Budget cut case …

Ruling on appeal set for January 13

WHEN the budget cut appeal hearing came up again last week in the Full Court, Justices James Bovell-Drakes and Rishi Persaud announced that they will rule on the appeal on January 13, 2014.

Finance Minister Dr Ashni Singh

On that date, Leader of the Opposition, David Granger, will know whether he will be allowed to be heard in the 2012 budget cut court case, which is being held in abeyance pending the course of the appeal.

JUSTICE IAN CAHNG

On June 19, 2013, a decision was taken by Chief Justice Ian Chang to dismiss the Opposition Leader, as well as Finance Minister Dr. Ashni Singh from the case, on the grounds that as Members of Parliament (MPs), the constitution provides them with immunity.
Granger has since sought to waive his immunity in an appeal. Attorney General Anil Nandlall, who represents the Government in the 2012 budget cut case, had argued that Granger’s immunity as an MP prohibits any participation in legal proceedings. Granger’s attorney Basil Williams had however, argued that his client was willing to waive his immunity.

David Granger

AG Nandlall disagreed with the opposition leader’s claim that he has a right to waive his immunity, arguing that it is not immunity but a prohibition which could expose all other parliamentarians. The AG stated that for the opposition leader to relinquish his rights to immunity, legislation has to be passed, amending the current law before this can happen.
The parliamentary Opposition had slashed the 2012 budget by $21B, leading to the Government taking legal action on the basis that the Opposition has no power to cut the budget.
The chief justice in a preliminary ruling had said that the National Assembly cannot cut the budget and that the Finance Minister has the authority to allocate monies as needed. But the Opposition again in 2013, despite the ruling slashed over $30B from the estimates, prompting a return to the court for a final ruling.

(GINA)