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Court of Appeal rules 34 votes needed to pass no-confidence motion

March 22 2019

Source

Guyanaโ€™s Court of Appeal by a majority on Friday struck down Chief Justice Roxane George-Wiltshireโ€™s decision that the no-confidence motion was validly passed by 33 to 32 votes, ruling that an โ€œabsolute majorityโ€ of 34 votes was required to pass a no-confidence motion.

Chancellor of the Judiciary Yonette Cummings-Edwards said the Chief Justiceโ€™s calculation of 33 votes was for a โ€œsimple majorityโ€.

Justice Dawn Gregory explained 34 votes were required after rounding up 32.5 to 33 and adding another vote to acquire an absolute majority of 34. She said using 33 votes was โ€œflawed and untenable and is not the absolute majorityโ€.

Justice of Appeal Rishi Persaud, in upholding the Chief Justiceโ€™s ruling, said the no-confidence motion was validly passed by 33 to 32 votes.

He said, with the greatest of respect to Caribbean constitutional expert, Queenโ€™s Counsel Dr Francis Alexis, his argument that the no-confidence motion could only have been passed by rounding up 32.5 (half of the 65 seats) โ€œdoes not accord with logic or commonsenseโ€ unless there is a stated formula.

Justice Persaud also rejected arguments that Article 70 of the Constitution of Guyana guarantees a five-year term, because other provisions provide for a proclamation and unless sooner dissolved.

He agreed with the Chief Justice that the President, as Chairman of the Cabinet, and Cabinet stand automatically resigned immediately after the passage of a no-confidence motion. Justice Persaud agreed that the President and government remain in office and prepare for elections.

โ€œNotwithstanding the automatic resignation, the government shall remain in office to hold elections within a specified timeframe,โ€ he noted.

Justice Persaud, however, refused an application by Christopher Ram for an election date to be named.

As regards the Canadian citizenship of then government parliamentarian Charrandass Persaud, whose vote had allowed for last Decemberโ€™s passage of the no-confidence motion, the Justice of Appeal agreed that there was no evidence to prove that Persaud had known that he had been ineligible to be a parliamentarian. โ€œTo ascribe such knowledge to Mr. Persaud is far-fetched to my mind,โ€ he said.

Justice Gregory upheld the Chief Justiceโ€™s decision that Persaudโ€™s vote was valid although he is a dual citizen. On the issue of whether Persaud ought not to have voted against the list, the Justice of Appeal said the Constitution allows for voting against the list under certain circumstances.

โ€œMy finding is that his vote was valid and effective and was the thirty-third of the votes cast for the motion,โ€ Justice Gregory said.

Django
kp posted:

โ€œMy finding is that his vote was valid and effective and was the thirty-third of the votes cast for the motion,โ€ Justice Gregory said.

 

These black people prappa dunce, When you minus 33 from 65 them get 34.

  Let's see what the Carribean Courts have to say, the fight goes on.

 This is total muckery of the judicial system.

Well you have a problem then as 4 out of 7 of the judges are also black.

FM
kp posted:
Bibi Haniffa posted:

CCJ will overturn the fuzzy mathematics.  Now we know why Granger wasnโ€™t calling the election date.  

Why should anyone have faith in this judicial system?  This is Congo Court, only Blackman MUST win.

Most of the judges are black too so maybe they will behave as you think....blackman must win.

Maybe you all should have just taken the August vote as it doesnt look as if the election will be until next year, or at best (for you) much later this year.  It is now definite that there will be a House to House.

FM
Last edited by Former Member
caribny posted:
kp posted:
Bibi Haniffa posted:

CCJ will overturn the fuzzy mathematics.  Now we know why Granger wasnโ€™t calling the election date.  

Why should anyone have faith in this judicial system?  This is Congo Court, only Blackman MUST win.

Most of the judges are black too so maybe they will behave as you think....blackman must win.

Maybe you all should have just taken the August vote as it doesnt look as if the election will be until next year, or at best (for you) much later this year.  It is now definite that there will be a House to House.

Blackman this and Blackman that is getting stale now.  Try something new. What you think about Putagee people?

Bibi Haniffa
Last edited by Bibi Haniffa
Bibi Haniffa posted:
caribny posted:
kp posted:
Bibi Haniffa posted:

CCJ will overturn the fuzzy mathematics.  Now we know why Granger wasnโ€™t calling the election date.  

Why should anyone have faith in this judicial system?  This is Congo Court, only Blackman MUST win.

