Chief Justice to hand down decision today

No-confidence resolution challenge

As the March 21, 2019 countdown for elections approaches, all eyes will be focused on acting Chief Justice Roxane George, SC, who is slated to hand down decisions on several legal challenges at the High Court today.

Chief Justice (ag) Roxane George, SC

These relate to last December’s passage of the no-confidence motion that toppled the David Granger-led coalition Administration after now-expelled Alliance For Change (AFC) Member of Parliament (MP) Charrandas Persaud voted in favour of the Opposition-filed motion.

One of the cases to be ruled upon today is that of Government supporter Campton Reid, who is challenging the validity of Persaud’s vote, stating that he had falsely declared that he was a Guyanese citizen. Opposition Leader Bharrat Jagdeo, through Attorney Anil Nandlall, obtained approval to become a party to the proceedings. Jagdeo had pointed to political issues that could have far-reaching implications for national democracy, peace, order, and good governance in Guyana. As such, he believes that filing a legal action will help to diminish the possibility of this ever occurring.

The other case filed on behalf of Government by Attorney General (AG) Basil Williams seeks to have the court put on hold the enforcement of the no-confidence resolution, which came into effect on December 21, 2018. Williams, who is seeking relief under the Constitution, wants the court to rule on whether the Speaker’s decision on the December 21, 2018 motion was indeed carried by a majority of all elected members and whether or not the 33 to 32 breakdown means it was validly passed.
On Wednesday, AG Williams presented further submissions before Chief Justice (ag) George.

The High Court

In his petition that was filed separately from the dual citizenship challenge, Williams argued that the current total of elected members of the National Assembly was 65 and the majority of members legally prescribed by Article 106 (6) of the Constitution is tantamount to an absolute majority that legally requires a vote of 34 or more. This contention has been Government’s position ever since Attorney Nigel Hughes, husband of Government Telecommunications Minister Cathy Hughes, raised the argument.

The Opposition disagrees with this position and believes that the Government is attempting to buy time in office. Under the Constitution, on the passage of a no-confidence motion, elections must be called within three months. If additional time is needed, then there must be agreement of two-thirds of the National Assembly.

Acting Chief Justice George will also rule on Attorney and Chartered Accountant Christopher Ram’s case to have the High Court validate the no-confidence resolution and have Government comply with constitutional provisions to demit office and call elections no later than March of this year. Ram has also argued that Cabinet’s failure to resign with all convenient speed and to fix an elections date could lead to uncertainty and constitutional crisis.

Ram had provided a certified copy of the no-confidence resolution as provided by Clerk of the National Assembly, Sherlock Isaacs as part of his evidence to support his case.
On Monday, the Opposition Leader reiterated that with each day that passes without President David Granger announcing a date for General and Regional Elections, Guyana slipped closer to a constitutional crisis.

Jagdeo on Monday hosted meetings at his Church Street, Georgetown office with foreign diplomats to apprise them of the political situation in Guyana following the no-confidence resolution and to voice the parliamentary Opposition’s concerns.
“They’re (Government) behaving as if nothing happened and

we’re in a normal situation when we’re heading to a constitutional crisis. So, I pointed out clearly about that rapid pathway to a constitutional crisis and what will take place once the country gets into that situation, how we will act. And you are aware in the public domain what the approach will be on our side.”

https://guyanatimesgy.com/chie...down-decision-today/

Original Post
Billy Ram Balgobin posted:

I predict she will make a decision in favor of the coalition government.

If you are right, I predict the coalition govt will move to CCJ. These are options legally available to the government to use at its disposal. I forsee Jagdeo will come and tell the Guyanese public the PNC is using delaying tactics. When Jagdeo 3rd term case was moved from the supreme court to CCJ, what tactic was that?  

Prince posted:
Nehru posted:

Why would the PPP panic?? You mean to tell me 33<32??

The 33<32 may hold, but Charrandass dual citizenship is in question. It may totally invalidate Charrandass's vote. 

Should that happens, what about all the others with duel citizenship that voted then and in the past?

Nehru posted:

So what about the donkeys with dual Citizen dat voted???

