…Speaker affirms government continues without restrictions
…says CCJ final ruling will give clear directions

SPEAKER of the National Assembly, Dr. Barton Scotland, reaffirmed that the Government remains in power without limitation, when he addressed the House during its first sitting since the Court of Appeal overturned the decision of the High Court, and ruled that the Vote of No-Confidence was invalid.

With the matter now at the level of Caribbean Court of Justice (CCJ), he said the country’s final appellate court will guide the country on the way forward. Before a packed public gallery, and empty seats on the Opposition side of the House, the Speaker, in his address on Friday, apprised the National Assembly on the state of affairs as the Government Members of Parliament listened attentively – four of them, newly minted. The Opposition MPs have long indicated that they will not attend the National Assembly until a final determination on the validity of the no-confidence motion is made by the CCJ.

In giving a synopsis of the events that took the country by surprise, Dr. Scotland recalled that it was during the 111th Sitting of the House, on 21st December 2018, that a No-Confidence Motion brought against the A Partnership for National Unity + Alliance for Change (APNU+AFC) Government by the Opposition, was declared passed.

“In the interim between the declaration of the Speaker and the date named for the next Sitting, which was the 3rd January 2019, a number of issues arose which, in the opinion of the Speaker, required definitive settlement by a duly constituted and fully mandated body outside of the National Assembly,” he explained, noting that the issues related to interpretation of certain provisions of the Constitution.

Dr. Scotland said the institutions fully charged with the authority to render full and binding interpretation of provisions of the Constitution of Guyana are the High Court, the Court of Appeal and the Caribbean Court of Justice – the country’s final court.

“The present state of things is that the High Court has considered the Constitutional issues. The findings of the High Court have been appealed to the Court of Appeal of Guyana and the findings of the Court of Appeal have been appealed to the Caribbean Court of Justice. Both the Government and the Opposition have engaged the Appellate Jurisdiction of the Courts,” Dr. Scotland detailed.

The CCJ has fixed May 9 and 10 for oral arguments in the Appeal. “At the close of the hearing, the CCJ will issue directions as to the next course of action,” the Speaker said, while noting that through his independent Legal Counsel, Senior Counsel Rafiq Khan, the courts have been informed that he will respect their decisions and will not participate in the contentious aspects of the case.

“The High Court in its findings confirmed that the vote in favour of the No-Confidence Motion was validly passed and that the Government should resign and within three (3) months call elections. The findings of the High Court were appealed to the Court of Appeal. The Court of Appeal found that the No-Confidence Motion was not validly passed,” Dr. Scotland further detailed.

He said it was important to note that the Appellate Court’s decision was delivered on the very day after which the three (3) months period for the naming of a date for elections would have expired.

As a result of the ruling of the Court of Appeal, he said Government returned to the same position of authority which it possessed before the No-Confidence Motion was debated on the 21st December 2018. That position remains to date, the Speaker told the House.

“The present position is therefore that the Government continues to exercise its authority to govern the country without limitation,” he told those seated in the House, noting that once the CCJ rules on the matter, he will inform the National Assembly of the consequences of the decision.

On March 22, the Appeal Court, ruled by a 2-1 margin that the No-Confidence Motion was not passed on the night it was put to a vote on the grounds that the Parliamentary Opposition did not acquire an absolute majority of 34 or more votes as required by the Constitution – reinforcing a position held by the Government. The Opposition had only acquired 33 votes.

The legal battle on the validity of the vote of no-confidence also brought to the fore an issue of dual citizens, unconstitutionally, sitting in the National Assembly. Article 155 of the Constitution bars Members of Parliament from swearing allegiance to foreign powers, and on the night of the vote, it was revealed that the MP – Charrandass Persaud who betrayed his Government by voting in favor of the motion, had dual citizenship. Persaud was subsequently recalled and seven other MPs, who are also dual citizens, stepped down this month.

“One of the effects of the findings of the High Court is that persons who hold dual citizenship cannot lawfully occupy a seat in the National Assembly. A number of the Members of Parliament, four Ministers and three members of the Opposition, who held dual citizenship, have taken steps to put themselves in order by resignation from the National Assembly,” the Speaker explained.

Former Ministers of Government Joseph Harmon, Carl Greenidge, Dominic Gaskin and Dr. Rupert Roopnaraine have resigned due to their foreign status and were replaced on Friday by Mervyn Williams, Tabitha Sarabo-Halley, Donna Mathoo and Reynard Ward when they were sworn in as Members of Parliament.