No grounds for extending 90-day period – Jagdeo

No-confidence resolution

The Constitution says after a no-confidence vote is passed, elections must be held within 90 days unless both sides of the National Assembly agree to an extension. However, Opposition Leader Bharrat Jagdeo is against such an extension except for very limited reasons.
In an interview with the media after a meeting of the Executive Committee, Jagdeo was asked about this proviso. He noted that the only way he could foresee an extension was to accommodate the Guyana Elections Commission (GECOM)… and a limited extension at that. He referenced some examples of this.
“Can we hold the elections; would GECOM be ready in 90 days’ time? We believe GECOM can be ready, but assuming GECOM needs time, like two weeks’ time or a month more, then that could be a possibility.”
“But only then the National Assembly could legitimately reconvene, because that is explicitly spoken about in Article 106 and 106, 7; that with a two-thirds vote in the National Assembly you can extend the three months period. But it has to be done with our approval.”
The former President also noted reports from the Government that they are reviewing all their options following the vote but added that Government has no options other than what the law says they must do.
“I saw the desperate press release from (Alliance For Change leader) Raphael Trotman, talking about they have to explore this option, that 34 is the new majority in the Parliament… we believe they’re going to try this.”
On December 21, the No-confidence Motion brought by the parliamentary Opposition – the People’s Progressive Party/Civic (PPP/C) – against the Government succeeded when former AFC Member of Parliament Charrandas Persaud broke ranks and made a conscience vote in favour of the motion.
A total of 10 MPs had previously debated the motion, but when a vote of division was called, Persaud’s vote changed the numbers to 33 versus his colleagues’ 32 votes against the motion.
While Persaud’s former coalition colleagues have claimed of being betrayed by the vote, the parliamentary Opposition has thrown its support behind the MP’s right to vote in whichever direction his conscience leads him. Persaud has since left the country.
With the Government’s defeat, the next steps are spelt out in the Constitution of Guyana. Article 106(6) of the Constitution states: “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.”
Meanwhile, clause 7 goes on to state that “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.”
President David Granger has already committed to following the provisions outlined in the Constitution, facilitating early elections and engaging in dialogue with Opposition Leader Bharrat Jagdeo.
Several organisations and parts of the diplomatic community, have called for mature leadership and a smooth move to General and Regional Elections constitutionally due next year.
For its part, GECOM has assured that it is capable of delivering elections once the date is set. It is understood that the recently hospitalised GECOM Chairman, retired Justice James Patterson, is on medical leave. The next statutory meeting of the Commission is slated for January 7, 2019.