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Former Member

Attorney General, Anil Nandlall on Tuesday told the High Court that nothing was wrong with one arm of the State taking another arm to court, as he sought to justify why the judiciary could enquire into decisions made by Parliament.

At issue is whether the National Assembly violated the principle of proportionality in deciding on the composition of the Committee of Selection. The one-seat opposition majority controlled House has decided that the committee should be made up of four from the governing Peoples Progressive Party Civic (PPPC), four from A Partnership for National Unity (APNU) and one from the Alliance For Change (AFC).

The government had preferred a 10-seat Committee with five from the PPPC, four from APNU and one from AFC to reflect what it says is the 32-seat PPPC, 26-seat APNU and seven-seat AFC in the House. The High Court, according to government, should also declare that all Standing Committees and Special Select Committees be constituted in proportion to the number of seats each political party was allocated based on the results of the November 28 general election.


Excerpts from Demwaves

Nandlall’s motion is seeking the following:

(i) A declaration that all Standing Committees and Special Select Committees of the National Assembly of the 10th Parliament of Guyana are to be constituted in proportion to the number of seats which each political party was allocated in the said National Assembly based upon the results of the National and General Elections held on November 28th, 2011, and in accordance with the provisions of Articles 60 and 160 of the Constitution of Guyana and the provisions of the Elections Laws (Amendment) Act No. 15 of 2000.

(ii) A declaration that the composition of the Committee of Selection of the 10th Parliament of Guyana which was done by an election of voting from the floor of the National Assembly on 10th day of February, 2012 and by which the said Committee was thereby composed as follows:

People’s Progressive Party/Civic – 4 members

A Partnership For National Unity – 4 members

Alliance for Change – 1 member

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.

(iii) An Order setting aside, revoking, cancelling or annulling the composition of the said Committee of Selection on the ground that it is violative of Articles 60 and 160 of the Constitution of Guyana and in breach of the provisions of the Election Laws (Amendment) Act No. 15 of 2000.

(iv) An Order directing the Respondents jointly and severally by themselves, their servants/agents and each and every member who has been or maybe extracted from their respective lists of candidates to constitute all Standing Committees and Sessional Select Committees and every other Committees of the 10th Parliament whose composition are not expressly set out in the Constitution, with due regard to and in compliance with the principle of proportionality as contemplated by the letter and spirit of Articles 60 and 160 of the Constitution of Guyana and the provisions of Election Laws (Amendment) Act No. 15 of 2000.

(v) Costs.

(vi) Such further and/or other reliefs as the Court deems just in the circumstance.

The matter is fixed for hearing on March 16, 2012 before Chief Justice Ian Chang.

 

Excerpts from Stabroeknews

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