Attorney General asks Court of Appeal to keep President, Cabinet in office

Attorney General asks Court of Appeal to keep President, Cabinet in office

12:06 / 11.02.2019 Demerara Waves, Source, https://theworldnews.net/gy-ne...nt-cabinet-in-office

Courtroom, Court of Apoeal.

Attorney General, Basil Williams has asked the Court of Appeal to keep President Granger and his Cabinet in office until the appeal courts decide whether to overturn or uphold a High Court ruling that the no-confidence motion was validly passed.

Chief Justice, Roxane George-Wiltshire in January also refused an application by Williams for a stay of her decision and a conservatory order because the three-month deadline on March 20, 2019 by which elections should be held after a no-confidence motion is approved is ticking.

Instead, the Chief Justice told William’s that he could apply to the Court of Appeal.

On Monday, February 11, 2019 the Attorney General asked the Court of Appeal to grant a stay of the decision and a conservatory order preserving the President and Cabinet in office.

The applications are against the Chief Justice’s decision in favour of Christopher Ram, and another against House Speaker Dr. Barton Scotland and Opposition Leader Bharrat Jagdeo.

The  “conservatory order, preserving the status quo ante that the President, Cabinet and all Ministers of the Government remain in office until the hearing and determination of the appeal in the matter herein anr such further or other order as the Court may deem just.

.ptaken out by Mr. Nigel Hawke, Solicitor General, Ms. Deborah Kumar, Deputy Solicitor General, Ms. Beverley BishopCheddie Assistant Solicitor General for and on behalf of the Attorney General, Mr. Basil Williams S.C. and whose address for service and place of business is at the office of the Attorney-Generals Chambers 95 Carmichael Street, North Cummingsburg, Georgetown, Demerara and it is filed behalf of the Applicant/Appellant.

IN THE COURT OF APPEAL OF THE SUPREME COURT OF JUDICATURE
APPELLATE JUSRISDICTION

CIVIL APPEAL No. of 2019
BETWEEN:
THE ATTORNEY GENERAL OF GUYANA
Applicant/Appellant

-and-

DR. BARTON SCOTLAND, Speaker of the National Assembly of Guyana

MR. BHARRAT JAGDEO, in his capacity as Leader of the Opposition
Respondents

*******************************************
SUMMONS
*******************************************

IN THE COURT OF APPEAL OF THE SUPREME COURT OF JUDICATURE
APPELLATE JUSRISDICTION

CIVIL APPEAL No. of 2019
BETWEEN:
THE ATTORNEY GENERAL OF GUYANA
Appellant

-and-

DR. BARTON SCOTLAND, Speaker of the National Assembly of Guyana

MR. BHARRAT JAGDEO, in his capacity as Leader of the Opposition
Respondents

In an affidavit in support, State Ciunsel at the Attorney General’s Chambers Chief Justice Roxanne George erred and misdirected herself in law when she ruled that the motion of no-confidence upon a division vote of 33:32 Members of the National Assembly was validly passed as the requisite majority of all the elected members. “There was a miscalculation of the majority of all elected members of the National Assembly as required under Article 106(6) of the Constitution for the Government to be defeated on a vote of no confidence. In order for the Government to be defeated on a vote of no confidence, 34 or more votes of all the elected members in favour of the motion was required instead of 33,” she said. “I am further advised by my Attorneys-at-Law and verily believe that the absolute majority is calculated as half plus one and where mathematically half of all the elected members of the Parliament would result in a fraction the method of calculation of the absolute majority is that the fraction is rounded to the next whole number and 1 added to result in a number greater than half,” she said.

In relation to the decision in favour of Ram, State Counse Clarke said the Conservatory order is necessary to preserve the status quo ante as the period for the hearing and determination of the matter may expire before that time prescribed in Article 106 (7) of the constitution which requires that the President and Government resign and hold elections within three (3) months.

That I will contend that the appeal has good prospects of success and the Honourable Court ought to grant a stay and a conservatory order in order to ensure that if the appeal is successful it is not rendered nugatory,” she said.

She said the Court of Appeal has jurisdiction to grant a stay of execution of a declaratory judgment in matters that would affect the public interest.

The State says the Constiution provides for the Cabinet to aid and advise the president in the general direction and control of the Government of Guyana and shall be collectively responsible therefor to Parliament.

