CCJ sets February 28 to hear Presidential term limit case

Feb 07, 2018 News

The Caribbean Court of Justice, (CCJ) has set a date for the hearing into the Presidential Term limit matter.
According information posted on the CCJ Website, the date listed for hearing the matter at the Regional Court is February 28, 2018 at 10:00 am.
The matter is related to a ruling based on a Constitutional challenge, filed on behalf of Georgetown resident, Cedric Richardson, in February, 2014.
The applicant argued that Act 17 of 2001, which was passed by a two-thirds majority of the National Assembly, was unconstitutionally, curtailed and restricted his sovereign and democratic rights and freedom as a qualified elector to elect former President Bharrat Jagdeo as the Executive President of the Cooperative Republic of Guyana.
He also wanted the court to determine whether the amendment with a referendum should not have been held, instead of the two-thirds majority in the National Assembly having the powers to decide to limit the number of terms.
After several months in the court, former Chief Justice Ian Chang ruled in favour of Richardson’s argument, setting the stage for Jagdeo to have a third term as President.
However, the decision did not sit well with Attorney, General Basil Williams and the APNU/AFC Administration. Williams moved to the Court of Appeal to overturn the decision.
In his Appeal, Williams posited that Justice Chang “erred and misdirected himself in the law” in ruling that the National Assembly which passed Act No. 17 of 2001 is unconstitutional and of no effect as it failed to comply with Article164 (2)(a) of the Constitution. The Court Of Appeal subsequently upheld a decision by former Chief Justice Ian Chang, ruling that the two-term presidential limit is unconstitutional.
With a decision of two to one, the court dismissed the appeal made by Attorney General (AG) Basil Williams to overturn the judgment of the former Chief Justice (CJ), which essentially stated that an elected President can run for more than two terms.
Former Chancellor of the Judiciary, Carl Singh, was supported by then Justice of Appeal, B.S Roy in upholding Justice Chang’s decision. However, then Chief Justice (ag) Yonette Cummings-Edwards, who also sat on the panel, gave a dissenting judgment
The State later mounted a challenge to CCJ following a ruling the Court Of Appeal which upheld a decision by former Chief Justice Ian Chang, that rendered the two-term presidential limit unconstitutional.
In the matter, which is set to come up on February 28, the State is likely to retain the services of two Barbadian attorneys in the Presidential Term limit matter set for the Caribbean Court of Justice (CCJ).
Attorney General and Minister of Legal Affairs, Basil Williams S.C recently spoke of the likelihood of Government retaining the services of two Barbadian Queen’s Counsel, Ralph Thorne and Hal Gollop.
Thorne and Gollop are already retained by the State in the legal challenge the Government is facing over the unilateral appointment of Justice Winston Patterson as Guyana Elections Commission (GECOM) Chairman.

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