Guyana’s appeals to be heard this week at CCJ

Georgetown: Guyana‘s no confidence cases are listed amongst the high profile cases to be heard at the Caribbean Court of Justice (CCJ), this week during the period May 7 to May 10, 2019. The hearings will begin at 10am.

According to the CCJ, the Court will hear a case concerning the freedom of movement of Caribbean citizens as well as two sets of cases from Guyana concerning last December’s no-confidence motion and the appointment of Guyana’s Elections Commission Chairman.
All of CCJ’s hearings are broadcast live and the summaries of each case and the link to each of the broadcasts are on the Court’s website ccj.org.
On May 8 at 10 am the CCJ will hear a constitutional appeal brought by Mr. Zulfikar Mustapha who alleges that the circumstances of the appointment of the Chairman of the Guyana Elections Commission breaches aspects of the Constitution.
Mr. Mustapha was unsuccessful in both the High Court and Court of Appeal and has appealed to the Caribbean Court of Justice.
On May 9 and May 10, the CCJ will hear oral arguments in three consolidated matters. In December last, 33 of the 65 members of the National Assembly of Guyana voted in favour of a motion of no-confidence in the Government. One of the major questions at issue in this case is whether 34 votes were required to carry the motion.
Another disputed issue is whether one of the members who voted in favour of the motion, Mr. Charrandass Persaud, was ineligible to vote because he held dual citizenship. When the matter came before the Chief Justice in the High Court, the Chief Justice ruled that only 33 votes were required.
However, on appeal to the Court of Appeal, it was held that 34 votes were required. The matter is now before the CCJ for final determination. The matter begins at 10 am on May 9, and continues at 9 am on May 10.
Prior to hearing the no confidence cases the Court will hear the Application of Mr. David Bain, a national of Grenada, who alleges that his right to freedom of movement was infringed when he was refused entry into Trinidad and Tobago. This was set for today.
According to the court, Mr. Bain is also a citizen of the United States. On entering Trinidad and Tobago he had presented his US passport to immigration officials at the airport. The issue being probed is whether his presentation of a Grenadian driver’s licence or national identification card was sufficient to establish his Grenadian citizenship and so trigger his right to freedom of movement as a CARICOM national.