Having been absent from the National Assembly for more than six consecutive sittings of the First Session of the Twelfth Parliament, the APNU+AFC opposition is seeking to have Vice President Bharrat Jagdeo’s seat declared vacant.
In an action filed, opposition MPs Christopher Jones and Tabitha Sarabo-Halley are asking a Court to declare Jagdeo’s seat vacated, because of his absence from the House.
In a joint press statement they issued after filing their application yesterday, Jones and Sarabo-Halley said that “good governance relies heavily on the active participation of all elected officials.”
At a press conference yesterday, Jagdeo said that the issue will be addressed by the Speaker of the National Assembly, Manzoor Nadir.
Through their attorney Roysdale Forde SC, the Applicants have advanced in their fixed date application (FDA) that given the conjoint effect of Articles 54 and 156 1 (b) of the Constitution and Standing Order 106 (2) of the National Assembly, Jagdeo’s seat stands vacated because of his absence.
Jones and Sarabo-Halley argue that in accordance with Article 183 (2) of the Constitution, as a consequence of Jagdeo’s absence, he ceases to be a member of Cabinet and to hold the offices of Vice President and Minister of the Government.
They depose in their application that recorded in the Minutes of Proceedings of the 69th to 79th sittings of the National Assembly of the First Session (2020-2024) of the Twelfth Parliament, Jagdeo has been absent for 11 consecutive sittings.
Noting that the Minutes are a conclusive record of the Assembly’s proceedings, Jones and Sarabo-Halley say that the relevant constitutional provisions and the Standing Order, provide that Members of the National Assembly shall vacate their seats given such absence.
Article 156 (1) (b) they note, provides that if such a person is absent from the sittings of the Assembly for such period, and in such circumstances, as may be prescribed in the rules of procedure of the Assembly; then that person must vacate their seat.
Article 106 (2) they then went on to emphasize, states that “if without the leave of the Speaker obtained in writing before the end of the last of the Sittings referred to in this paragraph, any elected Member is absent from the Assembly for more than six (6) consecutive Sittings occurring during the same Session and within a period of not longer than two calendar months, he or she shall vacate his or her seat in the Assembly under Article 54 and 156 (1) (b) of the Constitution.”
Against this background, the Applicants say that with Jagdeo’s absence, he has effectively vacated his seat in the National Assembly by virtue of the conjoint effect and operation of Articles 54 and 156 1 (b) of the Constitution and Standing Order 106 (2).
“As members of the National Assembly, it is right and proper that the Applicants insist and demand that there be full and complete compliance with the Constitution,” Jones and Sarabo-Halley say.
In their statement to the press, the Applicants say that they are particularly urging the Court to “consider the constitutional and legal implications” of the Vice President’s absence from parliamentary sessions.
Their application they further added, “seeks to uphold the Constitution…and to secure the integrity of the parliamentary system, in our beloved country- Guyana.”
In addition to the declarations being sought, Jones and Sarabo-Halley are also seeking costs and any further order the Court deems just to grant.
Apart from Jagdeo, the other Respondents in the court action are the Attorney General and the Speaker of the National Assembly.