“It is contended that the effect of Article 106 (2) is that once there is a Government, there must be a Cabinet; once there is a President there must be a Cabinet, and once there is a Parliament there must be a Cabinet. Therefore in so far as Article 106 (6) purports to sever the connection between Cabinet and Government it is inconsistent with the clear provisions of Article 106 (2).
It is further contended that the word notwithstanding connects article 106 (7) to article 106 (6) of the Constitution and provides the time frame for the resignation of the Cabinet which being part of the Government exists as long as the Government exists and the Cabinet would accordingly resign when the Government resigns. Further, the time for resignation of the President, Cabinet and Government is when elections are held and the President takes the oath of office following the elections as set out in Article 106 (7).

Original Post
Demerara_Guy posted:

Attorney General asks Court of Appeal to keep President, Cabinet in office

12:06 / 11.02.2019 Demerara Waves, Source, https://theworldnews.net/gy-ne...nt-cabinet-in-office

Courtroom, Court of Apoeal.

IN THE COURT OF APPEAL OF THE SUPREME COURT OF JUDICATURE

APPELLATE JUSRISDICTION

CIVIL APPEAL No. of 2019
BETWEEN:
THE ATTORNEY GENERAL OF GUYANA
Applicant/Appellant

-and-

DR. BARTON SCOTLAND, Speaker of the National Assembly of Guyana

MR. BHARRAT JAGDEO, in his capacity as Leader of the Opposition
Respondents

*******************************************
SUMMONS
*******************************************

IN THE COURT OF APPEAL OF THE SUPREME COURT OF JUDICATURE
APPELLATE JUSRISDICTION

CIVIL APPEAL No. of 2019
BETWEEN:
THE ATTORNEY GENERAL OF GUYANA
Appellant

-and-

DR. BARTON SCOTLAND, Speaker of the National Assembly of Guyana

MR. BHARRAT JAGDEO, in his capacity as Leader of the Opposition
Respondents

It is further contended that the word notwithstanding connects article 106 (7) to article 106 (6) of the Constitution and provides the time frame for the resignation of the Cabinet which being part of the Government exists as long as the Government exists and the Cabinet would accordingly resign when the Government resigns. Further, the time for resignation of the President, Cabinet and Government is when elections are held and the President takes the oath of office following the elections as set out in Article 106 (7).

Specific words  are .. Notwithstanding its defeat .. article 106 (7)

Guyana Constitution

Ref. - http://www.oas.org/juridico/sp...guy_constitution.pdf

(6) The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.

(7) Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”

Basil and his PNC friends are displaying a total disrespect and disregard for the constitution of Guyana. It is very clear that they must hold elections but are just court hopping to delay the elections.

The longer they wait, the bigger the defeat for them at National Elections. Some of their supporters will over to Shuman and ANUS parties during this time. 

The people of Guyana do not want a repeat of PNC part one !

This is the beginning of the end of the PNC as we know it due to their arrogance.

Demerara_Guy posted:
Nehru posted:

This Bastard is beyond DUNCE!!!

Esteemed high praises for the Learned Gentleman, Nehru.

It is further contended that the word notwithstanding connects article 106 (7) to article 106 (6) of the Constitution and provides the time frame for the resignation of the Cabinet which being part of the Government exists as long as the Government exists and the Cabinet would accordingly resign when the Government resigns. Further, the time for resignation of the President, Cabinet and Government is when elections are held and the President takes the oath of office following the elections as set out in Article 106 (7).

 

Try to read and grasp what is said in the appeal.

Django posted:
Demerara_Guy posted:
Nehru posted:

This Bastard is beyond DUNCE!!!

Esteemed high praises for the Learned Gentleman, Nehru.

It is further contended that the word notwithstanding connects article 106 (7) to article 106 (6) of the Constitution and provides the time frame for the resignation of the Cabinet which being part of the Government exists as long as the Government exists and the Cabinet would accordingly resign when the Government resigns. Further, the time for resignation of the President, Cabinet and Government is when elections are held and the President takes the oath of office following the elections as set out in Article 106 (7).

 

Try to read and grasp what is said in the appeal.

notwithstanding its defeat ...

... connects section (7) and section (6)

NOT the single/only word ... notwithstanding ...

Dondadda posted:

WHat are the names of the sitting Judges in the Court of Appeal?

From one of the sources ...

Source -- http://guyaneselawyer.com/listofjudges.html

Guyana Lawyer Web site!

