Such an approach on this question would mean that legal proceedings can be dragged out indefinitely, thus placing on hold the requirement that the government should call elections within three months.
There has been, as stated, a rejection by APNU of this interpretation. It is contended that all that is required is for a majority of the elected members to support the no–confidence motion and not simply have every elected member present before the vote can be taken.
This may sound a plausible explanation, but constitutional interpretation is not as simple as it seems. The interpretation of Article 106 (6) must be read against the background of Article 180 which provides for an investigative mechanism to be activated that could lead to the removal of the President if no less than one half of all the elected members of the National Assembly first signal that the President has committed any violation of the Constitution or any gross misconduct. Under this provision, the Chancellor is required to appoint a tribunal to investigate the charges. If the tribunal finds that the allegations have been substantiated, then it requires a two-thirds majority of all the elected members to force the President to step aside.
The relevance of this provision to Article 106 (6) is the standard required to investigate and remove the President for gross misconduct as against the removal of the entire government, including the Cabinet. If to trigger an investigative tribunal whose findings could lead to the removal of the President first requires that one half of all the members of the National Assembly have to first file a complaint then two-thirds of all the members have to vote for the dismissal of the President, how is it then that under Article 106 (6), only a majority of the members and not a majority of all the elected members are required to vote?
It is therefore not a simple matter as some would have us believe. But it is an important question on which the Courts should be allowed to pronounce. Guyana’s constitutional democracy would be enhanced by such a ruling, that is a ruling as to whether all the elected members of the National Assembly are required to be present before a vote of no-confidence can be taken.

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Nadir has set the cat amongst the pigeons

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