Most of the judges are black too so maybe they will behave as you think....blackman must win.

Maybe you all should have just taken the August vote as it doesnt look as if the election will be until next year, or at best (for you) much later this year.  It is now definite that there will be a House to House.

Blackman this and Blackman that is getting stale now.  Try something new. What you think about Putagee people?

Maybe you should vent your frustrations against kp.

Any way look at it this way, at least Jagdeo can cancel this Irfaan being president stuff and win your adoration back.

FM
caribny posted:
Chief posted:

This case need to go there and go there fast.

 

Why?  By the time they get to it the election will be due.  They aren't going to drop every thing just because Jagdeo wants them to.

Why?

Because I will love to see how the Carribean Judges will do thier Math.

Why I am not surprised that you are not being  reasonable in your thinking that you agree with the wrong math.

Chief
caribny posted:
Bibi Haniffa posted:
Gilbakka posted:

Take it easy, comrades. PPP doesn't get discomposed easily. One lost court case is not the end of the world. Jagdeo says our supporters must not feel demoralized. 

http://demerarawaves.com/2019/...o-confidence-motion/

Jagdeo knew all along that Yonnette Cummings Edwards sold her soul for 20 pieces of silver.

Why his screams?  Charrandas did the same.  I guess he now knows what being betrayed by a Judas is all about.

Ha..ha..I said this plot will backfire. There is more to come, take a cue from today demonstrations , lots of missing  PPP members.

Django
Django posted:
Dave posted:
Drugb posted:

Django and company won, congratulations. 

I hope buddy Django round up his dollar for his customers. 

So does this mean all the votes pass under this government is not valid. 

I hope them skโ€@t return the 50% increase they approve. Tax payers should demand they repay. 

When filing sales taxes 50 cents rounded to 1 dollar.

Not true bai. 

Maybe you meant income taxes. That is rounded off.

FM
Last edited by Former Member
Django posted:
caribny posted:
Bibi Haniffa posted:
Gilbakka posted:

Take it easy, comrades. PPP doesn't get discomposed easily. One lost court case is not the end of the world. Jagdeo says our supporters must not feel demoralized. 

http://demerarawaves.com/2019/...o-confidence-motion/

Jagdeo knew all along that Yonnette Cummings Edwards sold her soul for 20 pieces of silver.

Why his screams?  Charrandas did the same.  I guess he now knows what being betrayed by a Judas is all about.

Ha..ha..I said this plot will backfire. There is more to come, take a cue from today demonstrations , lots of missing  PPP members.

Were you there? 

K
ksazma posted:
Django posted:
Dave posted:
Drugb posted:

Django and company won, congratulations. 

I hope buddy Django round up his dollar for his customers. 

So does this mean all the votes pass under this government is not valid. 

I hope them skโ€@t return the 50% increase they approve. Tax payers should demand they repay. 

When filing sales taxes 50 cents rounded to 1 dollar.

Not true bai. 

Maybe you meant income taxes. That is rounded off.

Filing total State taxable  and non-taxable sales is the same as rounding off income tax. I do that every month at the State website.

Django
Last edited by Django
kp posted:
Django posted:
caribny posted:
Bibi Haniffa posted:
Gilbakka posted:

Take it easy, comrades. PPP doesn't get discomposed easily. One lost court case is not the end of the world. Jagdeo says our supporters must not feel demoralized. 

http://demerarawaves.com/2019/...o-confidence-motion/

Jagdeo knew all along that Yonnette Cummings Edwards sold her soul for 20 pieces of silver.

Why his screams?  Charrandas did the same.  I guess he now knows what being betrayed by a Judas is all about.

Ha..ha..I said this plot will backfire. There is more to come, take a cue from today demonstrations , lots of missing  PPP members.

Were you there? 

Media coverage lies, right ?

Django
Django posted:
ksazma posted:
Django posted:
Dave posted:
Drugb posted:

Django and company won, congratulations. 

I hope buddy Django round up his dollar for his customers. 

So does this mean all the votes pass under this government is not valid. 

I hope them skโ€@t return the 50% increase they approve. Tax payers should demand they repay. 

When filing sales taxes 50 cents rounded to 1 dollar.

Not true bai. 

Maybe you meant income taxes. That is rounded off.

Filing total State taxable  and non-taxable sales is the same as rounding off income tax. I do that every month at the State website.

Yuh throwing away yuh money bai. If your calculated sales tax is 22 cents, you collect and remit 22 cents. Here is part of the sales & use tax table for your state.

