APNU+AFC cannot now wish away the CCJ

Mar 26, 2019 Letters

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DEAR EDITOR,

In spite of the clear, publicly-announced intention by relevant stakeholders that the constitutional challenge to the December 21st, 2018 No-Confidence Motion is going the full journey to the CCJ, APNU+AFC is poised to wish away the CCJ.
APNU+AFC brazenly behaves as if the CCJ does not exist and that any ruling of the CCJ does not matter. In announcing that Parliament is about to be resumed, APNU+AFC is behaving as if the matter is at an end, that they can resume business as usual.
This same APNU+AFC used an appeal of the Chief Justice’s ruling of January 31st, 2019 as life support, to illegally avert the consequences of the No-Confidence motion as described in Articles 106 (6) and 106 (7). But they want to treat the appeal to the CCJ as having no impact on their resumption of business as usual.
On December 21st, 2018, the National Assembly of Guyana passed a no-Confidence motion, setting the stage for elections within 90 days, by March 21st, 2019. APNU+AFC, after first acknowledging the validity of the No-Confidence Motion, challenged the legitimacy of the No-Confidence Motion in Court.
The Chief Justice on January 31st, 2019 dismissed the challenge by APNU+AFC, that the No-Confidence Motion was invalid on the basis that the majority in the 65-seat parliament is not 33, but 34.
David Granger, Moses Nagamootoo and the entire APNU+AFC leadership insisted after the Chief Justice and the High Court ruling that the consequences of the No-Confidence Motion cannot come into effect until the court matters are totally adjudicated all the way to the CCJ. On this basis, and having appealed the Chief Justice’s ruling, they ran the calendar down and exhausted the entire time period for holding elections, using the court as a life support.
On the principle they will not act until the matter is totally exhausted in the final court, APNU+AFC refused to set a date and hold elections, as required under the constitution (Article 106 (6) and (7) because of the No-Confidence Motion and as ordered by the Chief Justice).
APNU+AFC’s adopted position was that the legal options must be fully ventilated and exhausted before the consequences of the No-Confidence Motion can be effected. They created their own illegal posture that the calendar had become suspended once they entered the matter in court and that they intended to knock on the doors of the Court of Appeal and the CCJ. Their strategy was clear – to buy time – by forcing all the courts to consider the matter.
But, suddenly, after the split decision in the Court of Appeal which favours them, APNU+AFC insists everyone must respect the court and that the matter has come to an end. APNU+AFC no longer finds it “fit and proper” to await the results of the CCJ adjudication. They now argue that the decision of the court of appeal permits them to carry on with business as usual.
On this basis, they announced that Parliament will resume shortly, following the decision of the Appeal Court which ruled that the Parliament needed 34 votes to pass the No-Confidence Motion.
It is amazing the rapidity with which APNU+AFC is proceeding to disavow the No-Confidence motion on the basis of the Guyana Court of Appeal’s split decision, disregarding that relevant stakeholders have indicated publicly their intention to appeal the recent decision.
Yet, on January 31st when the Chief Justice ruled that 33 is a valid vote to pass the No-Confidence Motion and that the government should proceed to name a date for elections within the 90 days from December 21st, this same APNU+AFC disregarded the ruling, insisting they will not start the calendar count and will not name a date for elections, will carry on with business as usual, until the court matter was settled.
With a ruling against them, APNU+AFC argued that no court decision can be enforced until all the courts have exhausted their review of the decisions. They made it known they will not act until the final court, the CCJ, has completed its review of the matter. But now they are whimsically wishing away the CCJ.
With the new ruling in their favour for now, APNU+AFC is disregarding the salient fact that the PPP and others are appealing the decision of the Courts of Appeal, and, that APNU+AFC itself has signaled it will appeal certain aspects of the Court of Appeal decision.
Parliament was resigned on December 21 2018 and, while there is a judicial setback, the Parliament remains resigned until the Caribbean Court of Justice rules.
What goes for the goose must go for the gander. Just as APNU+AFC lived by the principle that until the court matters are finally decided by all courts, they will not abide by the No-Confidence Motion and hold elections within the 90 days limit, so must they now wait for the CCJ before they can resume Parliament.
For the majority of Guyanese citizens, there is every expectation that the CCJ will overrule the decision of the Court of Appeal. Hopefully, the CCJ will move rapidly to resolve this matter which is negatively impacting on the lives of the people.
More importantly, the newly discovered understanding by APNU+AFC that the decision of the court must be respected must be something all citizens, regardless of political affiliation, race, ethnicity, religion, must hold them to.
APNU+AFC must not be permitted to define principles based on whether court decisions go their way or not. When the court decisions went against APNU+AFC in January, they chose to ignore those decisions and publicly chided those who insisted they act in accordance with the decision of the courts. Now, without any hesitation, APNU+AFC has found its moral groove and demands everyone respect the decisions of the court, insisting there is no need to wait for the CCJ.
The Parliament passed the No-Confidence Motion and that cannot be reversed by any court. The split decision ruling will now be scrutinized by the highest court in our judiciary system, the CCJ. Until then, it is reckless for APNU+AFC to behave as if the CCJ does not exist and that the CCJ is of no material consequence.
The status of animated suspension that Guyana has experienced since December 21st 2018 cannot now expire simply because the court ruling favours APNU+AFC.
Should APNU+AFC proceed to Parliament on the basis of the decision of the court of appeal and they enact significant legislation, they must consider what happens if the CCJ rules against them.

Dr. Leslie Ramsammy

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