Gov’t falls after APNU+AFC MP Charrandass Persaud votes yes to no confidence motion
(December 21, 2018)
A high-stakes gambit by the PPP/C paid off tonight when APNU+AFC MP Charrandass Persaud voted for the opposition motion of no-confidence meaning that fresh general elections will have to be held in three months.
Persaud, an attorney, who represents the AFC wing of the coalition, voted yes when it was his turn tonight, stunning the National Assembly and clearly taking the government benches by surprise.
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Gov’t will abide by constitutional requirements following no-confidence motion- President
(December 22, 2018)
President David Granger, this morning, said the Government of Guyana will abide by the stipulations which have been imposed on it following the passing of the no-confidence motion last night in the National Assembly.
In a statement from the Ministry of the Presidency the President said that his government will embark on discussions with its coalition partners the Alliance For Change (AFC) and those who are part of A Partnership for National Unity (APNU).
“We will do everything necessary to facilitate the smooth functioning of General and Regional Elections bearing in mind the need for normal governmental functions to continue uninterrupted,” Granger said.
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High Court asked to quash no-confidence motion
-Charrandass Persaud’s allegiance to Canada cited
(January 5, 2019)
Private citizen Compton Herbert Reid yesterday filed an action, challenging the validity of former government parliamentarian Charrandass Persaud’s election as a Member of Parliament (MP) given his Canadian citizenship – the consequence of which, he contends, is that the no-confidence motion against the APNU+AFC government could not be regarded as having been passed.
In his action, which essentially seeks a declaration that Persaud could not have been qualified for election as a member of the National Assembly in the first place since he has pledged allegiance to Canada, Reid is also asking for an order setting aside the order of the Speaker that the no-confidence motion was passed. He is also asking for an order staying the enforcement of the December 21 no-confidence motion.
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Charrandass Persaud vote valid – Chief Justice
(January 31, 2019)
The vote of former APNU+AFC MP Charrandass Persaud which brought down the government in a vote of no-confidence on December 21 is valid, Chief Justice Roxane George ruled this afternoon.
Persaud’s vote had been challenged by citizen Compton Reid. It was one of several planks seeking to overturn the vote of no confidence.
Delivering several decisions all in one, the Chief Justice said that Reid would have to file an elections petition to challenge Persaud’s eligibility as an elected member of the National Assembly. She noted that there was sufficient evidence presented before the court that Persaud had dual citizenship and this was not challenged by Persaud during the proceedings. Nevertheless taking account of article 165 of the Constitution, the vote was valid.
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Chief Justice rules that 33 is majority
-denies AG’s request for stay
(January 31, 2019)
Chief Justice Roxane George this afternoon ruled that 33 is the majority for the purposes of carrying a vote of no-confidence in Parliament.
The judge’s ruling was a major setback to the APNU+AFC’s hope of reversing the 33 to 32 vote which saw its government collapse on December 21, 2018.
After having earlier upheld the disputed vote of Charrandass Persaud, the judge said that 33 was the majority. Through its lawyers the government had argued that the majority should be an absolute one and in this case it should be 34, an argument that had been pilloried in many circles.
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Cabinet should have resigned immediately
on passing of no-confidence vote – CJ
(January 31, 2019)
Chief Justice Roxane George this afternoon ruled that Cabinet should have resigned with immediate effect upon the passage of the vote of no-confidence against the government on December 21st.
In a case brought by Attorney and chartered accountant Christopher Ram, she also said that while Cabinet resigned the President remains the President and the ministers remain ministers to perform their duties and functions of office.
Ram had asked the High Court to uphold the recent passage of the no-confidence motion against the David Granger-led government and to declare that the President and his Cabinet should immediately resign as a result.
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Gov’t asks Appeal Court to set aside rulings on
no-confidence motion
(February 6, 2019)
Government yesterday moved to the Guyana Court of Appeal to challenge two of the judgments made by acting Chief Justice (ag) Roxane George-Wiltshire on the December 21st no-confidence vote, saying that she “erred and misdirected herself in law” when she ruled that it was validly passed and that the Cabinet should have resigned and preparation for elections within the constitutional timeframe should have commenced.
