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Originally Posted by Conscience:

By proroguing Parliament, the order paper slate would be wipe clean, including the infamous AFC propelled no-confidence motion.

It is waiting as soon as the president is forced to come back from  his stint as a dictator by the same constitution he used to make himself one. It will be dead when it is voted down. Six months comes quickly. We will take it out of his next tenure as a minority government by sending him back to the polls a year in. Then also we will see parliament schedule has the no confident motion as the first order of business and the crook is not able to use this nuclear option again.

FM

Its expecting that Parliament maybe recalled to facilitates the passage of the National Budget, if the budget entire budget is disapprove, the Government can run the Country up to four month without the entire Budget approval, by which the President may completely dissolve Parliament, paving the way for snap elections, effectively regaining the majority one year sooner.

FM
Originally Posted by Stormborn:
Originally Posted by Conscience:

By proroguing Parliament, the order paper slate would be wipe clean, including the infamous AFC propelled no-confidence motion.

It is waiting as soon as the president is forced to come back from his stint as a dictator by the same constitution he used to make himself one. It will be dead when it is voted down. Six months comes quickly.

Incorrect ... the no-confidence motion is currently nonexistent. Also, it will have no effect should new elections is called after the current period.

FM
Originally Posted by Conscience:

Its expecting that Parliament maybe recalled to facilitates the passage of the National Budget, if the budget entire budget is disapprove, the Government can run the Country up to four month without the entire Budget approval, by which the President may completely dissolve Parliament, paving the way for snap elections, effectively regaining the majority one year sooner.

MONC takes priority. The PPP dharpokes are scared of their own shadows.

Mitwah

PPP is like “an ungrateful dog” to the people – Nagamootoo

November 12, 2014 | By | Filed Under News 
 

The prorogation of the Parliament by President Donald Ramotar has elicited strong responses from leaders of the

AFC Vice Chairman, Moses Nagamootoo

AFC Vice Chairman, Moses Nagamootoo

 

opposition parties, with Vice Chairman of the Alliance For Change (AFC), Moses Nagamootoo, asserting that the action by the People’s Progressive Party (PPP) administration is tantamount to being an “ungrateful dog” to the people. The attorney-at-law commented that the government has certainly served the Parliament, and by extension the citizens, a “devastating blow”. He predicted, too, that the government would most likely use the “break” to start a campaign to garner lost votes. Nagamootoo told Kaieteur News that he is worried about the financial improprieties that will take place, in light of the absence of scrutiny that will result from the suspension of the National Assembly. The AFC Parliamentarian opined that government will now use the opportunity to go on a spending campaign in an effort to recover lost ground. “They will be spending. They will probably commit themselves to activating certain programmes to show that they care. So what is going to happen is a campaign of social bribes. They will focus on Amerindian areas and other communities, for it is all about catching as many votes as it can now. “They will also use state media to the maximum to sell the party, because at this point, the government is terribly wounded. The PPP is more concerned about recovering lost ground. The government is also going to use this six-month breathing period to deal with internal problems.” The Vice Chairman said that there is an internal crisis in terms of deciding who will be the Party’s next Presidential candidate should there be a general election. “And obviously Ramotar knows he is being challenged, and talks of the likes of Rohee and others – who would be standing and looking on to see where they would come in – are already in the air. I am not at all enamored by the idea that we are going to see the PPP focusing on the bigger developmental projects; they always miss the bigger picture,” Nagamootoo said. Asked to what extent he believes the Parliament will be affected by the six-month suspension, the AFC Executive said that he believes that the decision will be a huge setback. He made reference to the fact that members of the regional districts rely on their representing Members of Parliament to bring their troubles to the national table for discussion.  However, he said, those citizens will now have to suffer from a huge “disconnect”. He deemed this to be a most dangerous implication of the decision taken by the government. “If you are not able to bring the feelings or the concerns of the people to the Parliament, then you are asking for trouble. In any democracy, a Parliament is considered a cooling-off pool where people can come and peacefully resolve issues, but in an extra-parliamentary situation, such as what we have today, it breeds confrontation. That for me is an ingredient in our politics that we shouldn’t have,” the politician asserted. Nagamootoo was also asked if he believes that the move to prorogue parliament has, in a sense, made the people powerless for six months. He answered in the affirmative. “President Donald Ramotar has undone the power of the people. While some sections of society voted for the government, they have now realized that they are not worth anything, considering that it (Gov’t) has withdrawn from the place to talk the people’s business. The people want the government to face the edge of the sword and it is hiding from its inevitable end.” “The problem with the current administration is that it continues to beat its chest at the top of the highest tower and shout about its belief of empowering the people, and when it gets down from the tower, it goes on a hypocritical stage and acts out its true feelings—that being that it doesn’t care about the people.” “It’s like training your own dog to be a pet and it has turned back to bite you. That’s what the PPP has done. It has turned its back on the people. It’s an ungrateful dog!” Nagamootoo stated emphatically. The Parliamentarian said that the government’s decision to make the Parliament impotent sends a “terrifying message” for politics in Guyana.

