THE A Partnership for National Unity + Alliance For Change (APNU+AFC) Government will soon present its case before the Speaker of the National Assembly, Dr. Barton Scotland, on the controversial no-confidence vote.

The government made the announcement on Sunday, saying that it will soon submit a brief to the Speaker. Based on a leaked legal memorandum seen by Guyana Chronicle, the government is analysing six critical issues and will ask the Speaker to revise his decision primarily on the basis that 34 votes constitute a majority in this particular case and not 33.
Dr. Scotland, following the vote, had announced that the National Assembly will convene on January 3, 2019, to deal with the “consequences” of the vote, and it is within this realm that government will put forward its case.

In a statement on Sunday, the coalition government said it respects the guidance of the Speaker and the integrity of the process.
“In the interest of the preservation of our democracy, even in challenging circumstances, such as presently encountered, all members of the National Assembly are duty bound to adhere to the direction of the Speaker,” the David Granger-led administration said.
The government said it has taken careful note of statements and comments which seek to sway the public’s mind away from the direction of the Speaker’s announcement with the intention of creating unease, mischief and discord.

NOT HELPFUL
“The coalition government believes that these statements are not helpful in the present situation because there are forces at play who are seeking to subvert and railroad the democratic process.

“As such, the coalition government alerts the Guyanese people that it is aware of these attempts to circumvent the democratic process and that all attempts would be made to resist the distortion of the Speaker’s announcement,” it said.
During the last sitting of the National Assembly after government MP Charrandas Persaud crossed the floor to vote in favour of the Opposition- sponsored motion, the Speaker in his

closing remarks said:
“There is more to be done in relation to it, and in the coming weeks, if not days, that will be known and appreciated. When we gather again we will be refreshed and energised to continue the work which will be set before us.”

Amid claims of breach of Constitution, the coalition government reaffirmed that it remains singularly committed to the rule of law and the safety and wellbeing of all Guyanese. It said it will continue to act in the best interest of all Guyanese.
“Thorough efforts have been made to ensure a safe and peaceful holiday season and this has been achieved thus far despite attempts by the Opposition to create uncertainty and instability,” it said.

The Opposition Leader, the mover of the motion, has called for the government to step down, but on Sunday the government made it clear that until and unless fresh elections are held, it will remain in full control of the governance apparatus of the State and will continue to carry out its mandate according to its constitutional requirement.
It said any suggestion to the contrary is intended to breed anarchy and disorder in Guyana and that too will be resisted.

HAVE FAITH IN GOV’T
“The coalition government calls on all right-thinking Guyanese to continue to maintain faith in government and reject subversive attempts to create confusion and uncertainty for political motives.”

In the legal memorandum, which will be handed to the Speaker for his consideration, the government singled out Article 106(6) of the Constitution, which outlines the requirements if a government is to be defeated on a vote of no-confidence.
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.”
It was noted, in the legal memorandum, that the constitutional requirement for voting on a motion of no-confidence is distinct from voting on the passage of legislation and ordinary motions.

In the case of a no-confidence motion, an absolute majority of all the elected members of the National Assembly is required.
“The passage of legislation and motions outside of article 106 (6) procedurally only requires a vote of those members present and voting. By way of example, Article 168 of the Constitution deals with voting on motions generally and provides that ‘Save as otherwise provided by this Constitution, all questions proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting.’
“Therefore, it is clear that the intention of Article 106 (6) is that there must be a majority of ‘all the elected members of the National Assembly’ as a vote of confidence falls outside the ambit of article 168,” the Attorney General explained in the brief.
Pointing to the Merriam Webster Dictionary (1828), he said ‘majority’ is legally defined as a number greater than half.

With the National Assembly having 65 members, mathematically, half of all the elected members would result in a fraction of 32.5, the Attorney General said.
“There are judicial authorities in the Commonwealth to show that where a number results in a fraction, the next highest whole number would represent the majority. In the instant case as half of 65 results in the fraction of 32.5, that figure should then be rounded to the next whole number being 33 which would now represent half of the elected members. In accordance with practice, application of the meaning of majority means that ‘1’ must now be added to ‘33’ to calculate a majority,” he explained.
The government believes that if the Speaker erred in his ruling, that error can be revisited and corrected by him without the aid of Parliamentary process, once he recognises his constitutional mishap.