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CCJ and the Consequential Orders… APNU+AFC’s caretaker status is a view, not an order of the CCJ-Govt. Lawyer
While the Caribbean Court of Justice (CCJ) has said that the APNU+AFC Government entered caretaker mode following the successful passage of the Opposition’s No-Confidence Motion on December 21, last, one of the administration’s lawyers, Roysdale Forde, has stressed that this is just a view and not an order of the court.
Attorney-at-Law, Roysdale Forde
Forde reminded that the court’s consequential orders were very clear.
The orders and declarations noted the following: “a) The provisions of Article 106(6) and (7) of the Constitution apply to a No Confidence motion; b) Thirty-three votes constitute a majority of the 65 member National Assembly; c) Mr Charrandas Persaud was ineligible to be elected to the Assembly by virtue of his citizenship of Canada but his vote on the motion of no confidence was valid; d) Nothing in the anti-defection regime established at Article 156(3) of the Constitution rendered Mr Persaud incapable of casting his vote on that motion in the manner in which he did; e) The National Assembly properly passed a motion of no confidence in the Government on 21 December 2018; f) Upon the passage of this motion of no confidence in the Government, the clear provisions of Article 106 immediately became engaged; Costs are awarded to (Opposition Leader) Mr. (Bharrat) Jagdeo and Mr. Persaud respectively to be taxed if not agreed. In each case, those costs are to be paid by the Attorney General. In the case of Mr. Jagdeo those costs are certified fit for two counsel; and h) (Chartered Accountant) Mr. ( Chris) Ram is awarded 60% of his Costs to be taxed if not agreed. Those costs are to be paid by the Attorney General.”
In light of the foregoing, the lawyer stressed that nothing was said in the order that the government is in caretaker mode.
The lawyer said, “To act in accordance with that view, it would first have to be made out to the government, what are the limitations of that said convention as it applies to Guyana…I believe therefore that the view is incorrect as nothing in the Constitution says this…”
Further to this, Forde noted that on Thursday, the political opposition urged the court to hand down in its consequential orders, timelines the President must abide by in the appointment of a Chairman for the Guyana Elections Commission (GECOM) as well as for setting a date for early elections.
Forde said he made it clear to the court in his application that the aforementioned is beyond its remit.
He further noted that he is pleased that the court did not overreach in this regard.
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