Mitwah
Originally Posted by Conscience:

By proroguing Parliament, the order paper slate would be wipe clean, including the infamous AFC propelled no-confidence motion.

Moses Nagamootoo says he will table another no-confidence motion whenever parliament reconvenes. Another Order Paper will include it.

De facto dictator Ramotar can run but he can't hide.

FM
Last edited by Former Member
Originally Posted by Conscience:

Its expecting that Parliament maybe recalled to facilitates the passage of the National Budget, if the budget entire budget is disapprove, the Government can run the Country up to four month without the entire Budget approval, by which the President may completely dissolve Parliament, paving the way for snap elections, effectively regaining the majority one year sooner.

You have to be out of your mind. The next thing parliament is called back for is a no confident vote.

FM

Prorogation and Dissolution of Parliament

Therelevant provisions of the Guyana Constitution are set out hereunder:-

Art.61. An election of members of theNational Assembly under article 60 (2) shall be held on such day within three months after everydissolution of Parliament as the President shall appoint by proclamation.

Art. 69. (1) Each session ofParliament shall be held at such place within Guyana and shall begin at suchtime (not being later than six months from the end of the preceding session if Parliament has beenprorogued or four months from the end ofthat session if Parliament has been dissolved) as the President shallappoint by proclamation.

Art. 70.(1) The President may at any time by proclamation prorogue Parliament.

          (2)   The President may at any time byproclamation dissolve Parliament.

     (3)    Parliament, unless sooner dissolved, shallcontinue for five years from thedate when the Assembly first meets after any dissolution and shall then standdissolved.

 

 

Prorogation

Thedictionary of English Law, Earl Jowitt,(1959 ) defines prorogation as“prolonging or putting off to another day; the bringing of a session orParliament to an end”.

 According to Judicial Dictionary (A complete Law Lexicon-cum-Judicial Dictionary),Justice L.P. Singh and P.K. Majumdar, Third Edition, OrientPublishing Company, New Delhi, 2012,

“InEngland, in addition to bringing a sessionor Parliament to a close prorogationputs an end to all business which is pending consideration before either Houseat the time of suchprorogation; asa result any proceedings either in the House or in any Committee of the Houselapse with the session.”.

 

 In short, a prorogation ends a sessionof Parliament, but not the life ofthe Parliament.

 

 

Dissolution

Dissolution, on the other hand, brings the life of a Parliament to an end. By virtue of Article 70, thePresident may at any time by proclamation dissolve or prorogue Parliament.  As regards dissolution, Article 70 (3) specifically provides that Parliamentshall be dissolved after the expiration of five years, unless soonerdissolved.  In Guyana, the distinctionbetween prorogation and dissolution of Parliament has becomeblurred because, invariably, a sessionof our Parliament runs throughout the length of the life of thatParliament.  In other words, we have thepractice whereby there is one sessionwhich lasts for the entirety of the life of that Parliament.  Therefore, the two concepts have becomedifficult to distinguish. What is clear however, from the above set outconstitutional provisions, is that Parliament must be dissolved within threemonths prior to elections of members to the National Assembly. (See Article61). In such a situation, that is, the contemplation of elections, the issue ofprorogation does not arise.

Inaccordance with Article 69 (1), when Parliament is dissolved, and of course,there is an election, thereafter, the new sessionof Parliament, which in essence is the new Parliament, must begin no later thanfour months from the end of the   last session of that Parliament, that is,the date upon which Parliament wasdissolved by proclamation of the President.

 

 

No confidence motion

Ano confidence motion is rooted in Article 103(6) of the Constitution. Thesingular and mandatory consequences which flow from a successful passage of ano confidence motion is that the President and the Cabinet shall resign;Parliament stands dissolved and General Elections must be held within threemonths thereof. Therefore, while a prorogation simply brings a session an end,a no confidence motion results in dissolution which brings an end to the lifeof the Parliament.

Clearly,prorogation offers opportunities and indeed, a mechanism for dialogue andconstructive engagements on a number of issues that are of critical importanceto the country, for example, the holding of Local Government Elections, thecompromise on the Anti-Money Laundering and Countering the Financing ofTerrorism (AML/CFT) Bill and the Public Procurement Commission.  Certainly, if the no confidence motion waspassed there would not have been Local Government Elections at all because, asexplained above, that would have resulted in General Elections.