Attorney-General Basil Williams is appealing the judge’s decision on his application which had argued that the motion required a 34-member “absolute majority” to succeed, and the decision on the application made by attorney-at-law Christopher Ram, who had asked the High Court to uphold the motion and to declare that the President and his Cabinet should immediately resign as a result.
Williams has not mounted a challenge to the judge’s ruling on the application by private citizen Compton Reid, who had sought to have former government Mem-ber of Parliament Charrandass Persaud’s vote invalidated due to him not being eligible to be a parliamentarian by virtue of his Canadian citizenship.
Williams is asking the Appeal Court to set aside the decisions.
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Reid challenges Chief Justice’s ruling on
no-confidence motion
(February 24, 2019)
Farmer Compton Reid has filed an appeal challenging the decisions of Chief Justice Roxane George-Wiltshire on his challenge to the validity of the passage of the December 31st no-confidence motion against government.
Reid, through a legal team headed by Senior Counsel Neil Boston and Rex McKay, says that he is dissatisfied with the entire decision and is asking the Appellate Court to set it aside. He is also asking for costs.
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Appeal Court invalidates
no-confidence vote
(March 22, 2019)
By a majority decision, the Appeal Court has invalidated the passage of the no-confidence motion against the government, saying that an “absolute majority” of 34 votes were needed.
Acting Chancellor and Yonette Cummings-Edwards and Justice of Appeal Dawn Gregory disagreed with an earlier ruling by acting Chief Justice Roxane George-Wiltshire, who upheld the validity of the passage of the motion. Justice of Appeal Rishi Persaud, in a dissenting ruling, upheld the Chief Justice’s ruling on the motion.
The ruling is a reprieve for the government, which has been pressured by the parliamentary opposition PPP/C for the holding of new elections within a three-month deadline in keeping with Article 106 of the constitution.
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GECOM Chairman’s appointment legal
-Appeal Court rules
(October 19, 2018)
The Appeal Court yesterday upheld the legality of President David Granger’s unilateral appointment of retired judge James Patterson as Chairman of the Guyana Elections Commission (GECOM), saying that he did not act unreasonably in doing so.
In an almost three-hour-long ruling, the court disagreed with arguments that President Granger’s resort to the constitutional proviso in Article 161 (2) for the unilateral appointment of Patterson was unlawfully invoked and resultantly dismissed the appeal brought by PPP Executive Secretary Zulfikar Mustapha to a previous ruling by Chief Justice Roxane George.
The court declared that the various lists supplied to the president by Leader of the Opposition Bharrat Jagdeo was not done in the manner contemplated by the framers of the constitution. As a result, acting Chancellor Yonette Cummings-Edwards and Justices of Appeal Rishi Persaud and Dawn Gregory, who heard the appeal, said the president could not thereafter be faulted for having invoked the proviso as he is legally entitled to do.
Upholding the Chief Justice’s ruling, the Justices of Appeal declared Patterson’s appointment to have been constitutional and that he was also “fit and proper” for the position as required by the constitution.
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Motion of no confidence was properly passed – CCJ
(June 18, 2019)
The Caribbean Court of Justice (CCJ) today ruled that the motion of no confidence of December 21, 2018 was validly passed.
In its ruling today in Trinidad the CCJ affirmed the right of MPs to vote against their lists and threw out arguments related to dual citizenship and the discredited 34-majority argument.
It said that articles 106(6) and 106(7) on the motion of no-confidence had been triggered.
