Port of Spain, Trinidad. The Caribbean Court of Justice (CCJ) will have several high-profile hearings in both the Original and Appellate Jurisdiction during the period of 7-10 May 2019. The Court will hear a case concerning the freedom of movement of Caribbean citizens as well as two sets of cases from Guyana concerning last December’s no-confidence motion and the appointment of Guyana’s Elections Commission Chairman. All of CCJ’s hearings are broadcast live and the summaries of each case and the link to each of the broadcasts, are on the Court’s website at ccj.org.
On the 7th of May, the Court will hear the Application of Mr. David Bain, a national of Grenada, who alleges that his right to freedom of movement was infringed when he was refused entry into Trinidad and Tobago. Mr. Bain is also a citizen of the United States. On entering Trinidad and Tobago he had presented his US passport to immigration officials at the airport. The issue being probed is whether his presentation of a Grenadian driver’s licence or national identification card was sufficient to establish his Grenadian citizenship and so trigger his right to freedom of movement as a CARICOM national. The hearing will begin at 10 am.
On the 8th of May at 10 am the CCJ will hear a constitutional appeal brought by Mr. Zulfikar Mustapha who alleges that the circumstances of the appointment of the Chairman of the Guyana Elections Commission breaches aspects of the Constitution. Mr. Mustapha was unsuccessful in both the High Court and Court of Appeal and has appealed to the Caribbean Court of Justice.…
On the 9th and the 10th May, the CCJ will hear oral arguments in three consolidated matters. In December last, 33 of the 65 members of the National Assembly of Guyana voted in favour of a motion of no-confidence in the Government. One of the major questions at issue in this case is whether 34 votes were required to carry the motion.
Another disputed issue is whether one of the members who voted in favour of the motion, Mr. Charrandas Persaud, was ineligible to vote because he held dual citizenship. When the matter came before the Chief Justice in the High Court, the Chief Justice ruled that only 33 votes were required. However, on appeal to the Court of Appeal, it was held that 34 votes were required. The matter is now before the CCJ for final determination. The matter begins at 10 am on the 9th of May and continues at 9 am on the 10th of May.