Opposition calls on Chancellor to fast-track process

No-confidence appeal hearing

The Opposition People’s Progressive Party (PPP) has made a request to have the appeal in the no-confidence matter fast-tracked for early hearing, due to the fact that the 90-day period is fast approaching for the constitutionally mandated General and Regional Elections.

Opposition Leader Bharrat Jagdeo made this revelation on Thursday during a press conference at his office, explaining that there is nothing preventing the immediate hearing of the matter.
“We are calling on the Chancellor (Yonette Cummings-Edwards) to urgently, in fact immediately move to hearing of the appeal. The appeals have been filed; the records of appeal have been settled since February 15. So, there is nothing to prevent the immediate hearing of these matters,” he explained.
The Opposition Leader referred to Chief Justice Roxanne George’s handling of the matter, which saw it being fast-tracked and a decision being made in quick time based on the case’s high-profile status. He said the Opposition expects the same action to be taken on the matter from the Court of Appeal.
He said, “There is nothing before the Court of Appeal now that has a higher demand on the time of the court than this issue, which is about the constitutionality of our Government, and us heading into an unconstitutional situation.”
Jagdeo used the opportunity to also highlight that the international community has been calling for these hearings to be heard expeditiously. The most recent body to do so was the Caribbean Community (Caricom). He said he hopes that they will adhere to these concerns being raised.

The Chief Justice had ruled that the no-confidence vote was validly passed, and that Cabinet should have resigned. However, Attorney General Basil Williams in his appeal claimed that the Chief Justice made an error in her rulings and plans to challenge the matter all the way to the Caribbean Court of Justice (CCJ).
Meanwhile, as it relates to another matter, Jagdeo said a request has also been made to the CCJ to have them fast-track the case regarding appointment of the GECOM Chairman, retired Justice James Patterson, for which the Opposition maintains was a unilateral decision.
The Court of Appeal’s ruling, handed down on October 19, 2018, upheld the High Court’s ruling that President David Granger was well within his rights when he unilaterally appointed Patterson as GECOM Chairman. But PPP Executive Secretary, Zulfikar Mustapha has challenged that decision. The party feels that the President acted “unconstitutionally, illegally or unreasonably” in appointing him.

Stay
Further, in commenting on the issue regarding the application for a stay of the No-confidence Motion, Jagdeo is of the opinion that that timeline cannot be altered by the court. The reason for his argument is that if the court goes ahead, it would seem to suggest that it is altering provisions of the Constitution.
“And the Constitution says the three months can only be extended if you have two thirds vote in the National Assembly. And at this point in time, we are not going to vote with APNU (A Partnership for National Unity) to extend that timeline that would expire in March,” he added.
Given the national importance of the challenges to the no-confidence case, stakeholders have been calling on the Judiciary to ensure the matter is fast-tracked. However, defects in the summons filed in the Appeal Court by Government to stay last month’s High Court rulings on the no-confidence resolution means Williams will have to refile one of the summons in the matter. This was the order handed down by Justice Rishi Persaud in preliminary proceedings on Wednesday ahead of the overall case.
The Attorney General is expected to file the corrected documents as he holds out the stay and conservatory orders are necessary to preserve Government’s continuance in office for the foreseeable future. Justice Persaud said moments prior that the summons must be filed without defect and be corrected. Williams was seeking to amend the appeal to include the names of Opposition Leader Bharrat Jagdeo and Minister of State Joseph Harmon that were not included as named respondents.
The PPP in a statement after the case was heard, condemned what it described as “characteristic incompetence of the Attorney General in matters of national importance, which coincidentally, is symptomatic of the ineptitude across the entire spectrum of the Government.”