Their cases would have to be submitted to the court before any consideration taken. In other words, you have to make a case for them. The Judge cannot reverse any action that's been voted and annexed in the national assembly by dual citizens. 

Demerara_Guy posted:

Decision on Charrandas Persaud as an MP in the legislation, would extend to ALL MP with the same connection --  dual citizenship.

How would that affect legislation passed by dual citizenship in the national assembly before this case? 

Prince posted:

PPP in Panic

Chief Justice to hand down decision today

No-confidence resolution challenge
As the March 21, 2019 countdown for elections approaches, all eyes will be focused on acting Chief Justice Roxane George, SC, who is slated to hand down decisions on several legal challenges at the High Court today.
Chief Justice (ag) Roxane George, SC
These relate to last December’s passage of the no-confidence motion that toppled the David Granger-led coalition Administration after now-expelled Alliance For Change (AFC) Member of Parliament (MP) Charrandas Persaud voted in favour of the Opposition-filed motion.

https://guyanatimesgy.com/chie...down-decision-today/

Most likely, PANIC is embedded with the individual posting this article.

Prince posted:
Demerara_Guy posted:

Decision on Charrandas Persaud as an MP in the legislation, would extend to ALL MP with the same connection --  dual citizenship.

How would that affect legislation passed by dual citizenship in the national assembly before this case? 

You should have the time to personally find the answers to your query.

Prince posted:
Billy Ram Balgobin posted:

I predict she will make a decision in favor of the coalition government.

If you are right, I predict the coalition govt will move to CCJ. 

If she rules in favor of the coalition there will be no need to move to the CCJ.  It will be the PPP which will have to do so.

caribny posted:
Prince posted:
Billy Ram Balgobin posted:

I predict she will make a decision in favor of the coalition government.

If you are right, I predict the coalition govt will move to CCJ. 

If she rules in favor of the coalition there will be no need to move to the CCJ.  It will be the PPP which will have to do so.

Correct. My mistake. 

BREAKING: Chief Justice rules Charrandas’ vote valid but dual citizenship unconstitutional

 
 
Chief Justice (Ag) Roxane George, SC

Acting Chief Justice Roxane George, SC, at the High Court on Thursday pronounced on the case filed by Compton Reid over the dual citizenship of former AFC Member of  Parliament (MP) Charrandas Persaud, whose vote in support of the Opposition sponsored no confidence motion on December 21 saw Government falling.

The case filed by Government supporter, Compton Reid is contending the validity of Persaud’s vote since the former MP failed to declare that he was also a citizen of Canada, thus having dual citizenship.

The acting Chief Justice has so far determined that the court has no jurisdiction to hear challenges to Persaud’s election since the applicant Compton Reid would have had to file an elections petition within 28 days of that elections.

Justice George however said that the court has jurisdiction to comment on the dual citizenship matter saying that Persaud is indeed a dual citizen.

She noted that the constitution was very clear about dual citizenship status.

To be qualified to be elected to the national Assembly one must be 18 years old and Guyanese.

It was established that Charrandas is a Guyanese citizen by birth.

The evidence is that in order to be become a Canadian citizen one has to take an oath and bear allegiance to Canada.

Charrandas would have sworn allegiance to Canada to receive a passport.

There is no evidence that Charrandas has renounced Guyanese or Canadian Citizenship.

The CJ noted that the holding of a passport has far reaching consequences and that by renewing the passport one is renewing his own allegiance to the state.

According to the CJ by swearing allegiance to another state a dual citizen is not qualified to be elected to serve in the National Assembly.

This she noted is applicable to the MP’s who so hold dual citizenship currently in the National Assembly.

However, the vote made by Charrandas was passed and the constitutional provision must be adhered to going forward.

Even thought it was unconstitutional to be a dual citizen and serve in the National Assembly,  the voting by Charrandas does not invalidate the no-confidence motion, said the acting CJ.
 
She noted that if  he had voted against the motion, there would not have been any contestation.
 

More details in a subsequent report.

yuji22 posted:

You are lil bai and must stop talking shyte when big men are speaking !

So, you like people to go along with your logic and reject your opposition. How nice to know what democracy means to you. Go on, big man. Hope you don't run into a dead end. 

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