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Chief Justice [ag) Roxane George

Chief Justice (ag) Roxane George

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October 16 2019

Chief Justice (ag) Roxane George this afternoon struck out an application by attorney Anil Nandlall, for mandatory orders compelling Cabinet including the President to resign, and awarded costs against Nandall in the sum of $500,000.

Nandlall had filed his application on August 26, which was followed by an application by the State to strike out the application on the grounds that it was an abuse of process and an affront to the principle of precedent.

The basis of the Chief Justice’s decision was that the issue was a live one before the Caribbean Court of Justice (CCJ), which pronounced on the matter. In those circumstance, she said, a court of first instance, which she sat as, is bound to that decision by the principle of precedent. Consequently, and since Nandlall was a party to those proceedings, the application was dismissed as wholly misconceived, vexatious, and an absolute abuse of process.

Delivering her judgment, the Chief Justice said that the language used by the CCJ in its June 18 decision made it “…evident that the effect of the NCM was the immediate resignation of Cabinet, but the Court clearly stated that notwithstanding this, the tenure in office of the Cabinet, including the President, as well as Government as a whole, “is on a different footing” – is that of a caretaker mode consequent to the passage of the said NCM.”

The Chief Justice further said that in these circumstances “there could not have been, and cannot be any requirement for a mandatory order compelling Cabinet including the Government to give effect to the resignation of the Cabinet, including the President…”

 

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Nehru posted:

The CJ is a DUNCE and probably related to Basil!!

Nah nak dis judge bai. Dis wan actually knows sheh stuff. Dis wan ah like dem two who nah know math an hinglish. 😀

Eventually the PNC will have to pay the piper.

FM

CHIEF JUSTICE DENIES ORDERS SEEKING TO COMPEL PRESIDENT, CABINET TO RESIGN

Chief Justice (ag) Roxane George-Wiltshire on Wednesday denied orders sought by former Attorney General Anil Nandlall to compel the President and Cabinet to resign. She said the application by Mr Nandlall was not only wholly misconceived, but it is vexatious and an absolute abuse of the process of the court.

The Chief Justice relied on the judgement of the Caribbean Court of Justice (CCJ) in its consequential orders of July 12. The CCJ, after ruling on consolidated appeals had stated that the government is on a different footing after the passage of the December 21 No Confidence motion and should behave as a caretaker.

Nandlall had argued that the CCJ had omitted to give a mandatory order compelling the President and Cabinet to resign. But the Chief Justice ruled that she was bound by the orders of the CCJ. She said the pronouncements of the CCJ and the orders made in the consequential judgement of July 12 must be read dispassionately and objectively.

 

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Django
Last edited by Django

I do believe that the CCJ erred in judgement by thinking that the PNC will behave in a civilized manner and know that September 18th was the drop dead deadline for elections. That was an error. The PNC always has to be forced to do the right things.

FM

Perhaps, the Chief Justice is in a continual mode of "acting" and unaware of the basic issues of the law/constitution of Guyana.

The CCJ ruled that no confidence vote in December 2018 is VALID; hence the government must resign and conduct an election within three months.

The three months should start from the date of the official CCJ decision.

The three-months period has passed hence the government is functioning contrary to the Guyana constitution.

FM
Demerara_Guy posted:

Perhaps, the Chief Justice is in a continual mode of "acting" and unaware of the basic issues of the law/constitution of Guyana.

The CCJ ruled that no confidence vote in December 2018 is VALID; hence the government must resign and conduct an election within three months.

The three months should start from the date of the official CCJ decision.

The three-months period has passed hence the government is functioning contrary to the Guyana constitution.

The highlighted part of the statement is incorrect.

Django
Django posted:
Demerara_Guy posted:

Perhaps, the Chief Justice is in a continual mode of "acting" and unaware of the basic issues of the law/constitution of Guyana.

The CCJ ruled that no confidence vote in December 2018 is VALID; hence the government must resign and conduct an election within three months.

The three months should start from the date of the official CCJ decision.

The three-months period has passed hence the government is functioning contrary to the Guyana constitution.

The highlighted part of the statement is incorrect.

What does section 106, subsections (6) & (7) of Guyana Constitution say on this specific matter?

FM
Last edited by Former Member
Demerara_Guy posted:
Django posted:
Demerara_Guy posted:

Perhaps, the Chief Justice is in a continual mode of "acting" and unaware of the basic issues of the law/constitution of Guyana.

The CCJ ruled that no confidence vote in December 2018 is VALID; hence the government must resign and conduct an election within three months.

The three months should start from the date of the official CCJ decision.

The three-months period has passed hence the government is functioning contrary to the Guyana constitution.

The highlighted part of the statement is incorrect.

What does section 106, subsections (6) & (7) of Guyana Constitution say on this specific matter?

Government conduct elections in Guyana ?

Django
Django posted:
Demerara_Guy posted:
Django posted:
Demerara_Guy posted:

Perhaps, the Chief Justice is in a continual mode of "acting" and unaware of the basic issues of the law/constitution of Guyana.

The CCJ ruled that no confidence vote in December 2018 is VALID; hence the government must resign and conduct an election within three months.

The three months should start from the date of the official CCJ decision.

