Demerara_Guy posted:Attorney General asks Court of Appeal to keep President, Cabinet in office
12:06 / 11.02.2019 Demerara Waves, Source, https://theworldnews.net/gy-ne...nt-cabinet-in-office
IN THE COURT OF APPEAL OF THE SUPREME COURT OF JUDICATURECourtroom, Court of Apoeal.
APPELLATE JUSRISDICTION
CIVIL APPEAL No. of 2019
BETWEEN:
THE ATTORNEY GENERAL OF GUYANA
Applicant/Appellant-and-
DR. BARTON SCOTLAND, Speaker of the National Assembly of Guyana
MR. BHARRAT JAGDEO, in his capacity as Leader of the Opposition
Respondents*******************************************
SUMMONS
*******************************************IN THE COURT OF APPEAL OF THE SUPREME COURT OF JUDICATURE
APPELLATE JUSRISDICTIONCIVIL APPEAL No. of 2019
BETWEEN:
THE ATTORNEY GENERAL OF GUYANA
Appellant-and-
DR. BARTON SCOTLAND, Speaker of the National Assembly of Guyana
MR. BHARRAT JAGDEO, in his capacity as Leader of the Opposition
It is further contended that the word notwithstanding connects article 106 (7) to article 106 (6) of the Constitution and provides the time frame for the resignation of the Cabinet which being part of the Government exists as long as the Government exists and the Cabinet would accordingly resign when the Government resigns. Further, the time for resignation of the President, Cabinet and Government is when elections are held and the President takes the oath of office following the elections as set out in Article 106 (7).
Respondents
Specific words are .. Notwithstanding its defeat .. article 106 (7)
Guyana Constitution
Ref. - http://www.oas.org/juridico/sp...guy_constitution.pdf
(6) 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.
(7) 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.”