THE CONSEQENCES OF HOLDING OFFICE ILLEGALLY

The statement issued by the Bar Council of the Guyana Bar Association during last week quoted a dictum of the Chief Justice (ag) in the case of Attorney General of Guyana v Dr. Barton Scotland, Mr. Bharrat Jagdeo and Mr. Joseph Harmonas follows: “I hold that the NCM [no confidence motion] was carried as the requisite majority was obtained by a vote of […]

THE STATUS QUO NO LONGER EXISTS AND THERE CAN BE NO BUSINESS AS USUAL. A NATIONAL GOVERNMENT THE ONLY WAY OUT.

The Chief Justice ruled that the no confidence motion was lawfully passed on December 21 in the National Assembly by a 33-32 vote, and that the vote of Charandass Persaud was lawful, notwithstanding that as a dual citizen he was unlawfully occupying his seat in the National Assembly. Consequent upon those findings, the Chief Justice ruled that the […]

ARE A FEW MORE MONTHS IN OFFICE WORTH THE TROUBLE?

By virtue of the now familiar Article 106(7) of the Constitution of Guyana, elections are due to be held within three months of the passage of a no confidence motion in the National Assembly on December 21, 2018, that is, by the end of March. The court has no power to alter the Constitution by […]

EXPLOITING THE SENTIMENTS OF THE ELECTORATE

In a lengthy article written in 2011 before the general elections of that year, for “Freedom House” on “Countries at the Crossroads 2011: Guyana,” Assistant Professor Joan Mars, of the Department of Sociology, Anthropology and Criminal Justice of the University of Michigan-Flint, said: “Elections are constitutionally due to be held in 2011. Calls by the political opposition for shared governance have not been endorsed […]

UNLAWFULLY HOLDING ON TO OFFICE

The Speaker of the National Assembly, Dr. Barton Scotland, having declined to reverse his declaration on December 21, 2018, that the no confidence motion against the Government had been carried on a vote of 33-32 in favour, has shifted the arena of contest to the Court. The constitutional provisions which have been automatically triggered by […]