List of Judges of the Court of Appeal of the Supreme Court of Judicature in Guyana at February 2018

1. The Honourable Justice of Appeal & Chancellor (ag) Madam Yonette Cummings-Edwards, CCH, OR 28/03/17

2. The Honourable Justice of Appeal & Chief Justice (ag) Madam Roxanne George-Wiltshire, CCH, SC 28/03/17

3. The Honourable Justice of Appeal Madam Dawn Gregory 17/05/17

4. The Honourable Justice of Appeal Mr Rishi Persaud 19/07/17

5. The Honourable Justice of Appeal (ag) Dr Arif Bulkan 17/01/18

6. The Honourable Justice of Appeal (ag) Mr Rafeek Khan 15/02/18

Judges of the High Court of the Supreme Court of Judicature

7. The Honourable Mr. Justice James Bovell-Drakes

8. The Honourable Mr. Justice Brassington Reynolds

9. The Honourable Madam Justice Diana Fazeela Insanally 27/02/09 (Commercial Division)

10. The Honourable Mr. Justice Franklyn Delano Holder 27/02/09

11. The Honourable Mr. Justice Navindra Singh 29/10/12

12. The Honourable Mr. Justice Nareshwar Harnanan 29/10/12

13. The Honourable Madam Justice Sandra Kurtzious 29/10/12

14. The Honourable Madam Justice Jo-Ann Barlow 29/06/15

15. The Honourable Madam Justice Priya Sewnarine Beharry 29/06/15

16. The Honourable Mr Sandil Kissoon 19/07/17

17. The Honourable Madam Simone Morris-Ramlall 19/07/17

18. The Honourable Madam Damone Younge 19/07/17

19. The Honourable Mr Gino Persaud 19/07/17

20. The Honourable Madam Fidela Corbin-Lincoln 28/03/18

Judges of the Land Court (Commissioners of Title)

21. The Honourable Madam Melissa Ann Robertson (Berbice) 08/09/10

22. The Honourable Madam Nicola Pierre 19/11/14

23. The Honourable Madam Priscilla Chandra-Hanif 19/11/14

Recent Former Judges of the Judiciary

The Honourable Chancellor (ag) Mr Chief Justice Carl A. Singh, CCH

The Honourable Mr. Justice of Appeal Ian Chang, S.C. Chief Justice. Judgments

Chancellor - The Honourable Madam Justice of Appeal Desiree Bernard - Guyana Judgments click here

The Honourable Mr. Justice of Appeal B. S. Roy, CCH

The Honourable Mr. Justice of Appeal Charles R. Ramson, S.C.

The Honourable Mr. Justice of Appeal Rabi Sukul

The Honourable Madam Justice Claudette La Bennett (High Court)

The Honourable Mr. Justice Jainarayan Singh (High Court)

The Honourable Mr. Justice Winston Patterson (High Court)

The Honourable Mr. Justice William Ramlall (High Court)

The Honourable Mr. Rabindra Rooplall (Land Court)

This list is not complete

Demerara_Guy posted:
Django posted:

It is further contended that the word notwithstanding connects article 106 (7) to article 106 (6) of the Constitution and provides the time frame for the resignation of the Cabinet which being part of the Government exists as long as the Government exists and the Cabinet would accordingly resign when the Government resigns. Further, the time for resignation of the President, Cabinet and Government is when elections are held and the President takes the oath of office following the elections as set out in Article 106 (7).

 

Try to read and grasp what is said in the appeal.

notwithstanding its defeat ...

... connects section (7) and section (6)

NOT the single/only word ... notwithstanding ...

What article 106 (6) defines ?

Django posted:
Demerara_Guy posted:
Django posted:

It is further contended that the word notwithstanding connects article 106 (7) to article 106 (6) of the Constitution and provides the time frame for the resignation of the Cabinet which being part of the Government exists as long as the Government exists and the Cabinet would accordingly resign when the Government resigns. Further, the time for resignation of the President, Cabinet and Government is when elections are held and the President takes the oath of office following the elections as set out in Article 106 (7).

 

Try to read and grasp what is said in the appeal.

notwithstanding its defeat ...

... connects section (7) and section (6)

NOT the single/only word ... notwithstanding ...

What article 106 (6) defines ?

Restating what was posted earlier on this thread ...