The three-months period has passed hence the government is functioning contrary to the Guyana constitution.

The highlighted part of the statement is incorrect.

What does section 106, subsections (6) & (7) of Guyana Constitution say on this specific matter?

Government conduct elections in Guyana ?

Section 106, subsections (6) & (7), Guyana Constitution on the procedure for a successful no confidence vote in parliament.

Section 106

(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.”

FM
Demerara_Guy posted:
Django posted:
Demerara_Guy posted:
Django posted:
Demerara_Guy posted:

Perhaps, the Chief Justice is in a continual mode of "acting" and unaware of the basic issues of the law/constitution of Guyana.

The CCJ ruled that no confidence vote in December 2018 is VALID; hence the government must resign and conduct an election within three months.

The three months should start from the date of the official CCJ decision.

The three-months period has passed hence the government is functioning contrary to the Guyana constitution.

The highlighted part of the statement is incorrect.

What does section 106, subsections (6) & (7) of Guyana Constitution say on this specific matter?

Government conduct elections in Guyana ?

Section 106, subsections (6) & (7), Guyana Constitution on the procedure for a successful no confidence vote in parliament.

Section 106

(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.”

Please go easy pun the chap.

K
Demerara_Guy posted:
Django posted:
Demerara_Guy posted:
Django posted:
Demerara_Guy posted:

Perhaps, the Chief Justice is in a continual mode of "acting" and unaware of the basic issues of the law/constitution of Guyana.

The CCJ ruled that no confidence vote in December 2018 is VALID; hence the government must resign and conduct an election within three months.

The three months should start from the date of the official CCJ decision.

The three-months period has passed hence the government is functioning contrary to the Guyana constitution.

The highlighted part of the statement is incorrect.

What does section 106, subsections (6) & (7) of Guyana Constitution say on this specific matter?

Government conduct elections in Guyana ?

Section 106, subsections (6) & (7), Guyana Constitution on the procedure for a successful no confidence vote in parliament.

Section 106

(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.”

"Conduct" and "Hold" does not have the same meaning.

Django
kp posted:
Demerara_Guy posted:
Django posted:
Demerara_Guy posted:
Django posted:
Demerara_Guy posted:

Perhaps, the Chief Justice is in a continual mode of "acting" and unaware of the basic issues of the law/constitution of Guyana.

The CCJ ruled that no confidence vote in December 2018 is VALID; hence the government must resign and conduct an election within three months.

The three months should start from the date of the official CCJ decision.

The three-months period has passed hence the government is functioning contrary to the Guyana constitution.

The highlighted part of the statement is incorrect.

What does section 106, subsections (6) & (7) of Guyana Constitution say on this specific matter?

Government conduct elections in Guyana ?

Section 106, subsections (6) & (7), Guyana Constitution on the procedure for a successful no confidence vote in parliament.

Section 106

(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.”

Please go easy pun the chap.

Looks like you lack  comprehension of the English Language, does "Hold" and "Conduct " have the same meaning ??

Django
Last edited by Django

Djanjo say 32 is greater than 33 so what ever facts ayo tell the man he gon dispute 

i see base put some lash on he rass  every day for spreading false information and not understanding his own comments ... Heh Heh 

FM

It’s written in black and white , is only them “FOOLS “ in government and GNI trying to rewrite the judgement.  

Delivering her judgment, the Chief Justice said that the language used by the CCJ in its June 18 decision made it “…evident that the effect of the NCM was the immediate resignation of Cabinet, but the Court clearly state  that notwithstanding this, the tenure in office of the Cabinet, including the President, as well as Government as a whole, “is on a different footing” – is that of a caretaker mode consequent to the passage of the said NCM.”

FM
Dave posted:

It’s written in black and white , is only them “FOOLS “ in government and GNI trying to rewrite the judgement.  

Delivering her judgment, the Chief Justice said that the language used by the CCJ in its June 18 decision made it “…evident that the effect of the NCM was the immediate resignation of Cabinet, but the Court clearly state  that notwithstanding this, the tenure in office of the Cabinet, including the President, as well as Government as a whole, “is on a different footing” – is that of a caretaker mode consequent to the passage of the said NCM.”

The basis of the Chief Justice’s decision was that the issue was a live one before the Caribbean Court of Justice (CCJ), which pronounced on the matter. In those circumstance, she said, a court of first instance, which she sat as, is bound to that decision by the principle of precedent. Consequently, and since Nandlall was a party to those proceedings, the application was dismissed as wholly misconceived, vexatious, and an absolute abuse of process.

Delivering her judgment, the Chief Justice said that the language used by the CCJ in its June 18 decision made it “…evident that the effect of the NCM was the immediate resignation of Cabinet, but the Court clearly stated that notwithstanding this, the tenure in office of the Cabinet, including the President, as well as Government as a whole, “is on a different footing” – is that of a caretaker mode consequent to the passage of the said NCM.”

The Chief Justice further said that in these circumstances “there could not have been, and cannot be any requirement for a mandatory order compelling Cabinet including the Government to give effect to the resignation of the Cabinet, including the President…”

 

You don't pick and choose, that's for low level thinkers, read again!!!

Django

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