Chief Justice to rule on resignation of Cabinet on October 16

Oct 05, 2019 News

On Wednesday, October 16, Chief Justice Roxane George will rule on an application filed by former Attorney General and Opposition aligned lawyer, Anil Nandlall. He is asking the court to issue an order compelling Cabinet, including the President to resign in light of the No-Confidence Motion being passed against government as far long as December 21, 2018.

President David Granger

Attorney-at-Law: Kamal Ramkarran

Yesterday, Justice George heard arguments on behalf of government which was represented by Attorney General Basil Williams and Solicitor General Nigel Hawke, both of whom are maintaining that Nandlall’s application is an abuse of the court process.
Nandlall’s lawyer, Kamal Ramkarran, is insisting that such an order is needed since the President continues to violate the Constitution.
The government’s lawyers are contending that Nandlall’s application is Res Judicata since the Caribbean Court of Justice (CCJ), the nation’s highest court, has already made its pronouncement on the issue, and in doing so refused to grant coercive orders against Government to compel its resignation.
According to Hawke, what the CCJ said is that government remains in office, but on a different footing, in a caretaker status.
Justice George’s question to Ramkarran was whether a lower court, the High Court, can issue such orders against Government. Ramkarran replied, “Yes” and went on to explain that the CCJ erred when it omitted to issue an order compelling the resignation of Cabinet, including the President.

Solicitor General: Nigel Hawke

Chief Justice: Roxane George

Ramkarran reasoned that the CCJ in excluding to grant such an order did not think that the political actors would violate the Constitution.
In this regard, he said that in light of the CCJ failing to do so, the High Court, which has unlimited jurisdiction in ensuring compliance with the Constitution, can make such an order against Government. While the Chief Justice noted that her court has to be “cognizant of its place” she maintained that the election timeframe set out in the Constitution has already elapsed and it is now for Parliament to extend same.
She questioned her court’s jurisdiction to issue an Order of Mandamus against Government, when the CCJ, though it was specifically asked to do so, refused. Justice George, in essence, said that any ruling by the CCJ takes precedence over the High Court which should not do anything that would usurp or contradict the highest court of the land.
“Cabinet has a clear and unambiguous duty to obey the law,” Ramkarran contended. The Solicitor General argued that if Ramkarran is of the view that the CCJ erred, he cannot come to the lower court looking for redress, he has to go back to the CCJ. He said that Ramkarran is basically asking the lower court to review a final decision of the CCJ.
Hawke contended that Ramkarran’s application is a clear attempt to turn the hierarchical structure of the judiciary “upside down.” Ramkarran, nevertheless, concluded his arguments in stressing that there is a continuing violation of the Constitution by the executive. In fact, he submitted that with the successful passage of the No-Confidence Motion, there is no longer a Cabinet by operation law.
Apart from seeking an order compelling Cabinet, including the President resign as government was defeated on the successful passage of a No-Confidence Motion on December 21, 2018 in the National Assembly, in the alternative Nandlall is seeking a Mandatory Order compelling the Cabinet, including the President to give effect to the resignation of the Cabinet, including the President, which occurred by operation of law, consequent upon the government being defeated by the No-Confidence Motion pursuant to Article 106(6) of the Constitution.
Further in the alternative, he is also seeking a Conservatory Order or an order restraining the Cabinet, inclusive of the President, from meeting, making decisions as, or performing the functions of Cabinet, consequent upon the Government being defeated by the vote of a majority of all the elected members of the National Assembly on a vote of no-confidence on the 21st day of December, 2018, in accordance with and pursuant to Article 106(6) of the Constitution.
Nandlall is also asking for such further orders that the court deems fit and costs. As it is, Cabinet continues to meet and President David Granger has proclaimed that general and regional elections will be held on Monday, March 02, 2020.

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