I did not have faith that it would be ruled so but here it is...one hurdle gone. Burkey...or is it ronan, gonna cry

 

Charrandass Persaud vote valid – Chief Justice

This story is developing and will be updated.

The vote of former APNU+AFC MP Charrandass Persaud which brought down the government in a vote of no-confidence on December 21  is valid, Chief Justice Roxane George ruled this afternoon.

Persaud’s vote had been challenged by citizen Compton Reid. It was one of several planks seeking to overturn the vote of no confidence.

Original Post

Two down....

Chief Justice rules that 33 is majority

-denies AG’s request for stay

This story is developing and will be updated.

Chief Justice Roxane George this afternoon ruled that 33 is the majority for the purposes of  carrying a vote of no-confidence in Parliament.

The judge’s ruling was a major setback to the APNU+AFC’s hope of reversing the 33 to 32 vote which saw its government collapse on December 21, 2018.

 

After having earlier upheld the disputed vote of Charrandass Persaud, the judge said that 33 was the majority. Through its lawyers the government had argued that the majority should be an absolute one and in this case it should be 34, an argument that had been pilloried in many circles.

The judge today said that the court considered what is a majority of all elected members and in Guyana’s case the majority would be at least 33.

“At least 33 votes must always be obtained regardless of the voters present”, she said.

Attorney General Basil Williams then asked the court for a stay and a conservatory order to preserve the status quo. The judge refused this and advised him to take the matter to the Court of Appeal.

Chief Justice Roxane George
 

A 90-day clock has been ticking since the December 21 vote for the holding of general elections. To date the government has not recognized this neither has the Guyana Elections Commission shown any sign of observing it.

Today’s ruling by the judge will further weaken the government’s challenge to the validity of the motion of no confidence.

Attorney General  Williams had approached the High Court to settle the legality of the vote on the no-confidence motion while saying that it needed the support of an “absolute majority” of 34 members to be valid.

Williams had applied to the court for orders to stay the enforcement of the motion and enable President David Granger and all his ministers to remain in office, while contending that the ruling by House Speaker Dr Barton Scotland that it was carried by a vote of 33 to 32 was unlawful.

 

In addition to an order to stay the enforcement of the motion, Williams had asked the court for a conservatory order to preserve the status quo ante that the President and all Ministers of the Government remain in office until the hearing and determination of questions surrounding the legality of the December 21st vote.

Scotland declared that the motion was carried after then government Member of Parliament (MP) Charrandass Persaud voted with the opposition. Among the seven questions Williams had asked the court to determine is whether the motion upon a division vote of 33 to 32 MPs was validly passed as it is his contention that 34 votes were needed.

The action came after the Speaker had earlier this month refused government’s request to reverse his recognition of the motion, while declaring that the issues which have surfaced needed full and final determination by the courts.

Guyana’s constitution states that where the government is defeated on a vote of no confidence, general elections are to be held within 90 days thereafter.

 

Article 106 (6) of the Constitution provides that “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 no confidence.”

Article 106 (7) of the Constitution further provides that “notwithstanding its defeat, the Government shall remain in office and shall hold elections in three months, or such longer period as the National Assembly 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.”

While initially accepting that the motion was carried, government has subsequently argued that a “majority” as meant by this provision is not 33 members of the 65-member House but 34.

In his urgent notice of application for the orders, Williams argued that the National Assembly comprises 65 members and that, mathematically, half of all the elected members equals 32.5. Accordingly, he says that the figure should then be rounded to the next whole number, being 33, which would now represent half of the elected members and that the majority thereby being a number greater than half means that ‘1’ ought to have been added to the whole number ‘33’ to calculate an absolute majority of 34.

 

Williams was of the view that since “the motion of no confidence was not validly passed by 34 or more of all the elected members of the National Assembly,” it is resultantly void and of no legal effect to defeat the government in accordance with Article 106 (6).

“The ruling of the Speaker that the motion was purportedly carried by a majority vote of 33:32 raises concerns of serious national interest and grave and significant constitutional issues that are central to Guyana’s democracy, stability and constitutional ethos and as a consequence, requires the Court’s urgent intervention,” Williams argued.

No he meant every word, he was cussing the PPP and anyone who supports the PPP. Let him eat his mud.

