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FM
Former Member

Not yet having acted in compliance with Article 106 (6) of the Guyana Constitution by resigning, the Cabinet, including the President, is unlawfully holding onto office, former Speaker of the National Assembly and prominent Attorney, Ralph Ramkarran has said.
In his weekly column Conversation Tree, Ramkarran stated that a court would be approving this illegality if it allowed even a temporary break from compliance with Article 106 (6), especially given the fact that it is not the end of the life of the Government.
“Under Article 106 (7), the Government, which includes the Cabinet and President, remain in office until new elections. This obviously means that the resignation is stayed until the next elected President is sworn in,” Ramkarran stated in his column.
The Speaker of the National Assembly, Dr Barton Scotland, having declined to reverse the 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 courts.
Ramkarran, however, made reference to comments made by Public Security Minister Khemraj Ramjattan, who is reported to have said that there has not been a resignation of the President or Government nor will there be such a resignation, arguing that the country cannot be left without a government.
Ramjattan had further argued that Government retained its full panoply of legal powers and was with jurisdiction to exercise its legal authority. But the former Speaker said the Minister missed the fact that Article 106 (7) specifically provides that there shall not be a “governance vacuum”.
In fact, it emphasises that the Government will only resign after a President is elected by the people in an election to be held. Also, Ramkarran said it was not known if Ramjattan was aware of the “Caretaker Conventions” which apply when a government is facing elections.
According to him, the “Caretaker Conventions” apply during the period from the dissolution of the Parliament to the election of the new Government, because there is no oversight. In summary, the conventions are that no major policy decisions are taken to commit an incoming Government or limit its freedom to act, no major contracts or agreements are entered into, and the use of Government resources in a manner to advantage a particular party is avoided.
In a local context, the former House Speaker said the “Caretaker Conventions” should be applied from the moment the no-confidence motion was passed because Article 106 (6) dictates the resignation of the Cabinet, which suggests a caretaker role for the Government thereafter.
“The passage of the natural resources legislation and Minister Ramjattan’s remarks signify quite clearly that the Cabinet, including the President, have no intention of resigning and of observing any caretaker conventions,” he further observed in his column.
Meanwhile a court case has been filed by Compton Herbert Reid against the Speaker, Charrandas Persaud and the Attorney General seeking to set aside the no-confidence vote of December 21, 2018. The ground is that the vote of Persaud was invalid because he holds a Canadian passport.
“An order to stay the no-confidence resolution is also being sought. The reports make no mention of the motion required 34 votes to be passed. No doubt Article 165 (2) of the Constitution will arise for consideration,” he observed.
Ramkarran noted too that consideration would no doubt also be given to the right or power of a court to interrupt a constitutional process set in train by a parliamentary motion, on which a vote was taken and deemed to have been carried.
He said, “If the power exists, should it be exercised, ad interim, upon an allegation that is prima facie answerable by Article 165 (2) and in circumstances where the notional applicant, the Cabinet, is committing a continuing wrong by not resigning? The question will no doubt be: How can a court allow a Cabinet to stay in office when the Constitution, a superior instrument to the court, by which the court is bound, says that it should resign?”
President David Granger is expected to meet with Opposition Leader Bharrat Jagdeo on Wednesday to discuss a number of issues, but topping that list is the no-confidence resolution.

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The constitution is supreme. The courts have no jurisdiction over the results of the NC vote in a legislative body. The speaker upheld the vote. AFC PNC are thugs who MUST resign as per the constitution. They are squatting in office !