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CCJ issues definitive orders in GECOM, No Confidence Motion cases
(July 12, 2019)
(Caribbean Court of Justice) Port of Spain, Trinidad. The Caribbean Court of Justice (CCJ) today issued consequential declarations and orders in two sets of cases from Guyana. The cases have to do with the appointment of the Chairman of the Guyana Election Commission (GECOM) and a no-confidence vote passed last December in the Guyana National Assembly. On the first case, the CCJ urged that, as a matter of the greatest public importance, “the President and the Leader of the Opposition should, as soon as possible, embark upon and conclude the process of appointing a new GECOM Chairman.” Since the Court’s decision, the Chairman of GECOM voluntarily submitted his resignation.
Regarding the consolidated matters concerning the no-confidence motion, the CCJ noted that there is clear guidance in Article 106 of Guyana’s Constitution on what should happen next. The Court stated, “upon the passage of a vote of no confidence, the Article requires the resignation of the Cabinet including the President. The Article goes on to state, among other things, that notwithstanding its defeat, the Government shall remain in office and that an election shall be held “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”.
The Court noted that the filing of the court proceedings in January, challenging the validity of the no- confidence vote, effectively placed matters on pause. The Court reminded, however, that it had rendered its decision on 18 June 2019. As to the precise orders it should make, the CCJ cautioned, however, that it is not, “the role of the Court to establish a date on, or by which, the elections must be held”. Article 106 is clear and it should be followed. The CCJ did express the view that it is expected that the Government will continue as a caretaker for the affairs of the county but that in light of its caretaker role it should be restrained in the use of its legal authority.
In the matter concerning the GECOM Chairman, the CCJ noted that since the Chairman in question had already demitted office, it was unnecessary to issue any orders on this point. However, it was the Court’s view that the appointment process of a new Chairman should be embarked upon with “the utmost urgency” in light of the CCJ’s decision in the no-confidence motion cases which has triggered the need for fresh general elections.
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Process to appoint GECOM Chairman flawed – CCJ
(July 12, 2019)
The Caribbean Court of Justice (CCJ) today found that the unilateral process by President David Granger to appoint Justice (retired) James Patterson as Chair-man of GECOM was flawed.
A summary of its findings was read this morning by President of the court, Justice Adrian Saunders at its headquarters in Port-of-Spain.
The summary noted that the historical evolution of reforms to the constitution for the Guyana Elections Commission (GECOM) moved towards inclusion and consensual discourse as opposed to unilateralism and arbitrariness that characterised the process for Justice Patterson.
Several of the justices concurred that President Granger should have provided reasons for the rejection of three lists containing 18 names.
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LEGAL CHALLENGES TO THE MARCH 2nd, 2020 ELECTIONS
Injunction secured against declaration of results
(March 5, 2020)
Lawyers associated with the PPP/C today secured an injunction against GECOM, the Chief Election Officer (CEO) and the Returning Officer for Region Four, Clairmont Mingo from declaring the election results from Monday unless done in compliance with the law.
The injunction was issued today by Justice Navindra Singh and says the respondents are restrained from “declaring the total number of valid votes electors for each List of Candidates recorded”…at the elections unless the Returning Officer for Region Four and/or CEO Keith Lowenfield comply with and ensure compliance with the process set out under Section 84 of the Representation of the People Act.
The applicant is listed as Reeaz Holladar.
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Chief Justice rules declaration for Region
Four was unlawful
(March 11, 2020)
Acting Chief Justice Roxane George-Wiltshire today ruled that there had been substantial non-compliance by the Returning Officer for Region Four Clairmont Mingo in his purported declaration of results for Region Four and the results are therefore null and void and vacated.
She also ordered that the Guyana Elections Commission cannot declare a final result until the declaration for Region Four is properly done.
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PPP moves for injunction to stop declaration without recount
-private criminal charges being pursued against RO, Volda Lawrence
(March 15, 2020)
The High Court yesterday held another Saturday sitting to hear an application by the opposition PPP/C for an injunction to restrain the Guyana Elections Commis-sion (GECOM) from declaring the final results of the March 2 polls until a recount is done in Region Four in accordance with the law.
