Grumbles of dissatisfaction were heard from the PPP/C Government when the Caribbean Court of Justice (CCJ) ruled against the Government and in favour of Trinidad Cement Limited (TCL) in 2009. TCL had taken the Guyana Government to the CCJ for violating the Treaty of Chaguaramas by not seeking COTED’s permission prior to importing cement from […]
Category Archives: Judiciary
FAIR COMMENT ON A MATTER OF PUBLIC INTEREST
In English law, fair comment on a matter of public interest is allowed. Generally, it guarantees the freedom of the press to make statements on matters of public interest, as long as the statements are not made with ill-will, spite, or with intent to harm the subject of the comment. For decades, English courts have […]
THE SIMPLE AND THE ABSOLUTE
As is now well known, the Constitution makes no distinction between a ‘simple’ and an ‘absolute’ majority. It refers only to ‘majority.’ But the Court of Appeal ruled that such a distinction exists and under Article 106(6) an absolute majority of 34 out of 65 is required for the passage of a no confidence motion. […]
THE COURT OF APPEAL CAN SHINE A LEGAL LIGHT ON THE WAY FORWARD
President Granger last Friday said that “the Government is conducting its affairs in accordance with the Constitution and with respect for the rule of law.” He sought to convince the nation that it was the Speaker of the National Assembly who directed the Government’s approach to the court and that the cooperation of the Opposition is necessary for credible elections. He […]
THE STATUS QUO NO LONGER EXISTS AND THERE CAN BE NO BUSINESS AS USUAL. A NATIONAL GOVERNMENT THE ONLY WAY OUT.
The Chief Justice ruled that the no confidence motion was lawfully passed on December 21 in the National Assembly by a 33-32 vote, and that the vote of Charandass Persaud was lawful, notwithstanding that as a dual citizen he was unlawfully occupying his seat in the National Assembly. Consequent upon those findings, the Chief Justice ruled that the […]