Next Major event: A comfortable PPP majority with President Ali in charge !  There is no stopping the PPP train and Ali.

yuji22 posted:

D2 is on record at GNI stating that the Judge will rule in favour of the government to keep out the PPP. Eat MUD D2 !

Great news for Democracy.

CCJ might even refuse to hear this case !

How can you speak democracy and cussing black people that they can't run cake shops with the same breath? FYI, the Judge is  black woman.

yuji22 posted:

D2 is on record at GNI stating that the Judge will rule in favour of the government to keep out the PPP. Eat MUD D2 !

Great news for Democracy.

CCJ might even refuse to hear this case !

You are one truly dumb assed simpleton. I have written some tens of thousands of words as to why the APNU have it wrong. I have argued with Ronan through his snide commentary...and yes I got shadowed banned on the Chronicle for stating that the government position was preposterous and sorry...as many, I did not believe the CJ would vote in favor of one position....the constitutionality of the vote.

Why the hell should I be eating mud....mudhead...for being dubious that  the lady will up hold arguments I made? Everyday you are here cussing black people for being unfair did you commend this woman for what will be endless rebuke from her community? Note I said I am surprised and had no faith in her standing up! Well she did...I commend her, you should bow down to her. 

D2 posted:
yuji22 posted:

D2 is on record at GNI stating that the Judge will rule in favour of the government to keep out the PPP. Eat MUD D2 !

Great news for Democracy.

CCJ might even refuse to hear this case !

You are one truly dumb assed simpleton. I have written some tens of thousands of words as to why the APNU have it wrong. I have argued with Ronan through his snide commentary...and yes I got shadowed banned on the Chronicle for stating that the government position was preposterous and sorry...as many, I did not believe the CJ would vote in favor of one position....the constitutionality of the vote.

Why the hell should I be eating mud....mudhead...for being dubious that  the lady will up hold arguments I made? Everyday you are here cussing black people for being unfair did you commend this woman for what will be endless rebuke from her community? Note I said I am surprised and had no faith in her standing up! Well she did...I commend her, you should bow down to her. 

Shut you backside ! POS !

You are the clown who stated that the Justice would rule in favour of the PNC and that the PPP would eat grass, You eat MUD !

Your opinions are useless and worthless ! Go and support the shyte head party with Shoeman ! More licks on the way !

yuji22 posted:

No he meant every word, he was cussing the PPP and anyone who supports the PPP. Let him eat his mud.

Next Major event: A comfortable PPP majority with President Ali in charge !  There is no stopping the PPP train and Ali.

You are like trump; in the face of contradicting facts you still believe you nonsense. Yes I believe she would do her best to conserve the APNU position because there is hardly any black person in the nation who wants her to vote otherwise. I do need to re assess my position about her as a woman of integrity and not a water washed bought and paid for CJ as her predecessor. 

Why don't you point to us one detailed argument you made on any of the three argued points supported by the president with any person here. All you do as usual is come across as an acerbic ass wipe cussing and name calling and never once making a reasoned case that anyone knew you have a brain.  

I have sustained arguments with Django, Ronan and Caribj, endless numbers of people on SN and the Chronicle on these issues. You are as one fellow commented a useless shit bag and of no possible use to any one on this site. 

yuji22 posted:

Na Na Na. You were talking shyte before. You still need to learn a lot !

Think back in Guyana how the bottles were packed on the shelves in a drinks shop.

What are you talking about, you haven't present any thing on this forum regarding the NCV.

Just the usual babble.

Django posted:
Nehru posted:

IO hope Caribj, Rollie Poley and DJ nah knack Malathion

You got to be kidding !!!

The ruling is a win for Democracy, so now keep your fingers crossed the party you supports cut the mustard.

You would have said the same if the ruling went the other way. "a win for Democracy"

In fact what is so democratic about 1 judge deciding the fate of the NC vote?

Just look at this:

In 2015 couple coolie bannas joined the Afro dominated Coalition and brought down the Indo dominated PPP.  Few short years later, an Afro Speaker allowed a NCV.  

This Afro dominated has been taking advantage of both Afros and Indos.

