MPs cannot vote against the list unless otherwise advised – AG tells CCJ

─ oral presentations concluded, written submissions to be presented to CCJ next week after which date for ruling will be announced

─ no provision in the Constitution of Guyana stipulates that an MP must vote with the list, but it is a “political position” – AG clarifies 

DPI, Guyana, Friday, May 10, 2019

In closing submissions today, Attorney General and Minister of Legal Affairs, Basil Williams SC. explained to the Caribbean Court of Justice (CCJ) that a sworn Member of Parliament (MP) cannot vote against the list unless otherwise advised by the Chief Whip.

On day two of the hearings at the CCJ on the consolidated appeals regarding the December 21, 2018 vote, the Attorney General told the court:

“[In Guyana] both the government and the opposition have Chief Whips and the Whips determine how you vote in a particular sitting in Parliament.”

He clarified that no provision in the constitution stipulates that an MP must vote with the list, but it is a “political position”.

AG Williams emphasised that the convention is that you vote in support of the decision taken at the caucus before the sitting, adding that the chief whip will advise members when a conscience vote can be exercised.

“In Guyana, we’ve had situations where for example, on the question of the LBGT situation and the question of capital punishment… the [Chief] Whip tells you can vote your conscience, but if the [Chief] Whip doesn’t tell you; you can’t vote against the list.”

On December 21, 2018, Charrandass Persaud, then a member of the Assembly who was extracted from the APNU+AFC Coalition List, voted in favour of a motion that was tabled in the National Assembly by the parliamentary opposition, against the APNU+AFC Coalition Government, enabling its passage.

Justices hearing the case today were; (CCJ President) Adrian Saunders, Jacob Wit, David Hayton, Winston Anderson and Maureen Rajnauth-Lee.

The three consolidated appeals before the CCJ are; Christopher Ram v The Attorney General of Guyana; Opposition Leader Bharrat Jagdeo v the Attorney General of Guyana, Basil Williams, Dr Barton Scotland and Joseph Harmon; and Charrandas Persaud v Compton Herbert Reid, Dr Barton Scotland, Bharrat Jagdeo and Joseph Harmon.

Anara Khan.

Image: Kawsie Wishart.