No-confidence motion… Govt. files court action challenging vote count

Jan 08, 2019 News

Yet another court case has been filed to challenge the no-confidence motion, which was passed in the National Assembly on December 21, last.
The action filed by the Government represents the second litigation against the motion following last week’s refusal to reverse the ruling, by Speaker of the National Assembly Dr. Barton Scotland.
The first case was filed by Compton Reid, a private citizen, against the Speaker of the National Assembly; Charrandass Persaud and the Attorney General’s Chambers.
Reid requested that the no-confidence motion against the Government be quashed on the ground that expelled Alliance For Change (AFC) parliamentarian Charrandass Persaud, who voted with the Opposition, has Canadian citizenship
The litigant is asking the Court to nullify the motion, since it is his contention that Persaud acted in contravention of Article 155 (1) of the Constitution of Guyana which basically forbids Members of Parliament, from holding allegiance, obedience and adherence to a foreign powers.
However, in this latest action, the Attorney General (AG) Basil Williams is challenging the Speaker of National Assembly Dr Barton Scotland and Leader of the Opposition, Bharrat Jagdeo.
According to court documents seen by this newspaper, AG Williams is seeking the Court’s determination of a number of questions, which arose as result of the motion.
Among the issues listed for clarification, is whether the Speaker’s ruling that the motion of no-confidence debated in the National Assembly on the December, 21 2018 was carried by a vote of a majority of all the elected members of the National Assembly.

Attorney General Basil Williams

AG Williams has asked the Court to determine whether the motion of no-confidence upon a division vote of 33:32 members of the National Assembly was validly passed as the requisite majority of all the elected members of the National Assembly pursuant to article 106 (6) of the Constitution; or whether the requisite majority of all the elected members of the National Assembly ought properly to be 34 votes.
The Attorney General states, “The National Assembly of Guyana comprises 65 members and that mathematically, half of all the elected members of the current National Assembly would result in a fraction of 32.5. In the instant case as half of 65 results in the fraction of 32.5, that figure should then be rounded to the next whole number being 33, which would now represent half of the elected members, the majority thereby being a number greater than half means that ‘1’ ought to have been added to the whole number ‘33’ to calculate an absolute majority of 34.”
Given his contentions, the AG said that the State is seeking the Court‘s clarification of whether the President and all ministers of the Government can remain in Office as a majority vote was not duly carried in accordance with Article 106 (6) of the Constitution.
Further, the State is asking “Whether the Court has jurisdiction to make an order setting aside or nullifying the Speaker’s ruling that the motion was carried; an order staying the enforcement of Resolution 101 declared by the Clerk of the National Assembly to have been passed on December 21, 2018 in the National Assembly.”
He said that it is essential to know if the court can grant a conservatory order, preserving the status quo ante that the President and all Ministers of the Government remain in office until the hearing and determination of the questions sought herein.
The AG Williams nonetheless noted that the matter was filed after the House Speaker on January 3rd, 2019 said to the National Assembly that the issues surrounding the no-confidence vote should be settled by a Court.
In referring the matter to the court, Dr. Scotland said, “I must tell you Honourable members that the issues, which we now face call us to look outside of the Parliament to find answers… a full, final and complete settlement of these issues by a Court of competent jurisdiction will place beyond doubt any questions which may exist and serve to give guidance to the Speaker and the National Assembly.”

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