The ruling in the third term appeal matter has been pushed back to next Tuesday.
Stabroek News was informed this morning that notices were sent out to the relevant parties yesterday informing them of the deferral.
A copy of the letter seen by this newspaper stated that the appeal is “fixed for decision on Tuesday 21st of February, 2017 at 01:30 hrs (instead of Wednesday the 15th of February, 2017) at the Court of Appeal”. The letter is dated 13th February, 2017 and is signed by a court official on behalf of the Registrar.
No reason was given for the delay but Stabroek News has been informed that the three-member panel of judges headed by outgoing Chancellor (ag) Carl Singh need more time to deliberate on the pleadings before them. This newspaper was told that all of the parties submitted their affidavits within the specified time period.
The outcome in this case could determine if former President Bharrat Jagdeo can run for office a third time. The next general election is in 2020.
The court action had been brought by Cedrick Richardson, a private citizen, months before the 2015 elections. He challenged the restriction created by amendments to Article 90 of the Constitution that were enacted in 2001 after the bipartisan Constitution reform process. The Attorney General and then Speaker Raphael Trotman were named as the defendants in the court action.
The amendments to Article 9 of the Constitution had seen the insertion of two clauses to allow for re-election only once, while Justice Ian Chang’s ruling would allow former two-term president Jagdeo to seek re-election. Jagdeo is the current Opposition Leader.
Article 90 of the Constitution now carries clause (2), which states, “A person elected as president after the year 2000 is eligible for re-election only once,” and clause (3), which states, “A person who acceded to the presidency after the year 2000 and served therein on a single occasion for not less than such period as may be determined by the National Assembly is eligible for election as president only once.”
On July 9, 2015, then acting Chief Justice Chang ruled that the presidential term-limit was unconstitutional without the approval of the people through a referendum. Weeks later Solicitor General Sita Ramlal on behalf of the AG and Attorney Roysdale Forde on behalf of Trotman appealed.
