Court would be appropriate forum to determine issues of membership of National Assembly pertaining to no-confidence motion
Dear Editor,
I am constrained to draw to the attention of interested persons the provisions of Article 64 of the Guyana Constitution which apparently have escaped the attention of competent authorities.
Article 64 of the Guyana Constitution provides that “(a)ll questions as to membership of the National Assembly shall be determined by the High Court in accordance with the provisions of Article 163”. And in my respectful submission most of the questions, if not all of them, being controverted in discussions addressing the recent no confidence vote in the National Assembly, relate to the membership of this organ. In the premises, it would appear that the only legitimate option available to the Government at this stage of developments is to invite the determination of the Court in an appropriate declaration. In this context, it appears to be the subject of an axiomatic assumption that in its determination the High Court will be required to address the issue of citizenship other than that of Guyana inuring to one or another member of the National Assembly and the consequences thereof.
As concerns the alleged requirement of the Government to resign, I would wish to submit that such a course of action is uncalled for and, indeed, contrary to the relevant provisions of the constitution prescribed in Article 106 (7) which provide that “(n)otwitstanding its defeat (mentioned in subparagraph 6 hereof), the Government shall remain in office and shall hold an election within three (3) 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 election.
Consequently, it is in the nature of conduct assimilable to a public mischief to require at this stage of developments the resignation of the Government and which in well-functioning democracies would be likely to attract condign sanctions.
Yours faithfully, Professor Justice Duke Pollard