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FM
Django posted:
ksazma posted:
Gilbakka posted:

Take it easy, comrades. PPP doesn't get discomposed easily. One lost court case is not the end of the world. Jagdeo says our supporters must not feel demoralized. 

http://demerarawaves.com/2019/...o-confidence-motion/

Like I stated earlier tonight, I don't think there are any elections next year either.

Also, GECOM not going into any readiness mode. They going back to sleep as they were doing prior to not so long ago.

Them can't try that.

I hear what you say but the PNC has to prove first that they have changed. Until then, I will continue to hold them in high suspicion and contempt.

FM
Chief posted:
.

Why I am not surprised that you are not being  reasonable in your thinking that you agree with the wrong math.

You need to know how to spell CARIBBEAN.

And the NCV was a fraudulent power grab by Jagdeo aimed at capitalizing on Granger's illness.  There was no necessity for it given that elections are due next year.

It was a waste of time and a waste of resources and of no benefit to anyone. NOT even the PPP it turns out. We will see how quickly the CCJ gets to this, but most likely not before end of next month, meaning that a House to House will be needed as the voter list will be invalid.

FM
ksazma posted:
Django posted:
ksazma posted:
Django posted:
Dave posted:
Drugb posted:

Django and company won, congratulations. 

I hope buddy Django round up his dollar for his customers. 

So does this mean all the votes pass under this government is not valid. 

I hope them skโ€@t return the 50% increase they approve. Tax payers should demand they repay. 

When filing sales taxes 50 cents rounded to 1 dollar.

Not true bai. 

Maybe you meant income taxes. That is rounded off.

Filing total State taxable  and non-taxable sales is the same as rounding off income tax. I do that every month at the State website.

Yuh throwing away yuh money bai. If your calculated sales tax is 22 cents, you collect and remit 22 cents. Here is part of the sales & use tax table for your state.

 

Naah, example taxable labor charged $100.00 entered @ 6.35% sales tax at the State website,tax calculated $6.35 which you pay. I collect the tax from the customer at time of sale.

There are two fields I have to enter (1)  sales taxable and non taxale (2) non taxable sales , all calculations are done on website.

There is no paper filings for over two decades.

Django
Last edited by Django
caribny posted:
kp posted:
Bibi Haniffa posted:

CCJ will overturn the fuzzy mathematics.  Now we know why Granger wasnโ€™t calling the election date.  

Why should anyone have faith in this judicial system?  This is Congo Court, only Blackman MUST win.

Most of the judges are black too so maybe they will behave as you think....blackman must win.

Maybe you all should have just taken the August vote as it doesnt look as if the election will be until next year, or at best (for you) much later this year.  It is now definite that there will be a House to House.

Correct, blacks must stick together at all cost to make up for injustices doled out to them all over the world. Fuzzy math will continue but it may come back to haunt them throughout the Caribbean, so better be careful when you set out to trample  on the Indo you may be trampling on future rulings for yourself. 

FM
Django posted:
Dave posted:
Drugb posted:

Django and company won, congratulations. 

I hope buddy Django round up his dollar for his customers. 

So does this mean all the votes pass under this government is not valid. 

I hope them skโ€@t return the 50% increase they approve. Tax payers should demand they repay. 

When filing sales taxes 50 cents rounded to 1 dollar.

So Yonnette Cummings Edwards is using Connecticut sales tax calculation to determine the constitution of Guyana?

Bibi Haniffa
Django posted:
caribny posted:
Chief posted:
.

Why I am not surprised that you are not being  reasonable in your thinking that you agree with the wrong math.

And the NCV was a fraudulent power grab by Jagdeo aimed at capitalizing on Granger's illness.  There was no necessity for it given that elections are due next year.

That's a fact !!!  the coalition gov't cornered him.

You guys may have cornered yourself.  Think of the implications beyond the orgasm!

Baseman
Bibi Haniffa posted:
Django posted:
Dave posted:
Drugb posted:

Django and company won, congratulations. 

I hope buddy Django round up his dollar for his customers. 

So does this mean all the votes pass under this government is not valid. 

I hope them skโ€@t return the 50% increase they approve. Tax payers should demand they repay. 

When filing sales taxes 50 cents rounded to 1 dollar.

So Yonnette Cummings Edwards is using Connecticut sales tax calculation to determine the constitution of Guyana?

It's known for tax purposes, at half of the dollar, its rounded to one dollar.

I found an interesting paper on 'absolute majority" don't think my teachers on GNI need it.

Django

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