[2019] CCJ 14 (AJ)
JUDGMENT OF THE COURT
[1]
These cases were consolidated and heard together on 9 and 10 May 2019. On 18
June 2019, this Court rendered its judgment in which it reached a number of
conclusions but stopped short of issuing any orders. Leading Counsel for the
Attorney General and the Leader of the Opposition respectively had previously
jointly requested that the Court should not make any consequential orders without
first hearing from the parties. Accordingly, the Court ordered the Parties to make
written submissions to the Court no later than 1 July 2019 on the orders and
directions the Court should make in light of the conclusions arrived at in the
judgment.
[2]
The Court gratefully received written submissions from counsel for the Attorney
General, the Leader of the Opposition, The Guyana Elections Commission, Mr
Charrandas Persaud and Mr. Joseph Harmon. In choosing now not to re-hash these
submissions, the Court intends no disrespect to counsel. The submissions were
useful and helpful and have been fully considered by the Court.
[3]
Due observance of constitutional democracy and the rule of law in Guyana rests,
in large measure, with the conduct of the various branches of government, that is,
the President and the Cabinet, the Parliament and the Judiciary. All must be faithful
to the spirit and letter of the Constitution and operate within the parameters given
to each by the Constitution.
[4]
Article 106(6) and (7) of the Constitution states as follows:
106
…
(6) The Cabinet including the President shall resign if the
Government is defeated by the vote of a majority of all the elected
members of the national Assembly on a vote of confidence.
(7) 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 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.