Second court case filed challenging Dec. 21 vote

− request made to nullify the Speaker’s ruling;

− stay the enforcement of resolution of the vote;

− preserve the status quo ante that the Govt remains in office until the matter is resolved

DPI, Guyana, Monday, January 7, 2019

The Attorney General and Minister of Legal Affairs, Basil Williams, SC., today, filed a legal action challenging the legality of the December 21, 2018 vote in the National Assembly. This is the second case to be filed in the matter.

The Attorney General is requesting that the court rules on several issues including whether the Speaker’s Ruling the motion debated in the National Assembly on the December 21 was carried by a vote of a majority of all the elected members of the National Assembly is unlawful, null and void being contrary to Article 106 (6) of the Constitution of Guyana.

Attorney General and Minister of Legal Affairs, SC., Basil Williams.

In the court document released by the Attorney General’s Chambers, the request is being made for the court  to also determine whether the motion, upon a division vote of 33:32 Members of the National Assembly, was validly passed as the requisite majority of all the elected members of the National Assembly pursuant to article 106 (6) of the Constitution; and whether the requisite majority of all the elected members of the National Assembly ought to be 34 votes.

Further, the court was asked to determine whether the President and all Ministers of the Government can remain in Office as a majority vote was not duly carried in accordance with Article 106 (6) of the Constitution; whether the court can make an order setting aside or nullifying the Speaker’s ruling that the motion was carried; whether the court can make an order staying the enforcement of Resolution 101 declared by the Clerk of the National Assembly to have been passed on December 21, 2018, in the National Assembly.

The court was also asked to determine whether the court can grant a conservatory order, preserving the status quo ante that the President and all Ministers of the Government remain in office until the hearing and determination of the questions being sought.

On Friday, January 4, the first court case was filed by Compton Herbert Reid, through Attorney-at-Law and Senior Counsel, Rex Mc Kay’s Chambers. The respondents, in that case, are Attorney General and Minister of Legal Affairs, Basil Williams SC., Speaker of the National Assembly, Dr. Barton Scotland and expelled Alliance For Change (AFC) Member of Parliament (MP), Charrandass Persaud.

According to the Attorney General, “the claim is restricted to the disqualification of Charrandass Persaud at the time that he voted; that he was not qualified to vote as a member of the National Assembly because of his dual citizenship”.

See full application by Attorney General and Minister of Legal Affairs, Basil Williams, SC. here

Synieka Thorne.

Image: Department of Public Information.

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