Constitutional motion…AG argues for court to rule on Parliament

By Latoya Giles

Attorney General, Anil Nandlall, yesterday cited several cases in support of his party’s, the People’s Progress Party (PPP), constitutional motion which was filed earlier this month to challenge modifications to the Parliamentary Committees as proposed by the Parliamentary Opposition.

Anil Nandlall

Nandlall yesterday argued about the constitutionality of the Parliamentary Committee of Selection when the case came up. The opposition parties which hold a majority, have voted for the committees to be made up of nine members, but the government wants them to remain a 10-member committee and took the matter to court.

Nandlall is arguing that what is being sought by the opposition in Parliament with the committees is being done against the Parliamentary norms, conventions and the constitution. The AG is seeking the court’s intervention to stop this.

However, lawyers for the opposition are contending that Parliament and the Courts of Guyana are two separate pillars of the Constitution and therefore one could not intrude in the working of the other.

Nandlall yesterday called for the court to recognise that while a constitutional breach has not occurred, there is a violation of the constitution. He said that court has an automatic notice in the matter.

According to the AG, the objective of the other side is to say that the court cannot be involved in what happens at Parliament. He said that he rejects this proposition.

Nandlall told the court that Guyana has a constitutional democracy which is the cornerstone of the constitution– the supreme law of the country. He argued that while Parliament was created from the constitution, it cannot act over it.

Senior Counsel Rex McKay interjected and said that all of the cases which were cited by Nandlall do not show any link to what was filed by the AG.

Parliamentarian and Presidential Candidate for the AFC, Khemraj Ramjattan, also shared this view. Ramjattan said that all of the cases cited failed to incorporate the article which was stated in the motion by the AG.

After the arguments, the matter was adjourned to Friday afternoon for continuation.

Speaker of the National Assembly, Raphael Trotman

The AG moved to the court earlier this month to challenge the new arrangement for the Parliamentary Committee of Selection on which it was relegated to minority membership following the November 28 polls.

The government’s chief spokesman, Dr. Roger Luncheon, had stated that the government is seeking to achieve the same objective by way of a motion in the National Assembly, but that is not likely to find favour, since the opposition controls Parliament.

The government is looking to fight the battle wherever it can in its attempts to quash the formation of the committee which gives the governing party – the PPP – and the opposition coalition -APNU – four members each.

The other opposition party, the AFC holds one seat on the committee.

In court documents, Attorney General Nandlall, stated that the government is seeking a declaration that the composition of the Committee of Selection “is in violation of the principle of proportionality as contemplated by Articles 60 and 160, of the Constitution and the provisions of the Elections Laws (Amendment) Act No.15 of 2000 and accordingly, unconstitutional, unlawful, null, void and of no effect.”

Further, the government wants the court to issue an order setting aside, revoking, cancelling or annulling the composition of the said Committee of Selection on the premise that it violates Articles 60 and 160 of the Constitution of Guyana and is in breach of the provisions of the Election Laws (Amendment) Act No. 15 of 2000.

Opposition Leader, David Granger

Opposition Leader David Granger and Speaker of the National Assembly, Raphael Trotman, are named as respondents in the case.

Nandlall argued that the composition of the Committee of Selection is violative of the principle of proportionality as contemplated by the Constitution since in this configuration; the PPP/C with 32 seats has the same representation in the Committee with APNU which only secured 26 seats.