Legal proceedings filed by government may open a can of worms

Jan 06, 2019 Letters

Dear Editor,
The government through Compton Herbert Reid has moved to the Courts to nullify the no confidence motion passed in the National Assembly on December 21 last because the Speaker refused to accede to their request to reverse his no confidence decision. In the Motion, the government is seeking a conservatory order, preserving its status quo that it remains in office until the determination of the reliefs sought.
Interestingly, it is not contending that more than 33 votes are required to pass the motion as argued by Attorney General Basil Williams, and Nigel Hughes, another attorney in private practice, who is the husband of a government minister. The Motion is however challenging the vote cast by Charrandass Persaud who is purportedly the holder of a Canadian passport and ultimately has dual citizenship. In this light, the court is asked to declare that Charrandass was not qualified for election as a Member of the National Assembly because he is a Canadian citizen. Therefore, his vote in support of the opposition motion is null and void and of no legal effect.
This move will open a can of worms because Charrandass voted in support of several motions, which are now law and will pose a problem for the government. More so, it is believed that there are several members on the government side who have dual citizenship and who had voted in the past. The opposition PPPC is contending that Persaud was named as a parliamentarian by the government and they should have ascertained whether he was fit and proper to be a lawmaker. Moreover, his vote was used and was vital to pass many Bills. Therefore the government is now putting the entire nation into chaos by invalidating everything done and every law passed in Parliament since 2015.
In a statement, the PPP said “we maintain that the No Confidence Motion was validly passed and the Speaker’s ruling that it was so passed, accompanied by the Clerk’s affirmation, cannot be enquired into or interfered with, by the Judiciary. Moreover, the Judiciary has no jurisdiction to violate or extend any time frame prescribed by the Constitution, since the Constitution is supreme and the Judiciary is subject to the Constitution, not vice versa”
Senior Counsel Rex Mc Kay is leading a battery of lawyers on behalf of government including Stanley Moore, Robert Corbin, two former ministers in the PNC administration, plus Neil Boston another senior counsel and Bretina Glasford. Up to the time of writing, it is not known who will represent the PPP, but the party in a statement said that the Judiciary has no power to extend the 90 day deadline for holding elections and added that “we will join the proceedings and we ask other interested parties who wish to take an active part in the protection of our Constitution and democracy to do likewise.”
In the light of the importance, this issue will reach to the highest court of the land, the Caribbean Court of Justice… first a judge at first instance (most likely the Chief Justice) then the Guyana Court of Appeal before it reaches the CCJ. It is expected that the Courts will use their initiative and schedule early dates. However, the PPP lawyers should take the initiative to request speedy hearings in all the courts.
Yours respectfully,
Oscar Ramjeet

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