Govt’s status rests with CCJ-Nandlall

Mar 24, 2019 News

If the Caribbean Court of Justice (CCJ) overturns the Court of Appeal’s majority decision that the No-Confidence Motion is invalid, then the APNU+AFC Government returns to its unconstitutional status. This was noted yesterday by Attorney-at-Law, Anil Nandlall.
Nandlall, who is also the Opposition’s lead counsel, said it also means that the CCJ would have restored the validity of the No-Confidence Motion, the passage of which requires the holding of General and Regional Elections.
Because that three months period would have expired, however, Nandlall contended that it would result in the government’s illegal status resuming.
He added, “The effect of such a decision would mean that the motion was validly passed on December 21 and the government was supposed to have held the elections within three months from that date.” Nandlall also reminded that the period to hold the elections expired on March 21, last.
“…The framers of the Constitutions say that three months is sufficient notice for GECOM to always be ready for an elections,” concluded Nandlall on this matter.
While the PPP heads to the CCJ for a review of the Appellate Court’s decision, Opposition Leader, Bharrat Jagdeo, has said that the APNU+AFC Government can hang around for while.
He confidently stated that the outcome of the next General and Regional Elections is inevitable. Further to this, Jagdeo noted that calls will continue for early elections and that the Guyana Elections Commission (GECOM) should not pause or halt its preparations for elections in this regard.
The Opposition Leader said, “We will continue to call for early elections and there is a great possibility that this adverse ruling could be overturned at the CCJ and if it is overturned there and they (GECOM) are not prepared then that would mean further delays in conducting elections.

Opposition’s Counsel, Anil Nandlall

“We will continue to press for early elections preparations. If they (Government) prevail then we simply don’t have to go to elections.”
Jagdeo also expressed disagreement with the argument used by the court. The PPP General Secretary said that the Constitution clearly outlines that the Cabinet, including the President, shall resign if it is defeated by the vote of a majority of all the elected members of the House on a vote of Confidence.
By all calculations of right thinking Guyanese, Jagdeo said it is acknowledged that the majority of the 65 members who make up the National Assembly is 33. Yet Jagdeo said that the Appeal court deemed that the majority needed to oust a government is 34.
Jagdeo said, “No strange mathematics can change what the Constitution says. There was widespread acknowledgement of this in Guyana by President, David Granger in 2014…and many others…”
Additionally, Jagdeo said that he had expected that if the High Court’s ruling that the No-Confidence Motion was valid had to be overturned, that perhaps some other technicality would have been used.
He thought that the argument of the dual citizenship status of former AFC Member, Charrandas Persaud who voted in support of the motion would have been used.
The Opposition Leader said, “…I never thought that this issue of 34votes is needed now to pass a No-Confidence vote. It is probably the weakest argument…We will be respectful of the ruling of the court but one of the reasons we joined the CCJ is to have external reviews and we think we will be able to convince the CCJ that the No Confidence Motion was validly passed and that this strange insertion of a simple versus majority, when the Constitution says majority is not enough.
“This weird interpretation is not enough to invalidate the vote.”

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