The Government, through Attorney General Basil Williams, has filed an appeal to set aside last Thursday’s decision of Chief Justice Roxane George-Wilshire; she had declared that the No Confidence motion of December 21 was lawfully passed and that the President and Government cannot remain in office after March 19, unless the National Assembly sets a new timeline.
The ruling effectively means elections are due in 44 days since Article 106 (6) mandates that elections are held 90 days after the passage of the No Confidence motion.
In the appeal filed today, the Attorney General contends that the Chief Justice “erred and misdirected herself in law” when she ruled that the motion of no-confidence upon a division vote of 33:32 Members of the National Assembly was validly passed as the requisite majority of all the elected members of the National Assembly pursuant to Article 106 (6) of the Constitution.
He further claims that the Chief Justice Roxanne George- Wiltshire “erred in law and fact and the decision was unreasonable and cannot be supported having regard to the evidence.”
The Attorney General contended that the Chief Justice erred and misdirected herself in law when she ruled that the passage of the motion requires that the Cabinet stood resigned on December 21.
The Chief Justice had declared that since the Constitution provides no formal method for the Cabinet to resign, then the Cabinet ceased to exist automatically on the passage of the No Confidence motion.
However, in accordance with Article 106 (7) of the Constitution, she declared that the President would remain in office and can direct his Ministers outside of the purview of Cabinet, which is just a subset of the Government.
The President and Government, as per the Constitution, remains in place until elections are held and a new President is sworn in.
The Attorney General also gave notice that further grounds of Appeal will be filed when the written judgment of the Chief Justice becomes available.