A coolie MP in the Afro dominated govt voted to topple the govt.  Then the Afro Speaker refused to revisit his ruling.  The Gov’t then took it to court and an Afro CJ ruled the Coolie banna vote is valid forcing elections which could see the Indo dominated PPP winning. 

And Ayuh seh Blacks and Indians don’t get along.  That is “One People, One Nation, One Destiny” on full display.  A slogan coined by a Black President.

Drugb posted:
Django posted:
Nehru posted:

IO hope Caribj, Rollie Poley and DJ nah knack Malathion

You got to be kidding !!!

The ruling is a win for Democracy, so now keep your fingers crossed the party you supports cut the mustard.

In fact what is so democratic about 1 judge deciding the fate of the NC vote?

There are options for 3 Judges to make a ruling.

Django posted:
Drugb posted:
Django posted:
Nehru posted:

IO hope Caribj, Rollie Poley and DJ nah knack Malathion

You got to be kidding !!!

The ruling is a win for Democracy, so now keep your fingers crossed the party you supports cut the mustard.

In fact what is so democratic about 1 judge deciding the fate of the NC vote?

There are options for 3 Judges to make a ruling.

The US has 9 justices on the supreme court but some will say that it is still not democratic as these justices are stacked in favor of the republicans. What about these 3 judges? What party and race are they?

Drugb posted:
Django posted:
Drugb posted:
Django posted:
Nehru posted:

IO hope Caribj, Rollie Poley and DJ nah knack Malathion

You got to be kidding !!!

The ruling is a win for Democracy, so now keep your fingers crossed the party you supports cut the mustard.

In fact what is so democratic about 1 judge deciding the fate of the NC vote?

There are options for 3 Judges to make a ruling.

The US has 9 justices on the supreme court but some will say that it is still not democratic as these justices are stacked in favor of the republicans. What about these 3 judges? What party and race are they?

My thoughts Judges are neutral. Does race matters ?

yuji22 posted:

You don't need to re assess shyte.  Go and support the shyte head Shoeman as you boldly declared here !

Go in your corner !

Dummy...if me saying the lady will not affirm the NVC; did you ever say she would? You are just an ignoramus with the temperament and intellect of a toddler.

Ray posted:

Please, some of you PPPites would be cussing black folks if the lady ruled otherwise....

Can you be specific and post proof of PPP supporters cussing the Judge ? PPP supporters were patiently awaiting the result. GT would have been lit up with fires and looting had the PPP refuse to respect the results of a NCV. Kudos to the Judge in her ruling ! She is one brave so soul and so is the speaker. 

42 days ago Naga braggadociously proclaimed, “bring it on”. Since then, he and the rest of the Coalition team has been strapped in a state of paralysis. Only Charrandas has been enjoying the past six weeks. Time will tell if the PNC will follow the law or continue their signature bullying ways.

ronan posted:
D2 posted:

I did not have faith that it would be ruled so but here it is...one hurdle gone. Burkey...or is it ronan, gonna cry

seriously . . . you really think i am Rickford Burke?

the discernment of a 10-year old comes to mind

smfh

you do write with a bit more bile than he did so I stand corrected.

D2 posted:
ronan posted:
D2 posted:

I did not have faith that it would be ruled so but here it is...one hurdle gone. Burkey...or is it ronan, gonna cry

seriously . . . you really think i am Rickford Burke?

the discernment of a 10-year old comes to mind

smfh

you do write with a bit more bile than he did so I stand corrected.

Chances are that he is kneepad burkey. The same acerbic retort that delite had.

yuji22 posted:

D2 is on record at GNI stating that the Judge will rule in favour of the government to keep out the PPP. Eat MUD D2 !

Great news for Democracy.

CCJ might even refuse to hear this case !

Yes good news for democracy.  Under the Coalition the judges are people of integrity.  This is unlike the Jagdeo regime when they were handpicked stooges who were selected and intimidated into ruling in their favor.

Drugb posted:
Django posted:

My thoughts Judges are neutral. Does race matters ?

To ignore race in a country like Guyana is to bury ones head in the sand or slop can.

Funny that you say so and when I remind you that Jagdeo is racist you have a mental breakdown and descend into hysteria.

Add Reply

Likes (0)
Post

×
×
×
×
×