ELECTIONS PETITIONS

Last Thursday, two elections petitions, which were filed shortly after the elections results were declared on August 2, were heard before the Chief Justice. The elections petitions were fixed for what is called a case management conference. This is a routine procedure in civil matters in the High Court. It is a preparatory stage to […]

APNU+AFC: DECLARE GRANGER PRESIDENT ON FRAUDULENT RESULTS

According to media reports, if accurate, the election petition to be filed on behalf of APNU+AFC alleges that the elections were fraudulent and seeks an order that new elections be held or that Mr. David Granger be sworn in as President, presumably on the results delivered by the fraudulent elections.

THE CCJ’S TIMIDITY HAS INTENSIFIED THE CONSTITUTIONAL CHAOS IN GUYANA

The Caribbean Court of Justice has extensive powers to make the orders that had been sought in the no confidence motion cases. Without serious justification, it declined to do so. Its ‘timid and ineffectual’ decision has intensified the constitutional chaos in Guyana. High Court cases are now being brought for orders and declarations that the […]

FAIR COMMENT ON A MATTER OF PUBLIC INTEREST

In English law, fair comment on a matter of public interest is allowed. Generally, it guarantees the freedom of the press to make statements on matters of public interest, as long as the statements are not made with ill-will, spite, or with intent to harm the subject of the comment. For decades, English courts have […]

THE SIMPLE AND THE ABSOLUTE

As is now well known, the Constitution makes no distinction between a ‘simple’ and an ‘absolute’ majority. It refers only to ‘majority.’ But the Court of Appeal ruled that such a distinction exists and under Article 106(6) an absolute majority of 34 out of 65 is required for the passage of a no confidence motion. […]