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CCJ lauds local courts for speedy handling of No-Confidence motion cases
President of the Caribbean Court of Justice (CCJ) Justice Adrian Saunders, during a post judgment hearing last week lauded the Court of Appeal and High Court for the tremendous work exerted in hearing several cases arising from the December 21, 2018 passage of the No-Confidence motion in the National Assembly.
During the post trial hearing last week Monday, Justice Saunders said that the local courts have to be congratulated for the speed at which these matters reached the CCJ.
He added, “We (the CCJ) did our best to do it as quickly as we could.”
The CCJ, itself, had ordered that the matters be treated and regarded as urgent.
In a well reasoned judgment delivered in the cases on June 18, last, the CCJ said, “It is to the tremendous credit of Guyana’s justice system that the consolidated cases were heard expeditiously, and a full and well-reasoned judgment was delivered on 31 January 2019 by Chief Justice Roxane George.”
Lawyers involved in these matters were guided by strict timelines set out by the judges. Further, lawyers were ordered to file written submissions and were allowed to elaborate on certain points orally in court.
Opposition lawyer, Anil Nandlall, had penned a letter to Chancellor of the Judiciary Yonette Cummings-Edwards requesting the matters to be heard and determined with every convenient speed.
In his letter dated February 8, Nandlall pointed out that the matters involve matters of national importance, which touched on the constitutional and democratic architecture of Guyana.
Nandlall said, “It is therefore of significant public importance that these Notices of Appeal are heard and determined with every convenient speed…In the circumstances, we respectfully request that a date be urgently fixed for a case management conference to be held so that the appropriate directions can be given in order to facilitate an early hearing and determination of the Notices of Appeal.”
Local and international organisations had been calling for a speedy resolution to these matters. Following a declaration by Speaker of the National Assembly Barton Scotland that the No-Confidence motion was properly carried, government had accepted that it was defeated and its willingness to comply with the Constitution.
Instead in early January, Attorney General Basil Williams moved to the High Court where he contended that the No-Confidence motion was not validly passes because the formula for achieving an “absolute majority” in the National Assembly would be half of the members plus one.
Then private citizen Compton Reid who asked the court for a declaration that Charrandass Persaud’s vote on the No-Confidence motion was invalid owing to him being a dual citizen.
Chartered Accountant and Attorney-at-law Christopher Ram sought declarations that the motion had been properly passed by the 33 votes cast in the Assembly and that national and regional elections were required to be held no later than March 21, 2019 in keeping with the provisions of Article 106(7) of the Constitution.
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