Application for Cabinet to resign fixed for next Monday before Chief Justice

Chief Justice Roxanne George has fixed next Monday, September 9, for hearing an application filed by Former Attorney General Anil Nandlall who is seeking an order compelling Cabinet, including the President to resign in light of the successful passage of a NoConfidence Motion against government on December 21, 2018 in the National Assembly.

The NoConfidence Motion was tabled by Leader of the Opposition Bharrat Jagdeo. On June 18, the Caribbean Court of Justice (CCJ) ruled that the motion was successfully passed by a vote of a majority of all the elected members of the National Assembly. As such, in paragraph (f) of its consequential orders, the CCJ held, “Upon the passage of this motion of no confidence in the government, the clear provisions of Article 106 immediately became engaged.”

In his Fixed Date Application (FDA), Nandlall has specifically referred to Article 106 (6) and 106 (7) of the Constitution of Guyana. According to Article 106 (7)), “The Cabinet, including the President shall resign if the Government is defeated by a vote of majority of all the elected members of the National Assembly.”

Further, Article 106(7) adds, “Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than twothirds 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.”

In the FDA, Nandlall argues that nine months have already elapsed since the Cabinet, inclusive of the President, has failed, and or neglected, and or omitted, to resign in accordance with the unambiguous prescription and mandate of Article 106(6) of the Constitution, the Supreme Law of Guyana. Nandlall said that further or in the alternative, he is seeking a Mandatory Order compelling the Cabinet, including the President, to give effect to the resignation of the Cabinet, including the President, which occurred by operation of law, consequent upon the government being defeated by the NoConfidence Motion pursuant to Article 106(6) of the Constitution of Guyana.

Also, in the alternative, he is seeking a Conservatory Order or an order restraining the Cabinet, inclusive of the President, from meeting, making decisions as, or performing the functions of Cabinet, consequent upon the Government being defeated by the vote of a majority of all the elected members of the National Assembly on a vote of NoConfidence on December, 21, 2018 in accordance with and pursuant to Article 106(6) of the Constitution of Guyana.

He is also asking for such further orders that the court deems fit, as well as costs. According to Nandlall, he intends to use the following as documentary evidence at the hearing: an affidavit sworn to by him, a copy of letter dated 20th July, 2019, addressed to President David Granger and signed by the Leader of the Opposition; a copy of letter dated 5th August, 2019, addressed to the Leader of the Opposition and signed by President David Granger; and copies of articles from national newspapers, enjoying daily circulation within Guyana and other media outlets, capturing and reporting that the Cabinet, inclusive of the President, will not resign.

(Kaieteur News)