Attorney General Basil Williams has declared to the High Court that the recent ruling of the Caribbean Court of Justice (CCJ) on the no-confidence motion that was passed against government does not require Cabinet, including the president, to resign as is stated in the Constitution.
In an affidavit filed by Deputy Solicitor-General Deborah Kumar on behalf of Williams in the challenge brought by Christopher Ram against the ongoing house-to-house registration exercise, it is argued that “the Court has never expressly or by implication ordered the Cabinet or the President to resign.”
“The clear pronouncement of the Court is that the Government inclusive of the President and the Cabinet remains in office but on a different footing until fresh elections are held,” the affidavit states.
Ram, in his submissions for the case, has argued that house-to-house registration exercise is being undertaken in violation of the Constitution, which requires the holding of elections within three months of the passage of a no-confidence motion against the government. His reasoning is that he has been advised that there is no way that the process can be completed before September 18th, which he said would further aggravate violations of the constitution and grossly disrespect the judgments, pronouncements and orders of the CCJ. The motion was passed on December 21st last year.
He further argues that since passage of the motion against the David Granger-led administration, neither the Cabinet nor President has resigned; nor has the Head of State issued a proclamation dissolving the National Assembly or fixed a date for elections to be held within the three months as is stipulated by Article 106 of the Constitution.
The attorney’s application points out that though the CCJ has declared the motion against government to have been validly passed, thus causing the clear provisions of Article 106 to be immediately engaged, the Cabinet has not resigned and, in deliberate defiance of the orders made by the CCJ, and in willful and flagrant violation of Article 106 (6) and (7), the President has not issued a proclamation dissolving Parliament nor fixed a date no later than September 18th for elections.
Williams’ submission is a response to this argument.
Article 106 (6) of the Constitution says Cabinet, including the President, shall resign if the government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.
Meanwhile, Article 106 (7) adds, “Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the elections.”
The questions of Cabinet’s resignation has remained unanswered since the June 18th ruling of the CCJ.
President Granger has repeatedly stated that he accepts his government’s interim status and respects the decision of the CCJ but has maintained that Cabinet is still functioning, without explaining the inconsistency of its position with Article 106(6). Further the President maintains that only the Guyana Elections Commission can set the date of elections.
Critics have said Article 106(6) automatically triggers the resignation of the Cabinet, which is defined by the Constitution as comprising the President, Prime Minister, Vice Presidents and Ministers, upon the passage of a no confidence vote, and that by not resigning the President and Cabinet are violating the Constitution.
On July 20th, more than a month after the ruling, Opposition Leader Bharrat Jagdeo wrote President Granger, requesting that he and his Cabinet resign forthwith in accordance with the June 18th decision of the court and the July 12th consequential orders.
In the letter, released to the press, Jagdeo also urged the president to issue a proclamation dissolving the 11th Parliament and fixing a date for regional and general elections not beyond September 18th, 2019.
In response Granger said that Attorney General Basil Williams was examining the request. Both Granger and Williams have declined to make public the advice proffered.
On Friday, Williams told this newspaper that he had completed his examination and advised the president accordingly. “I have given the President the advice. He will address you when he is ready. I can’t preempt the President,” Williams said.
Jagdeo has said that he believes that the President should seek independent advice as he had no confidence that Williams would state what is constitutionally required.
