By AZP Staff
GUYANA – PRESIDENT of Guyana David Granger says his Government will abide by the ruling of the Caribbean Court of Justice (CCJ) which today said that that the no-confidence motion against his Government in December was valid.
In an address to the nation shortly after the CCJ ruled at its headquarters in Trinidad, Granger said, “We did not believe that the no-confidence vote was valid and neither did we believe it reflected the will of Parliament or the Guyanese people. We will however accept, and abide by, the Court’s decision.”
“It is now clear that the Guyanese people need certainty about the future and a way forward. I want to outline a clear path.”
Guyana’s constitution states that the Government is required to resign after it loses by a majority “on a vote of confidence” of all the elected members of the National Assembly.
This occurred on December 21, 2018, when Charandas Persaud, a member of the Government, added to the Opposition 32 votes in a National Assembly of 65 members. Therefore, 33 members had voted for the no-confidence motion and 32 against.
Guyana’s constitution also states that once the Government had lost a vote of confidence, an election has to be held within three months.
The CCJ noted, “Another provision of the Constitution required elections to be held within three months of the defeat of the Government on a motion of confidence, unless two-thirds of the National Assembly determined a longer period before the holding of elections.
“Despite the Speaker of the Assembly declaring that the motion had been validly passed, the Government neither resigned nor announced impending elections. This triggered a number of legal challenges in the courts in Guyana, which ultimately led to two days of hearings at the CCJ in May 2019.”
The CCJ had to make a determination on three issues. The first was on the number of votes required to pass a vote of no-confidence. The court ruled that a majority was clearly 33 votes.
The second issue was whether Persaud’s vote against the Government in the no-confidence vote was valid since he held dual citizenship. Guyana’s law prohibits dual citizens from putting themselves as candidates for the National Assembly.
The CCJ stated, “The Court found that the National Assembly (Validity of Elections) Act required that a petition alleging that Mr Persaud was disqualified from running for office would have had to be filed in the High Court of Guyana within 28 days after the publication of the results of the 2015 election.
“Since this case was filed in January 2019, the Court held that the challenge to Mr Persaud’s election to the Assembly had been out of time. The Court also rejected the submission that Mr Persaud was absolutely required to vote against the motion of no confidence along with other members of the Government.
There were also arguments on the differences between a “motion of no confidence” and “a motion of confidence.”
The CCJ, Guyana’s highest appellate court, noted, “It was argued that the provisions in the Constitution only applied to ‘motions of confidence’ which could only be raised by a member of the Government. The Court however held that the reference to ‘a vote of confidence’ in the Constitution included ‘a motion of no confidence’ which could be raised by any member of the Assembly, including the Leader of the Opposition.”
In his address to the nation Mr. Granger said Chairman of the Guyana Elections Commission (GECOM) said election would not be possible until November following a house-to-house registration.
Mr. Granger said he would issue a proclamation for general elections after a recommendation from GECOM.
The following is the address by President of Guyana, David Granger:
The no-confidence motion in December 2018, and the independent legal processes in the courts that followed it, have been of utmost importance to me and the Government.
We respect the legal process and the decision of Caribbean Court of Justice as well as the Constitution of the Cooperative Republic of Guyana.
We did not believe that the no-confidence vote was valid and neither did we believe it reflected the will of Parliament or the Guyanese people. We will however accept, and abide by, the Court’s decision.
It is now clear that the Guyanese people need certainty about the future and a way forward. I want to outline a clear path.
It is essential that we hold fair, free and credible elections. We cannot proceed on the current list of voters. It is outdated and corrupted. It may hold as many as 200,000 incorrect entries. What’s more, those who have reached the age of 18 years since the last election are not on it.
The Constitution entitles all citizens over the age of 18 the right to vote. It is a democratic imperative that house-to-house registration be completed swiftly so we can have an election at the earliest opportunity.
The Chairman of the Guyana Elections Commission, Justice Patterson, has previously informed me that the Commission will be ready to hold elections in November 2019. This will be after the completion of house-to-house registration. I now await a recommendation for a specific date from GECOM and I will then issue a proclamation.
We will be heading to the polls and there’s going to be a crucial choice for our citizens.
A choice to decide the future of our country and, most importantly, the future with regard to jobs, living standards, and education for our children.
The International Monetary Fund (IMF) has recently indicated that Guyana is on the right path in respect to our management of Guyana’s oil resources.
Guyanese will be given the choice to elect a government they trust to continue on this path, to keep Guyana moving forward, to secure a better life for every family with the united APNU+AFC coalition, or risk our future by returning to the past.
Guyana, since my election in 2015, has been moving in the right direction after 23 years of stagnation under successive PPP administrations.
Significant progress has been made. But real change is neither quick nor easy to come by.
There is still a lot more to do.
I will devote all my energies until the forthcoming election to serve our people and our country and deliver good governance.
Guyanese can confidently expect to live in a country that is moving forward; with communities that are safer; in a society that is more cohesive; with better infrastructure, greater access to quality education and an economy that is more resilient – providing better jobs.
We are on the right path.
When the election comes, I urge all our people, of whatever background, to support me and the APNU+AFC coalition to give us the opportunity to secure the best future for Guyana.
I call on all Guyanese to remain calm and I assure you that the Government will abide by the Constitution of the Cooperative Republic of Guyana.
