Guyana’s Constitutional Situation - Is One Guyana a Myth?
At present there are a pletora of constitutional law cases before various levels of Courts which will breath life into fundamental constitutional provisions. The cases also reveal the new political landscape which is very partisn and divisive. The appetite for meaningful dialogue has dimmed and resort has been made to the Court to right the Constitutional balance.
GYCV2022/001 and GYCV2022/002 Bharrat Jagdeo v. Monica Thomas et al- The Caribbean Court of Justice (CCJ) will be hearing these matters on Tuesday July 19, 2022 at 10:00 AM - the issue is the jurisdiction of the Court of Appeal to hear an appeal from the first instance judge strike out a petition on the basis that a Respondent was not served on time.
Christopher Jones v. Attorney General and Clifton Hicken No. 2022-HC-DEM-CIV-FDA-705 - The Chief Justice of Guyana will be hearing this matter on Wednesday July 20, 2022 at 1:30 PM - the issue here is whether the president engaged in an overreach in violation of 211 of the Constitution when he appointed Clifton Hicken as acting Commissioner of Police using the Docrtine of Necessity.
Paul Slowe v. Secretary, Police Servce Commission Attorney Geberal of Guyana et al - Justice Gino Persaud will be hearing this matter on August 08, 2022 at 1:30 PM. This is a case involving adding Paul Slowe, immediate past Chair of the Police Service Commission, as a party to the challenge involving the unconstitutional suspension of the Chairman Paul Slowe and Commissioners by His Excellency Mohamed Irfaan Ali in June 2021 and the failure to Government of Guyana to recognize the promotion of 132 senior police officers from Inspector to Assistant Commissioner made by the said Commission.
Aubrey Norton v. Attorney General et al No. 2022-HC-DEM-CIV-FDA-902 - The Chief Justice of Guyana will be hearing this matter on August 08, 2022 at 1:30 PM the issues here revolves around the appointment of Pastor Patrick Findlay as Chair of the Police Service Commission and the appointment of the Integrity Commission without meaningful consultations with the Leader of the Official Opposition Aubrey Norton.
Vinceroy Jordan v. Attorney General et al No. 2022-HC-DEM-CIV-FDA- deal with the effect of the political stalement in Guyana whereby sincce the assumption to the office of President by Mohamed Irfaan Ali on the 2 nd day of August, 2020, he has failed to engage in any process as required by Article 127 of the
Constitution to obtain the agreement of the Leader of the Opposition in order that the offices of Chancellor and Chief Justice are held by persons with permanent appointments.
Christopher Jones v. Attorney General of Guyana et al No. 2022-HC-DEM-CIV-FDA-469 - this is a case which is challenging the legality of the Natural Resources Fund (NRF) Act which was passed in the National Assembly on December 29, 2021 and assented to on December 30, 2021, on various basis. A trial of this matter before High Court Judge Navindra Singh will take place on September 12, 2022 9:30am – 12pm, 1:30pm – 3:30pm
These cases bring to life the powers of the Executive President, the Leader of the Opposition, the Parliament and the Judiciary in a democratic state. The also serve to highlight alleged state actions that can undermine democracy, the Rule of Law, independent constitutional bodies and the National Assembly.
Selwyn A. Pieters, B.A. (Toronto), LL.B. (Osgoode), L.E.C. (U.W.I). Lawyer & Notary Public (Ontario) Attorney-at-Law (Guyana and Trinidad and Tobago) is co-counsel with other lawyers in all of the above cases.