… CJ rules no-confidence motion validly passed
…dual citizens cannot sit in Guyana’s Parliament
Acting Chief Justice Roxane George SC has ruled that the no-confidence motion brought against the APNU/AFC Coalition Government on December 21 was validly passed and the President and Cabinet would have to resign as per the Constitution.
On Thursday, the Chief Justice delivered several rulings, all in one.
The CJ ruled that the vote of former APNU+AFC Member of Parliament Charrandas Persaud which brought down the APNU/AFC Government in a vote of no-confidence is valid. Persaud’s vote had been challenged by Coalition supporter Compton Reid.
She said that Reid would have had to file an elections petition within 28 days after the election to challenge Persaud’s eligibility as an elected member of the National Assembly.
She noted that there was sufficient evidence presented before the court that Persaud had dual citizenship and this was not challenged by Persaud during the proceedings. Nevertheless, taking account of article 165 of the Constitution, the vote was valid.
Justice George however said that the court has jurisdiction to pronounce on the dual citizenship matter saying that Persaud is indeed a dual citizen. She noted that the constitution is very clear about persons with dual citizenship status being ineligible to sit as an MP in the Parliament.
It was established that Charrandas is a Guyanese citizen by birth. The evidence is that in order to 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.
However, she ruled that even though it was unconstitutional to be a dual citizen and serve in the National Assembly, the voting by Charrandas did not invalidate the no-confidence proceedings.
She noted that if he had voted against the motion, there would not have been any contestation.
Justice George also addressed other cases filed on behalf of the Government by Attorney General (AG), Basil Williams that sought to put a hold on the enforcement of the motion since he was contending whether the said 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.
According to the CJ, House Speaker Dr Barton Scotland found that the motion was carried by majority of 33-32.
She noted that the validity of the motion was not doubted when it was carried on December 21. In her ruling the CJ said that in Guyana’s 65-member National Assembly a majority is 33.
As such the CJ posited that the no confidence motion was validly carried. 
She outlined that the President and the Ministers cannot therefore remain in Government in accordance with Articles 106 and 107 respectively.
Article 106 (6) of the Constitution states: “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.”
Meanwhile, clause 7 goes on to state that “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.”
Attorney General Basil Williams has since indicated that the Government will “go all the way” to the Caribbean Court of Justice to appeal the case.
