The High Court has now pronounced on the December 21 vote of
no-confidence in the National Assembly. The Honourable Chief Justice, in
separate decisions in three cases arising out of the vote, reaffirmed
the ruling of the Speaker of the National Assembly that the ‘yes’ vote
by an AFC Member of Parliament was valid and by a majority of 33 – 32,
the Cabinet, including the President, automatically fell. A further
consequence of the vote was that elections must be held within the
constitutional timeframe of 90 days, meaning that those elections must
be held no later than March 21, 2019, less than seven weeks from today.
The decisions in all three cases were well-researched,
reasoned and argued. The delivery was commanding, with a good measure of
grace and gravitas that makes one easily forget that these cases were
started and completed within a fortnight, all by a single judge. By any
standard, that is not only remarkable but probably unprecedented in
Guyana’s legal history. If any proof was required to justify the
confirmation of her position, the Chief Justice not only met but over
the four hours of her oral delivery, exceeded the standard. It is time
that we end this farce that seems to condemn their Honours Yonnette
Cummings-Edwards and Roxane George-Wiltshire to acting positions.
Within
the three cases, there was one other major issue decided by the Chief
Justice. And that is that under Article 155 of the Constitution, a
person who by his/her own act acquires a passport of a foreign power or
state, cannot be a candidate for membership in the National Assembly.
The effect is that members of both the APNU+AFC and the PPP/C who hold
such dual citizenship can no longer sit in the National Assembly, and
perhaps, more practically, those persons have to decide, well before the
new elections, whether or not to give up their prized foreign
passports.
Vice President Carl Greenidge, Minister Joseph Harmon
and Opposition Chief Whip Gail Teixeira have admitted to being foreign
passport holders and can no longer remain a member of this current
Parliament which is still to be dissolved. There is word that Ms Volda
Lawrence is also the holder of a foreign passport, a matter which she
needs to address with a simple admission or denial. Incredibly,
Opposition members Messrs. Odinga Lumumba and Adrian Anamayah do not
seem to know whether they are citizens and the Leader of the PPP/C List
for the 2015 elections should call on them to clarify their status.
Unless they do so immediately, they should be removed from the National
Assembly. This applies too to Professor Harold Lutchman, the Leader of
the APNU+AFC List for the 2015 elections.
Continue reading “The President needs to dissolve the National Assembly and demonstrate his commitment to democracy”