The matter was, however, adjourned until Monday after the respondent, GECOM, indicated that it was not aware of a material submission made by the applicant.
According to attorney and executive member of the People’s Progressive Party Anil Nandlall, on Friday evening he requested that the Registrar of the High Court facilitate a sitting of the High Court and this request was granted. He said because the High Court building in Georgetown was fumigated yesterday with certain toxic chemicals, the sitting of the High Court took place at Diamond/ Grove Magistrate’s Court, on the East Bank of Demerara.
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APNU+AFC candidate
gets injunction to block CARICOM vote recount
(March 18, 2020)
High Court judge Franklyn Holder has granted an injunction restraining the Guyana Elections Commission (GECOM) from authorising a recount of ballots cast at the March 2 elections based on the agreement between President David Granger and Opposition Leader Bharrat Jagdeo.
The judge granted the applicant, Ulita Grace Moore, a regional candidate at the polls for APNU+AFC, injunctions restraining GECOM, its Chairperson and the Chief Election Officer from permitting or authorising any person or persons pursuant to any agreement between the president and opposition leader and/or any agreement between GECOM and CARICOM to count or recount any ballots cast by electors until an application for judicial review is heard.
An independent high-level team from CARICOM had flown-in over the weekend to supervise the recount of ballots due to controversy over the tabulation of the votes cast for Region Four, which opposition parties as well as international and local observers say was not done in a transparent manner.
As a result of the court order, the team has since indicated that it would be withdrawing from the recount process, which had been due to begin since Monday.
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Full Court throws out injunction against recount
(March 31, 2020)
The Full Court this morning ruled that the injunctions granted to APNU+AFC candidate Ulita Grace Moore to halt a recount of the votes cast at the March 2 polls and granted by Justice Franklyn Holder are null and void.
The Full Court comprising Chief Justice (ag) Roxane George and Justice Naresh Harnanan handed down the ruling.
The Full Court said that the matters raised in the injunction application filed by Moore are better suited for an election petition rather than the way it was presented before the court.
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APNU+AFC candidate taking recount
challenge to Court of Appeal
(April 2, 2020)
As her attorney had announced, APNU+AFC candidate Ulita Grace Moore will be appealing the Full Court’s decision discharging injections she had previously been granted which had halted preparations for a recount of votes cast at the March 2nd polls.
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Court of Appeal affirms
Full Court order clearing way for recount
(April 8, 2020)
In orders issued yesterday afternoon, the Guyana Court of Appeal reiterated that while the Guyana Elections Commission (GECOM) can proceed with a recount of the ballots cast in the March 2nd general and regional elections, it cannot abdicate or delegate its supervisory function over the election process, more particularly the recount of the ballots.
In a two-to-one decision, the Appeal Court on Sunday allowed a sliver of APNU+AFC candidate Ulita Moore’s appeal and ruled that GECOM has the authority to do a recount of ballots but cannot accord this power to any other body as appeared to have been suggested in a GECOM press release which said that a Caribbean Community (CARICOM) team would “supervise” the recount.
The appellate court also reduced into an order its finding setting aside an order of the Full Court that the High Court did not have jurisdiction to hear the matter. Justice Franklyn Holder had previously granted Moore injunctions halting the planned recount.
The Full Court comprising acting Chief Justice Roxane George-Wiltshire and Justice Nareshwar Harnanan had dismissed Moore’s case and discharged the injunction against the recount on a finding that her matter ought to have come by way of an elections petition and not judicial review as it had been filed before Justice Holder.
They ruled that Justice Holder therefore had no jurisdiction to hear the case as he had given himself.
The appellate court, however, affirmed all other orders of the Full Court the key one being that the injunction against a recount had been discharged.
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ESLYN DAVID
Court of Appeal majority ruling on valid votes may have little impact
-GECOM not restrained from acting
(June 23, 2020)
The Guyana Court of Appeal by majority decision has issued an order that the words “more votes are cast” as per Article 177 (2) (b) of the Constitution of Guyana should be interpreted to mean “more valid votes are cast” in keeping with the definition of valid votes as outlined in Order 60 of 2020 (Recount Order) but the ruling appears superfluous as GECOM has already decided the valid votes.
