THE CONSEQUENTIAL ORDERS

The Caribbean Court of Justice (CCJ) has ruled in two of the most important constitutional cases that have engaged its attention in its ten-year history. The cases from Guyana have their origins in Guyana’s troubled political history and struggle for ethno-political dominance. In the first case the CCJ decided that the appointment by President Granger […]

CORRUPTION HAS NOW BECOME ENDEMIC

Challenges to transparency in Government have attracted public comment in the past two weeks. I make no allegation or judgment  on recent events since they are based only on newspaper reports. But apart from these recent matters, allegations of corruption and nepotism are to be expected in the absence of strict and enforceable rules, which […]

THE CONSEQENCES OF HOLDING OFFICE ILLEGALLY

The statement issued by the Bar Council of the Guyana Bar Association during last week quoted a dictum of the Chief Justice (ag) in the case of Attorney General of Guyana v Dr. Barton Scotland, Mr. Bharrat Jagdeo and Mr. Joseph Harmonas follows: “I hold that the NCM [no confidence motion] was carried as the requisite majority was obtained by a vote of […]

ARE A FEW MORE MONTHS IN OFFICE WORTH THE TROUBLE?

By virtue of the now familiar Article 106(7) of the Constitution of Guyana, elections are due to be held within three months of the passage of a no confidence motion in the National Assembly on December 21, 2018, that is, by the end of March. The court has no power to alter the Constitution by […]

UNLAWFULLY HOLDING ON TO OFFICE

The Speaker of the National Assembly, Dr. Barton Scotland, having declined to reverse his declaration on December 21, 2018, that the no confidence motion against the Government had been carried on a vote of 33-32 in favour, has shifted the arena of contest to the Court. The constitutional provisions which have been automatically triggered by […]