FM
Dave posted:

"Not yet having acted in compliance with Article 106 (6) of the Guyana Constitution by resigning, the Cabinet, including the President, is unlawfully holding onto office, former Speaker of the National Assembly and prominent Attorney, Ralph Ramkarran has said.
In his weekly column Conversation Tree, Ramkarran stated that a court would be approving this illegality if it allowed even a temporary break from compliance with Article 106 (6), especially given the fact that it is not the end of the life of the Government.
“Under Article 106 (7), the Government, which includes the Cabinet and President, remain in office until new elections. This obviously means that the resignation is stayed until the next elected President is sworn in,” Ramkarran stated in his column."

the "caretaker" conventions apply ONLY to legislation needing a vote in parliament . . . THAT is obvious and a non-issue

the other nonsense from Ralph Ramkarran and Guyana Times is extra-constitutional confused yammering and tendentiousness

as per precedent, perhaps this 'constitutional expert' will renounce himself in 4 weeks

let's see

FM
yuji22 posted:

The constitution is supreme. The courts have no jurisdiction over the results of the NC vote in a legislative body. The speaker upheld the vote. AFC PNC are thugs who MUST resign as per the constitution. They are squatting in office !

Charandass posted a Facebook video calling the government bullies and power hungry who do not want to give up power.

FM
yuji22 posted:

The constitution is supreme. The courts have no jurisdiction over the results of the NC vote in a legislative body. The speaker upheld the vote. AFC PNC are thugs who MUST resign as per the constitution. They are squatting in office !

The courts do not exist as ornament. They are the last arbiter of any dispute ( inclusive of constitutional disputes) in the land. The government is a caretaker government that is constitutionally in office until the next government takes office. They cannot legislate under the NCV but they do not have to resign..

One may say they are squatting on the office by these various and sundry  protestations that they lost the NCV and the fact they attempted to pass legislation and continue as normal. That normal government no longer exists.

FM
skeldon_man posted:
yuji22 posted:

The constitution is supreme. The courts have no jurisdiction over the results of the NC vote in a legislative body. The speaker upheld the vote. AFC PNC are thugs who MUST resign as per the constitution. They are squatting in office !

Charandass posted a Facebook video calling the government bullies and power hungry who do not want to give up power.

These PNC clowns are now illegally squatting in office. Dictstorship is part of PNC DNA. Speaker Ramkarran shoved one up Ronan’s behind. 

FM
ronan posted:
Dave posted:

"Not yet having acted in compliance with Article 106 (6) of the Guyana Constitution by resigning, the Cabinet, including the President, is unlawfully holding onto office, former Speaker of the National Assembly and prominent Attorney, Ralph Ramkarran has said.
In his weekly column Conversation Tree, Ramkarran stated that a court would be approving this illegality if it allowed even a temporary break from compliance with Article 106 (6), especially given the fact that it is not the end of the life of the Government.
“Under Article 106 (7), the Government, which includes the Cabinet and President, remain in office until new elections. This obviously means that the resignation is stayed until the next elected President is sworn in,” Ramkarran stated in his column."

the "caretaker" conventions apply ONLY to legislation needing a vote in parliament . . . THAT is obvious and a non-issue

the other nonsense from Ralph Ramkarran and Guyana Times is extra-constitutional confused yammering and tendentiousness

as per precedent, perhaps this 'constitutional expert' will renounce himself in 4 weeks

let's see

Resignation prevents the government from passing any bills or functioning as a legal government at the defeat of a NCM. The constitution dictates this. Hence, a care take Government until the new president is swearing in. 

It applies to PNC, PPP, APNU, AFC who ever they are. 

Whats your point. 

Granger need to set a election date and move on with democracy. 

FM
skeldon_man posted:
yuji22 posted:

The constitution is supreme. The courts have no jurisdiction over the results of the NC vote in a legislative body. The speaker upheld the vote. AFC PNC are thugs who MUST resign as per the constitution. They are squatting in office !

Charandass posted a Facebook video calling the government bullies and power hungry who do not want to give up power.

That is a disease of both sides.

FM
yuji22 posted:
skeldon_man posted:
yuji22 posted:

The constitution is supreme. The courts have no jurisdiction over the results of the NC vote in a legislative body. The speaker upheld the vote. AFC PNC are thugs who MUST resign as per the constitution. They are squatting in office !

