Nowhere in the Constitution of Guyana are the words “no confidence” mentioned. Still the courts and some Guyanese have accepted this “rewriting” of our constitution.

The notion of a no confidence or confidence vote is borrowed from England and it is to English law that we must look. In England, the concepts of a no confidence and confidence vote are different, especially since the passage of the “Fixed-term Parliament Act 2011″- in which a vote of no confidence in the English parliament must be passed in a specific form in order to create the possibility of an early general election. Under the Act, if a motion of no confidence in the government is passed in express terms, the house must then adopt a vote of confidence in that same government or an alternate government within 14 days, or a general election is held.”

Disappointingly, both rulings by Chief Justice Roxanne George and the three Appeal Court judges, upheld the argument presented by lawyers for the opposition that a confidence motion, has it is written in article 106 (6), can also take on the form of a no-confidence motion. Moreover, the courts failed to ascribe a legal interpretation to this aspect of the Constitution.

The courts failed to cite legal precedence for its conclusion. The courts’ conclusion on this matter basically relied on article 171(1) which states that any member of the assembly is authorised to bring a motion before the house.

It is my view that both the High Court and the Court of Appeal failed to properly interpret and give meaning to article 106(6) of our constitution. Unlike the words “Majority of all elected members,” the words, “defeated by a motion of confidence”, is far more unambiguous. It could be said that the leader of the opposition and speaker of the national assembly misdirected themselves by presenting to the National Assembly, a motion of “no confidence”.

It is my hope that commentators and critics of the Court Appeal’s ruling would recognise the “insertion” of the word “no” into article 106(6) of our constitution.

Regards
Quency Sabastian