The Guyana Government yesterday announced that it will be submitting a brief to the Speaker of the National Assembly ad-dressing the consequences of the December 21 no confidence vote against it and added that it remains committed to the rule of law.
The statement came following growing concerns that the government will try to overturn the motion of no-confidence which requires general elections to be convened within 90 days and that it was preparing to go to court to achieve this.
In the statement yesterday, the government said it will shortly submit to the Speaker of the National Assembly Dr. Barton Scotland a Brief on the outcome of the December 21 sitting. A sitting of the National Assembly has been scheduled for January 3rd. The opposition PPP/C has said that sittings should only be convened for the purposes of enabling elections or related matters and nothing else.
Yesterday’s statement from the government said that Dr. Scotland, following the vote, announced that the National Assembly will convene on January 3, 2019 to deal with the “consequences” of the vote. The government says it respects the guidance of the Speaker and the integrity of the process.
The government statement added: “In the interest of the preservation of our democracy, even in challenging circumstances, such as presently encountered, all members of the National Assembly are duty bound to adhere to the direction of the Speaker.
“The Coalition Government has taken careful note of statements and comments which seek to sway the public’s mind away from the direction of the Hon. Speaker’s announcement and to create unease, mischief and discord.
“The Coalition Government believes that these statements are not helpful in the present situation because there are forces at play who are seeking to subvert and railroad the democratic process.
“As such, the Coalition Government alerts the Guyanese people that it is aware of these attempts to circumvent the democratic process and that all attempts would be made to resist the distortion of the Speaker’s announcement”.
The statement reported the Speaker as saying on December 21st “There is more to be done in relation to it, and in the coming weeks, if not days that will be known and appreciated. When we gather again we will be refreshed and energized to continue the work which will be set before us”.
The government statement “reaffirms that it remains singularly committed to the rule of law and the safety and wellbeing of all Guyanese. The Coalition Government further reassures that it will continue to act in the best interest of all Guyanese”.
It said that comprehensive efforts have been made to ensure a safe and peaceful holiday season and this has been achieved thus far “despite attempts by the Opposition to create uncertainty and instability”.
The government statement added that until and unless fresh elections are held, it remains in full control of the governance apparatus of the state and will continue to carry out its mandate according to its constitutional requirement.
“Any suggestion to the contrary is intended to breed anarchy and disorder in Guyana and that too will be resisted.
“The Coalition Government calls on all right-thinking Guyanese to continue to maintain faith in government and reject subversive attempts to create confusion and uncertainty for political motives”, the statement added.
The Sunday Stabroek yesterday reported that Attorney General Basil Williams has advised government that Speaker of the National Assembly Scotland erred in ruling that the PPP/C-sponsored no-confidence motion against the government was carried and has urged that the Speaker be invited to reverse the ruling.
“The quintessential fact is that there has been an error on the part of the Speaker in ruling that the vote was carried. The ineluctable conclusion is that the vote was improper and unconstitutional. The Constitution’s ethos and norms must be maintained in order that Parliament do not act or purport to act in a manner subversive to the Constitution,” Williams said in a Legal Memorandum submitted to the government and which was seen by the Sunday Stabroek.
According to Williams, there was a miscalculation of the majority of all elected members as required under Article 106(6) of the Constitution for the government to be defeated on a vote of no-confidence.
“In order for the government to be defeated on a vote of confidence, 34 or more votes of all the elected members in favour of the motion was required instead of 33. This assertion is grounded in established Parliamentary precedent and practice and case law in the Commonwealth,” Williams said.
He said that the Speaker now has to consider whether 33 votes in favour of the motion of no-confidence amounted to a majority of all elected members in accordance with Article 106(6) of the Constitution, and whether the motion was passed in accordance with Article 106(6).
Article 106(6) provides that the “Cabinet including the President shall resign if the Government is defeated by the vote of the majority of all elected members of the National Assembly on a vote of confidence.”
Williams also noted that Article 168 which deals with voting on motions generally, provides that “Save as otherwise provided by this Constitution, all questions proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting.”
Pointing to the requirements of a “majority of all elected members of the National Assembly” as distinct from “a majority of the votes of the members present and voting” as outlined in the respective Articles, the AG reasoned that the constitutional requirement for voting on a motion of no-confidence is distinct from voting on the passage of legislation and ordinary motions in Parliament.
