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Decision in No- confidence expected today
Chief Justice Roxane George is expected to hand down her ruling, today, in closely watched cases filed against the no -confidence motion against the government. The court has been considering arguments in three major cases filed since the motion was carried on December 21, 2018.
In the first court action, private citizen Compton Reid, who through Senior Counsel Neil Boston, is challenging the validity of the no-confidence vote on the basis that expelled Alliance For Change (AFC) parliamentarian Charrandass Persaud was not qualified to vote, since he is a citizen of Canada.
In relation to this application, the Chief Justice, (CJ) granted permission to Attorney General Basil Williams to make submissions in relations to Article 70 of the Constitution of Guyana, which according to him, provides for government to run its five-year course.
The Court granted Opposition Leader Bharrat Jagdeo and General Secretary of the A Partnership for National Unity (APNU), Joseph Harmon, approval to join in Compton Reid’s application a
Chief Justice Roxane George
s interested parties.
Additionally, Attorney-at-law Christopher Ram, had petitioned the High Court for a declaration that the no-confidence motion was properly, validly and lawfully passed by the National Assembly.
Through his Attorney-at-law Kamal Ramkarran, Ram is also seeking a declaration that the passage of the no confidence motion requires the resignation of the Cabinet including the President with all convenient speed.
In these proceedings, the Attorney General and Leader of the Opposition Bharrat Jagdeo have been listed as the Respondents.
Just yesterday, lawyer for the Attorney General’ Chambers, Maxwell Edwards, issued a written submission in relation to the case. In response to a question on the government’s legitimacy, Edwards noted that it would be appropriate to note that in a letter addressed to Dr. Ashni Singh dated February 4, 2015, the Former Attorney General Anil Nandlall purporting to answer questions posed by Ms. Sophie Makonnen, Representative for the Inter-American Development Bank (IDB), had said that under the Westminster Constitutional model, an Executive Government continues in office with unaltered powers until a new Executive Government assumes office.
“This principle of continuity of the Executive remains unaffected by the dissolution of Parliament. Therefore, dissolution of Parliament does not affect the authority of the Government to enter into a new loan or grant agreements, unless of course, the agreement expressly requires the input of the Parliament.”
Ram wants the court to declare that the government comprising 33 elected members of the National Assembly coming from the coalition between A Partnership for National Unity (APNU) and the Alliance for Change (AFC) elected at elections in 2015—excluding the Cabinet including the President who shall resign with all convenient speed—shall remain in office until after the President takes the oath of office after elections to be held within 90 days from December 21, 2018 or within such extended period as the National Assembly shall determine by resolution support by not less than two-thirds of the votes of all elected members.
Furthermore, the Government is challenging the vote count in the no-confidence motion.
In filings, 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.
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