By a majority, the Court of Appeal this afternoon ruled that the no confidence motion against the Government of Guyana was not carried and is invalid based on an absolute majority not being attained.
Chancellor Yonette Cummings and Appeal Justice Dawn Gregory, both ruled that in Guyana’s 65 member National Assembly, an absolute majority was needed to carry the no-confidence motion and that was not obtained.
Appeal Justice Rishi Persaud was the only Justice of Appeal who ruled that the 33 votes met the majority rule.
Justices Cummings and Gregory made the point that it is clear that an absolute majority was needed for the passage of the no confidence motion and an absolute majority cannot be the same as a simple majority.
They referred to the ruling of the Caribbean Court of Justice in the Third Term matter, which differentiated the difference between a simple majority and an absolute majority under the Constitution of Guyana.
Both Judges stated that with half of 65 being 32.5, that needed to be rounded up and then 1 needed to be added for an absolute majority.
Attorney General Basil Williams welcomed the ruling of the Court and stated that it means the Government will continue with business as usual since the ruling has thrown out the validity of the no-confidence motion.
Attorney Anil Nandlall who represents the Opposition Leader Bharrat Jagdeo, indicated that he intends to take the matter to the Caribbean Court of Justice. He said he is disappointed by the ruling of the Court of Appeal.