IN THE High Court today, Guyana’s Chief Justice (ag) Roxane George-Wiltshire has committed to making a ruling in challenges to last month’s No-Confidence motion by the end of January.
The Chief Justice (ag) heard the ‘Fixed Date Application’ in which a New Amsterdam farmer, Compton Reid, is challenging the validity of the vote cast by Charrandass Persaud in the National Assembly on December 21, 2018.
The Chief Justice (ag) also heard the Fixed Date Application filed by the Attorney General Basil Williams, in which he is challenging the passage of the No-Confidence Motion against the Government on the basis that the Opposition did not secure a majority as required by the Constitution.
In both cases, the applicants are asking the court to set aside the order of the Speaker of the National Assembly that the No-Confidence Motion, Resolution No. 101 was passed.
On Tuesday, the Chief Justice (ag) set aside January 18,2019 for submissions; January 21,2019 was set as the date for rebuttals.
The first case, which addresses the issue of dual citizenship, will be heard on January 24, 2019.The other matter in which the Attorney General is challenging the passage of the No-Confidence Motion against the Government will be heard on January 25,2018.
On Tuesday,the Chief Justice also noted that on January 23,2019 a hearing will be held on a petition filed by political commentator Christopher Ram who wants the High Court to find that the no-confidence motion was validly passed on December 21, 2018.
On December 21, 2018, the Speaker had declared that the Opposition sponsored motion was passed after 33 Members of Parliament voted in its favour and 32 against. However, some legal luminaries have since argued that the 33 votes did not constitute an absolute majority as required by the Constitution. As such, the Attorney General is asking the court to determine if the motion of no-confidence was validly passed or whether the requisite majority of all the elected members of the National Assembly ought properly to be 34 votes.
He is also seeking an order to allow for the President and all ministers of the Government to remain in office on the basis that a majority vote was not duly carried in accordance with Article 106 (6) of the Constitution.
Speaker of the National Assembly and the Leader of the Opposition, the mover of the motion, are the named the respondents. The Speaker by way of a notice has indicated that his attorney is Rafiq Khan, S.C.