[[Quote]]

Specific words  are .. Notwithstanding its defeat .. article 106 (7)

Guyana Constitution

Ref. - http://www.oas.org/juridico/sp...guy_constitution.pdf

(6) The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.

(7) Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”

[[Unquote]]

The Attorney General is not fit and proper. A jackass can think better than Basil Williams. He, Williams is asking the Justices of Appeal to either amend the Constitution of Guyana to include his remedy or to breach the Constitution. Any Justice of Appeal worth their salt will rule against this power grabbing pig. I hope the Courts will address this case expeditiously. No doubt Basi, will take the matter to the CCJ, knowing that all they want is election to be held in 2020 if at all. 

Prince posted:

The court should see that they remain in office. Venezuela is watching every move to slip into Guyana with an illegitimate government. Right, Dondadda?  

Those are separate issues. Wait after the 90 days are over and see what isl legitimate or illegitimate. I can’t stand people who allow themselves to line up to lick the DAG ass. I belong to no political party in Guyana, but unlike you I am not prepared to sell my soul. I believe in truthfulness and honesty.

Dondadda posted:

The Attorney General is not fit and proper. A jackass can think better than Basil Williams. He, Williams is asking the Justices of Appeal to either amend the Constitution of Guyana to include his remedy or to breach the Constitution. Any Justice of Appeal worth their salt will rule against this power grabbing pig. I hope the Courts will address this case expeditiously. No doubt Basi, will take the matter to the CCJ, knowing that all they want is election to be held in 2020 if at all. 

I’m a just leaving this right here for future reference.

F801FF6B-193B-4DDA-953B-3947DD3DDEA2

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DG,

You keep posting the two articles, to emphasize your point, seems you are clueless.

Article 106 (6)  Stipulates "Defeat"  if there is a majority vote.

Now follow the sentence "It is further contended that the word notwithstanding connects article 106 (7) to article 106 (6) "

There is no error , just trying to play a smarty.

When I stated back in 2015 before the elections that the PNC will never respect elections if they ever become the government, I was making that statement with the entire body work of PNC despotic record on my side. These were the same people who back in 2014 sought to remove the PPP in the same way. Suddenly they have a problem with the very same mechanism that they sought to use. I am pretty sure I wouldn't lose my shirt if I bet it in the PNC not having any elections this year and I would also venture that they wouldn't have one next year unless they feel they have placed their trademark rigging machine in place to forge a result in their favor. This party has not evolved at the same pace as civilization. I fear they will burn the country down before they even put those keys up for auction again.

Django posted:

Kaz,

They will have to hold the Elections. Two persons from the Carter Center met with reps for the Gov't and GECOM today.

Them bhais will post the news tomorrow.

I will believe it when I see it my brother. Noteworthy is it shouldn’t have required the Carter Center intercession again like it did in 1990 (but dragged out till 1992) to get the PNC to respect the law. Nonetheless, I will be looking for that announcement today.

Django posted:

Kaz,

They will have to hold the Elections. Two persons from the Carter Center met with reps for the Gov't and GECOM today.

Them bhais will post the news tomorrow.

Holding  election is a MUST.

when will it be held is the discussion everyday. 

Dave posted:
 

Holding  election is a MUST.

when will it be held is the discussion everyday. 

ksazma posted:
Django posted:

Kaz,

They will have to hold the Elections. Two persons from the Carter Center met with reps for the Gov't and GECOM today.

Them bhais will post the news tomorrow.

I will believe it when I see it my brother. Noteworthy is it shouldn’t have required the Carter Center intercession again like it did in 1990 (but dragged out till 1992) to get the PNC to respect the law. Nonetheless, I will be looking for that announcement today.

Need your thoughts, take a peek here   https://guyana.hoop.la/topic/t...-in-banana-republics

ksazma posted:
Django posted:

Kaz,

They will have to hold the Elections. Two persons from the Carter Center met with reps for the Gov't and GECOM today.

Them bhais will post the news tomorrow.

I will believe it when I see it my brother. Noteworthy is it shouldn’t have required the Carter Center intercession again like it did in 1990 (but dragged out till 1992) to get the PNC to respect the law. Nonetheless, I will be looking for that announcement today.

Yuh gun wait long Bhai. Go catch Hasser or some thing. Mud Head is grasping at straws and he is so "brilliant" he has been doing so all his life.  He mek Mukesh change his song to " Dumb Dumb Digga Digga"

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