Charandass posted a Facebook video calling the government bullies and power hungry who do not want to give up power.

These PNC clowns are now illegally squatting in office. Dictstorship is part of PNC DNA. Speaker Ramkarran shoved one up Ronan’s behind. 

Why are you interested in make behinds? Not that I am uncharitable as to your rights to do as you please. It is just this is not the place for it.

FM
ronan posted:
Dave posted:

"Not yet having acted in compliance with Article 106 (6) of the Guyana Constitution by resigning, the Cabinet, including the President, is unlawfully holding onto office, former Speaker of the National Assembly and prominent Attorney, Ralph Ramkarran has said.
In his weekly column Conversation Tree, Ramkarran stated that a court would be approving this illegality if it allowed even a temporary break from compliance with Article 106 (6), especially given the fact that it is not the end of the life of the Government.
“Under Article 106 (7), the Government, which includes the Cabinet and President, remain in office until new elections. This obviously means that the resignation is stayed until the next elected President is sworn in,” Ramkarran stated in his column."

the "caretaker" conventions apply ONLY to legislation needing a vote in parliament . . . THAT is obvious and a non-issue

the other nonsense from Ralph Ramkarran and Guyana Times is extra-constitutional confused yammering and tendentiousness

as per precedent, perhaps this 'constitutional expert' will renounce himself in 4 weeks

let's see

Only Snowy Fairy sees the nonsense in what the legal minds have explained. You cannot see, you got your head way down there in the dungeon. 

FM
D2 posted:
yuji22 posted:
skeldon_man posted:
yuji22 posted:

The constitution is supreme. The courts have no jurisdiction over the results of the NC vote in a legislative body. The speaker upheld the vote. AFC PNC are thugs who MUST resign as per the constitution. They are squatting in office !

Charandass posted a Facebook video calling the government bullies and power hungry who do not want to give up power.

These PNC clowns are now illegally squatting in office. Dictstorship is part of PNC DNA. Speaker Ramkarran shoved one up Ronan’s behind. 

Why are you interested in make behinds? Not that I am uncharitable as to your rights to do as you please. It is just this is not the place for it.

His posts are all about men's balls and behinds. Closet gay I presume.

cain
Dave posted:

Resignation prevents the government from passing any bills or functioning as a legal government at the defeat of a NCM. The constitution dictates this. Hence, a care take Government until the new president is swearing in.

confusion and gibberish

if Parliament doesn't sit, bills cannot pass . . . that's a given

what you want, the Gov't to "resign" TWICE?!

jeeezus

FM
ronan posted:
Dave posted:

Resignation prevents the government from passing any bills or functioning as a legal government at the defeat of a NCM. The constitution dictates this. Hence, a care take Government until the new president is swearing in.

confusion and gibberish

if Parliament doesn't sit, bills cannot pass . . . that's a given

what you want, the Gov't to "resign" TWICE?!

jeeezus

Why should they pass bills when they are a minority? It would be illegal do to so. Stop shaking your head. You are getting dementia.

FM
skeldon_man posted:
ronan posted:
Dave posted:

Resignation prevents the government from passing any bills or functioning as a legal government at the defeat of a NCM. The constitution dictates this. Hence, a care take Government until the new president is swearing in.

confusion and gibberish

if Parliament doesn't sit, bills cannot pass . . . that's a given

what you want, the Gov't to "resign" TWICE?!

jeeezus

Why should they pass bills when they are a minority? It would be illegal do to so. Stop shaking your head. You are getting dementia.

ok, so what's your point . . . you rebutting something?

or is just shakeabatty?

FM
yuji22 posted:

Ha Ha ! 

They cannot pass bills. Ronan is like stupidly Bill. 

See this is why I know you are a moron, this is what Ronan said

"if Parliament doesn't sit, bills cannot pass . . . that's a given"

I know you never read a dam thing but jumped up again in your negligee blowing in the breeze to make a dull point.

cain

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