Georgetown: The Court of Appeal on Thursday refused to grant an “interim” stay of the High Court decision, which upheld December 21, 2018 no -confidence motion against the Coalition Government.
Judge Rishi Persaud told legal teams representing parties named in the appeal that he would move to grant an expeditious decision after hearing the oral arguments in the case.
Justice Persaud said that he is not minded to grant an interim stay at this time.
During the case management hearing, the lawyers agreed to submit all written arguments and then present oral submissions on March 15.
The government, through Attorney General and Minister of Legal Affairs, Basil Williams has moved to the Court of Appeal—where it is seeking an interim stay of the judgments and orders made by Chief Justice (CJ) Roxane George Wiltshire—in relation to cases arising from the December 21, 2018 passage of the No-Confidence Motion in the National Assembly.
The government is further asking for a Conservatory Order, preserving the previously existing state of affairs that the President, Cabinet and all Ministers of the Government remain in office until the hearing and determination of the appeal filed in regards to the judgments, which were handed down on January 31, at the High Court in Georgetown.
In the court filings, Dr. Barton Scotland, Speaker of the National Assembly of Guyana; Bharrat Jagdeo, Leader of the Opposition and Christopher Ram, Attorney-at-law have been listed as Respondents.
In a Notice of Appeal filed, the government said that the CJ erred and misdirected herself in law when she ruled that the National Assembly of Guyana properly, validly and lawfully passed a motion on a vote of confidence provided for by Article 106 (6) of the Constitution by 33 votes and that Government was defeated.
Attorney General Williams further contended that the CJ erred and misdirected herself in law when she ruled that the passage of the motion of no confidence provided for by Article 106 (6) of the Constitution by the National Assembly on 21st December, 2018 requires immediate resignation of the President and Cabinet.
“The Honourable Chief Justice Roxane George Wiltshire erred in law and fact and her decision was unreasonable and cannot be supported having regard to the evidence,” Williams maintains.
The government has filed a summons with the Court of Appeal supported by an affidavit sworn to by State Counsel Raeanna Clarke, in which it is requesting the Stay and Conservatory Order. According to Clarke, “I am advised by my Attorneys-at-law and verily believe that the Conservatory order is necessary to preserve the status quo ante as the period for the hearing and determination of the matter may expire before that time prescribed in Article 106 (7) of the Constitution, which requires that the President and Government remain in office and hold elections within three (3) months.”
Clarke said, “That I will contend that the appeal has good prospects of success and the Honourable Court ought to grant a stay and a conservatory order in order to ensure that if the appeal is successful, it is not rendered nugatory.”
Clarke, in the affidavit, said that the Court of Appeal has held that it has jurisdiction to grant a stay of execution of a declaratory judgment in matters that would affect the public interest.
Meanwhile, the Attorney General reiterated that it is not possible for the government to conduct an election, but rather it is the Guyana Elections Commission (GECOM) who is authorised to do so based on its readiness.
AG Williams argued that 106 (7) of Guyana’s Constitution is an ‘erroneous provision’ and that one will require reading of other provisions in the constitution to arrive at a sensible outcome.
“It proposes to repose in the government the conduct of elections and the government does not have the conduct of elections. The party given the responsibility for the conduct of election according to our constitution is the Guyana Elections Commission and there is a set of provisions dealing with that from 161 to 162, where they have the absolute remit for the conduct of elections.”
He made it clear that there will be no constitutional crisis if the Opposition Leader does not meet with the President within the 90-day period.
“There is no drop-dead date after 90 days. There were two options given inside that same provision, 30 days or a longer period. This means that if you don’t make that 3 months then you enter into a process to arrive at a two-thirds majority. It means that the section contemplated after 90 days without an election, you move to the stage where the two parties talk to get a two-thirds majority and that has to be a process so it means that there must have recognised that it could not be 90 days exactly.”
The Attorney General said that President David Granger is prepared to meet with the Opposition Leader.
In the interim, he said that the government is pursuing a legitimate remedy in the court since it believes that the December 21 vote was erroneous and miscalculated.
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