 

 

 

Why the no confidence motion

Theno confidence motion was precipitated by the Minister of finance restoration ofthe Budget cuts. These monies were restored after the Chief Justice ruled thatthe cuts were unlawful and unconstitutional and his ruling pointing toprovisions in the Constitution which authorize the Minister of Finance torestore the Budget cuts. The restoration of these monies enabled the governmentto provide a number of capital projects as well as poverty alleviationprogrammes. For example, it restored:

1)      CapitalBudget for the Hinterland, which included monies to be spent on roads,drainage, health, education, the Hinterland Development Fund, airstrips, andthe electrification programme in the interior. These measures impact upon thelives of hundreds of thousands of poor people in the Hinterland region.

2)      Therestoration permitted the Government to restore the student loan programme atthe University of Guyana, aiding thousands of students and parents withfinances for tertiary education.

3)       It allowed the government to provide a tenthousand dollars grant to every parent of every child in the public schoolsystem, thereby assisting thousands of children across the country with theireducational needs.

Theno confidence motion was essentially to sanction the Government for thesemeasures all of which were designed and indeed, have resulted in theimprovement and advancement of the welfare of our people. I am not hearing anycondemnation against the no confidence motion which was to be used as aninstrument to punish a Government for providing goods and services for the poorpeople, the Amerindians and our children. Are the persons and organizations notconcerned about the level of poverty, are they not concerned about the welfareof our children and the Amerindians; are they not concerned about the humanbeings right to enjoy a happy and full life free from hunger and want; are theynot concerned about poor children having access to an education.    

 

 

Responses to some contentions madepublicly

Ireject the notion that there is anything unlawful or undemocratic aboutprorogation. The very constitution which provides for a no confidence motionprovides for prorogation. One option cannot be right and other wrong, one optioncannot be democratic and the other undemocratic. The truth is that the noconfidence motion was intended to defeat the government and it is lawful,democratic and constitutional to do so. The Government took a pre-emptivestrike. It prorogued Parliament and defeated the no confidence motion and it isequally lawful, democratic and constitutional for the Government to do so.Prorogation has been a concept with the British Constitutional system fornearly 1000 years. It was bequeath to every country in the British Commonwealthupon their attainment of Independence. It has been widely used over the yearswithout the big hue and cry which it has generated in Guyana. In Canada, forexample, it has been used twice over the last seven years. Only last year itwas used in Australia. I do not recall those who are critical of its use inGuyana, being similarly critical when it was employed in these countries.   

Ifthe opportunities that prorogation presents for constructive engagement anddialogue are rejected by the Opposition then the nation would have seen whetherthey are really interested in dialogue and consensus building or whether theirpublic pronouncements of these matters are idle rhetoric.

Significantly,all monies spent during this period will have to be accounted for wheneverParliament resumes. All the other oversight mechanisms are in place to ensurethat there is transparency and accountability in respect of the monies spentduring this period. The role of the Auditor General, the role of the Judiciaryand of the other oversight agencies are unaffected by prorogation.   

 

FM

You can quote what ever law you wish.  For many months the PPP has been threatening snap elections. The AFC called their bluff bringing an MONC, which would have resulted in early elections. 

 

The PPP is running scared.  They are trying to get a deal with Granger, who isnt biting because if he does he will face a coup within the PNC.

FM
Originally Posted by Conscience:

The President actions were guided by the constitution, it was done in the best interest of the Guyanese populace.

The president's action is out of pure greed and cowardice. He needs to continue to have his finger in the till so a no confidence vote may mean that ends. He has no confidence he can win as well so a no confidence vote expresses both sides of the prevailing political winds.

FM
Originally Posted by Conscience:

The order has been wipe clean, the no confidence motion has died....

you apparently think the order is mere filing of the order. It is back on the table the instand parliament comes on line....absolutely no business will be conducted with the government until new general elections.

FM
Originally Posted by Conscience:

it has to be re-tabled, Government business has to be dealt with first, if a motion is passed to suspend the standing orders to allow the no confidence vote, parliament would be dissolved, paving the way for fresh elections.

This is what the opposition has been wanting, when will it happen?

cain
Originally Posted by Conscience:

The President actions were guided by the constitution, it was done in the best interest of the Guyanese populace.

  You mean that ILLEGAL constitution that is only in place because Burnham rigged the elections.

 

My father went to the polling station AFTER I did and ask if his daughter and son had voted, because if they hadn't he was going to get us out to vote.

 

Response was his daughter had voted (she wasn't even in the country) and that I hadn't (I had already voted).

 

The rigging was quite blatant and yet this is the constitution which the PPP is so proud of!

FM

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