The 34-seat problem

Apr 02, 2019 Letters

DEAR EDITOR,

Numerous contributors have submitted letters in these columns stating that the constitution of Guyana at Article 106, does not say that an absolute majority is needed to pass a no confidence vote, so the matter ends there, unless it was the intention of the framers of our constitution that it would be 34 votes necessary to legitimize a no confidence vote. The main framer of our constitution Dr. Shabadeen is still alive and I believe living in Jamaica, so why did no one ask his opinion yet? I for one would be very happy to hear it.
But to take this matter to the next level, which was the way my friend Sir Fenton Ramsahoye always looked at these issues, here we have a situation where a simple majority of 33 seats allow the party with that number of seats to form the government and rule the country, in addition all decisions of the house including the budget are made along this same 33 vote of 65 seats being a majority, if we mutilate that situation by pleading now that 34 votes are actually necessary, all subsequent decisions of the house will now have to face this application of an absolute vote whether it is so written or not in the constitution, unless it is a law which specifically states that a simple majority will allow the passage. In the extant case, why does it need 34 votes of 65 to remove government from power? If this is passed, will it not open the path for the claim that no government can be formed unless it occupies 34 seats in the National Assembly i.e. an absolute majority? And I again want to point out the Jacob Rambarran case, which is still languishing sub-judice in the Appeal Court, where Fenton Ramsahoye on behalf of Rambarran has pleaded that even though GECOM must declare the leader of the list with the most votes; the President, it does not give him the right to form a government. All the declaration of GECOM means is that in any alliance with a smaller party to gain control of the parliament and form the government, of all positions which the two parties will share the only post which will not be negotiable will be President, since only GECOM can make that declaration. The problems this makes in time are enormous, is it not? For example, will anyone be able to form the government and rule if they do not have a majority of 34 seats in our National Assembly instead of the current 33? Will this very government sitting in power now, not be illegal since it will now require an absolute majority of 34 seats to control the house and pass laws?

Tony Vieira

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