The Caribbean Court of Justice, while upholding the collapse of government under the David Granger in Guyana, issued a substantial decision on the movement of defection and no confidence.
In this case, the National Assembly voted on a motion of no confidence against President Granger in which 33 members voted in favour, while 32 voted against the motion.
Mr Persaud, one of the participants, acted against the whip of the group and voted in favour of the motion. In the petition submitted by the Attorney General to the High Court, it was subsequently pointed out that, during the election, he held the citizenship of Canada, and is declared disqualified as a member of the Assembly. The Supreme Court received an appeal and a counter-appeal concerning the movement of no confidence against Guyana's incumbent president, Mr Granger.
The court ruled on the first problem that Articles 106(2) and 106(6) were to give impact to this basic principle of responsible government. It is unimportant that Article 106(6) speaks of a "motion of confidence" and not a movement of no trust.
It does not influence the principle's functioning. These are mere linguistic differences denoting the same coin's distinct sides. Therefore, the court dismissed all allegations challenging the motion of no confidence passed against the incumbent president and upheld the removal as constitutional of his governments.
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