Govt must follow letter, spirit of Constitution if court rules against it – CCJ President

0

As the actions of Guyana’s Judiciary and the Guyana Elections Commission (GECOM) were discussed at the Caribbean Court of Justice on Thursday, the court frowned upon the slothfulness of these systems in Guyana despite the urgency necessary after a no-confidence motion (NCM) is passed.

Home Top Stories
Top Stories
Govt must follow letter, spirit of Constitution if court rules against it – CCJ President
May 10, 2019

– as Court Judge frowns upon Guyana’s slothful judicial, elections system despite urgent circumstances
– despite urgency of preparing for elections in 3 months after no-confidence vote
As the actions of Guyana’s Judiciary and the Guyana Elections Commission (GECOM) were discussed at the Caribbean Court of Justice on Thursday, the court frowned upon the slothfulness of these systems in Guyana despite the urgency necessary after a no-confidence motion (NCM) is passed.

CCJ President, Justice Adrian Saunders
This was as action got underway on day one of hearing the three consolidated court cases which relate to the NCM. As he wrapped up the session, CCJ President, Justice Adrian Saunders, informed the Government team that if they rule against them, they have to follow both the letter and spirit of Guyana’s Constitution.
“You have the Constitution. You have the courts. You have the President and the Cabinet and you have the National Assembly. We have to make this thing work. And we have to make it work according to the letter and spirit of the Constitution,” Justice Saunders stated.

Attorney General Basil Williams had argued for time for the Elections Commission, noting that without a credible list, any elections could prove difficult. However, the CCJ President noted that since the vote was held in December, it has been known that from that date there may be a need for fresh elections.

But Justice Saunders noted that it will therefore be very disappointing if GECOM is unable to hold elections, “if the appellants succeeded” and the political parties are unable to have a two-thirds majority in National Assembly.

The Judge stated there must be some reconciliation between the call for credible elections and having those elections within a particular time. When asked if he had any final words, Williams went on to allude to elections violence if a voters list is seen as not credible.

Home Top Stories
Top Stories
Govt must follow letter, spirit of Constitution if court rules against it – CCJ President
May 10, 2019

– as Court Judge frowns upon Guyana’s slothful judicial, elections system despite urgent circumstances
– despite urgency of preparing for elections in 3 months after no-confidence vote
As the actions of Guyana’s Judiciary and the Guyana Elections Commission (GECOM) were discussed at the Caribbean Court of Justice on Thursday, the court frowned upon the slothfulness of these systems in Guyana despite the urgency necessary after a no-confidence motion (NCM) is passed.

CCJ President, Justice Adrian Saunders
This was as action got underway on day one of hearing the three consolidated court cases which relate to the NCM. As he wrapped up the session, CCJ President, Justice Adrian Saunders, informed the Government team that if they rule against them, they have to follow both the letter and spirit of Guyana’s Constitution.
“You have the Constitution. You have the courts. You have the President and the Cabinet and you have the National Assembly. We have to make this thing work. And we have to make it work according to the letter and spirit of the Constitution,” Justice Saunders stated.
Attorney General Basil Williams had argued for time for the Elections Commission, noting that without a credible list, any elections could prove difficult. However, the CCJ President noted that since the vote was held in December, it has been known that from that date there may be a need for fresh elections.

CCJ Judge Winston Anderson
But Justice Saunders noted that it will therefore be very disappointing if GECOM is unable to hold elections, “if the appellants succeeded” and the political parties are unable to have a two-thirds majority in National Assembly.
The Judge stated there must be some reconciliation between the call for credible elections and having those elections within a particular time. When asked if he had any final words, Williams went on to allude to elections violence if a voters list is seen as not credible.

Meanwhile, Justice Winston Anderson remarked that the judicial system in Guyana should have deployed all resources to ensure the cases were heard in a timelier manner. Local lawyer Sanjeev Datadin, who is in Trinidad representing former Alliance For Change (AFC) parliamentarian Charrandas Persaud, agreed that the Judiciary should have taken such steps.

And Datadin noted to the CCJ that GECOM should have held elections by March 21, as set out by the Constitution. He pointed out that the Court of Appeal decision that allowed Government its reprieve in office came after that constitutional deadline had elapsed.

“Until there’s an order to stop a proceeding, you should proceed. That would apply to the Guyana Elections Commission,” Datadin told the court. “Being well aware that there is a challenge that can go one of two ways, they should be getting themselves ready and being on the ready, so they can fulfill the mandate of the people.”

LEAVE A REPLY

This site uses Akismet to reduce spam. Learn how your comment data is processed.