This Order is however stayed for three days following the granting of an application made by attorney Kashir Khan on behalf of The Citizenship Initiative and Change Guyana. No other Order was granted by the court to Eslyn David who had been seeking an order against the Chief Election Officer (CEO) presenting his final report among others.
While Justice of Appeal Rishi Persaud ruled that David’s application was misconceived and dismissed it for want of Jurisdiction both Justice of Appeal Dawn Gregory who led the panel and High Court Justice Brassington Reynolds decided that based on the wording of Article 177(4) there exists a limited jurisdiction for the Court to decide the validity of an election of a President based either on the qualification of the candidate or the interpretation of the Constitution.
David mounted the challenge via a provision in Article 177 (4) of the Constitution which says that that the Court of Appeal shall have exclusive jurisdiction to hear and determine any question as to the validity of an election of a President in so far as that question depends upon the qualification of any person for election or the interpretation of the Constitution.
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Court of Appeal decision thrown out by CCJ
-Lowenfield’s report cutting over 115,000 votes also of no effect
(July 8, 2020)
The Caribbean Court of Justice today threw out a controversial Guyana Court of Appeal decision that inserted the word valid into the consideration of votes for the election of a President.
President of the Court Adrian Saunders said in a unanimous decision that the decision of the Court of Appeal was null and void and of no effect.
The court also said that the report of the Chief Election Officer (CEO) Keith Lowenfield of June 23 cutting over 115,000 votes is invalid and of no effect.
The CCJ’s ruling today is seen as clearing the way for GECOM Chair Justice Claudette Singh to immediately move for the declaration of the recount result which shows that the opposition PPP/C has won the election.
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MISENGA JONES
CJ dismisses Misenga Jones application, says CCJ endorsed recount process
-says Mingo declaration
overtaken, Chief Election
Officer is not `lone ranger’
(July 20, 2020)
Acting Chief Justice Roxane George-Wiltshire today ruled that the Caribbean Court of Justice (CCJ) endorsed the recount of votes and that the ten old declarations from March 13 cannot be “resurrected”.
This finding was a major defeat in the latest attempt by an APNU+AFC supporter to prevent a declaration of a result from the March 2nd elections based on the recount results.
The recount had been done by agreement between President David Granger and Opposition Leader Bharrat Jagdeo and was observed by a CARICOM mission.
This newest in a series of cases connected to the elections was brought by Tucville resident Misenga Jones who wanted the GECOM Chairperson, Claudette Singh to be prohibited from using the results of the national recount to declare a winner.
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Appeal court unanimously throws out Misenga
Jones appeal
-stay of one day granted,
Kyte-Thomas says work of GECOM must be completed
(July 30, 2020)
Justices Dawn Gregory, Priya Sewnarine-Beharry and Rishi Persaud today threw out the appeal of Misenga Jones against the decision of Chief Justice Roxane George that the recount votes be used for the declaration of the result of the March 2nd general elections.
The judges also ruled that the Chief Election Officer (CEO) must submit his Section 96 report on the basis of the recount of votes. Justice Sewnarine-Beharry said that the CEO is under the direction of GECOM.
Justice Sewnarine-Beharry also ruled that the Justice George did not have jurisdiction to inquire into the validity of Section 22 of the Election Laws (Amendment) Act. Justice Gregory was of the view that Justice George did have jurisdiction.
Justice Gregory found that many of the reliefs sought by Jones were matters properly for an election petition. She upheld the recount process.
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While APNU+AFC lawyers had been contemplating appealing this decision by the Court of Appeal in the case brought by Misenga Jones to the CCJ, their decision-makers ultimately ruled against this and at a GECOM meeting of August 2nd, Irfaan Ali was declared President and subsequently sworn in.