Latest update April 19th, 2024 12:59 AM
Jan 03, 2019 News
The People’s Progressive Party [PPP] will not be participating in the planned sitting of the National Assembly today to review the No Confidence Motion of December 21, 2018. The vote went in its favour through Member of Parliament on the government’s side, Charrandass Persaud.
This absence was confirmed by the party’s Chief Whip and Member of Parliament, Ms. Gail Teixeira, in a letter to Speaker of the National Assembly, Dr. Barton Scotland. The letter sought to suggest that the Speaker has no authority to review the motion that was carried.
By way of a letter dated December 31, 2018, which was carbon copied to Clerk of the National Assembly; Secretary General, Commonwealth Parliamentary Association; Secretary General, Commonwealth; President, Inter-Parliamentary Union; Secretary General, CARICOM; Conference of the Heads of Government of CARICOM; Secretary General, Organization of American States; Conference of Commonwealth Speakers and Presiding Officers; High Commissioner, British High Commission; High Commissioner, Canada; Ambassador, European Delegation; Charge d’Affaires, US Embassy; Resident Coordinator, U.N.D.P and Secretary General, Union of South American Nations (UNASUR), Teixeira sought to justify her party’s decision.
Referencing Article 106 [6] of the Constitution, Teixeira noted that “the Cabinet, including the President, shall resign upon the passing of a No Confidence Motion. Consequently, it is not competent for the Government to move, nor participate in, a sitting of the National Assembly, otherwise than to give effect, if required, to the letter and spirit of Article 106(7) of the Constitution.
“In this regard, the Parliamentary Opposition is of the view that the business that is scheduled to be considered by the National Assembly on the 3rd January, 2019, is not in compliance with Article 106(7) of the Constitution. Therefore, any sitting of the National Assembly that is not in compliance with this article is a violation of the Constitution.
“Thus, the Parliamentary Opposition will not participate in undermining the Constitution, and, further recommend that this sitting should not be held,” Teixeira cautioned.
On December 21, 2018 the National Assembly passed the first no confidence motion. At that sitting of the National Assembly Teixeira recalled that the motion was carried and passed.
Additionally, by letter dated December 24 2018, the Clerk of the National Assembly duly informed the Leader of the Opposition by Resolution that the Motion of No Confidence against the Government of Guyana was considered and passed by a vote of 33 in favour of the Motion and 32 against it.
Teixeira reminisced that on the very night of the passed motion, Prime Minister Moses Nagamoottoo at a press conference held in the Parliament Buildings, conceded that the no confidence motion had been passed in accordance with the constitution with 33 votes for and 32 against.
Teixiera further quipped that it was Nagamootoo who stated that “options available are dictated by the Constitution Article 106 (6) and (7) which states that the government will resign and hold elections within three months.”
The following day [December 22, 2018,] Teixeira said that it was President David Granger conceding in an official statement released by the Department of Information which stated:
“The Government of Guyana following the passing of the no confidence motion last night in the National Assembly will abide by the stipulations which have been imposed on it.… we will do everything necessary to facilitate the smooth functioning of General and Regional Elections bearing in mind the need for normal government functions.”…
Moreover the President went on to state that “This is a normal constitutional process which can have favourable outcomes for the nation… there is no cause for alarm and there are no grounds for any form of disorder and we will continue to work to provide good government … and to work even more with the opposition”.
Teixeira highlighted, too, that following these official statements, civil society organizations such as the Private Sector Commission, the Guyana Trades Union Congress, the Federation of Independent Trade Unions of Guyana, Transparency Institute of Guyana, and the Guyana Bar Association all came out in support of the constitutional provisions and called on the Government and Opposition to respect and uphold the Constitution.
But subsequent to this development, the PPP Chief Whip noted that the Parliamentary Opposition has become aware that government has moved to request a review of the No Confidence Motion.
According to Teixeira, “The Parliamentary Opposition is of the view that the No Confidence Motion having been conclusively dealt with, in, and, by the National Assembly on the 21st December, 2018, is not open to review.
“We have been advised…that the Speaker has no review powers over the said Motion, and, that the Speaker, the Clerk and the National Assembly are functus officio in respect of and in relation to the said Motion. Furthermore, in our humble opinion, Standing Orders 26(e) precludes any effort to rescind a resolution on a question already decided on in the same Session.”
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