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
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
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SUMMONS
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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).