Dear Editor,
I refer to the article `Speaker erred in ruling no-confidence motion passed – to AG says’ published in the Stabroek News of Monday, 31 December in which a claim is made by Attorney General Basil Williams that the difference in wording between articles 168 and 106(6) had an effect on whether the majority vote should be 34 votes as opposed to 33 votes.
Article 168 provides that “Save as otherwise provided by this Constitution, all questions proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting.”
Article 106(6) provides that “Cabinet including the President shall resign if the Government is defeated by the vote of the majority of all elected members of the National Assembly on a vote of confidence.”
Both provisions used the word ‘majority’ while Williams is quoted as saying that “The framers of the Constitution by requiring the vote of a majority of all the elected members of the National Assembly have set the requirement as an absolute majority.” Maybe Williams could explain why the framers of the Constitution did not simply use the phrase “absolute majority”?
Williams contends that the difference in wording “members present and voting” and “all elected members” has some influence on the manner in which majority is calculated. This is incorrect.
Instead, the variation deals with the total number against which the majority is measured. For example, if in a parliament of 65 members, assume 5 members abstained from the vote; 32 members voted for a motion; and 28 voted against. Under “a majority of the votes of the members present and voting”, the motion would pass as 32 is higher than 28. Under “vote of the majority of all elected members”, the motion would not pass as 32 is not higher than 32.5 or half of the whole house. The provision therefore protects against abstentions.
Guyanese must reject these attempts at mis-direction on the Constitution. The ensuing confusion creates false hope for some and could result in a feeling of being cheated when the end result does not go in their favour.
Yours faithfully,
(Name and address provided)
