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Nehru

National Assembly cannot reverse powers of any member – Chief Justice rules

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Friday, 01 March 2013 22:30

Chief Justice(CJ) (ag) Ian Chang yesterday ruled that the National Assembly, not being Parliament, cannot, through any bill or motion be empowered to negate the powers of any member of the National Assembly.

AG Anil Nandlall

The CJ also ruled that whenever the court’s jurisdiction is invoked on any issue, the court’s decision is final and binding. Attorney General and Minister of Legal Affairs Anil Nandlall had filed a Motion in the High Court on behalf of the Government of Guyana, to nullify the No-Confidence Motion moved in the National Assembly on July 25, 2012 by Opposition Leader David Granger and passed by the House on July 30, 2012. The no-confidence Motion was brought against Minister of Home Affairs Clement Rohee after the death of three protestors in the mining town of Linden on July 18, 2012. The protest took place when residents objected to the hike in the electricity tariff in Region 10. The events took a turn for the worse during which period the trio was killed and others injured. Minister Rohee was accused of giving direct orders to the police officers on the ground to shoot at the protestors, and for not having proper oversight of national security in Guyana.

Justice Ian Chang

Government had said it would not remove the minister from office, until the findings and report of a Commission of Inquiry empanelled to investigate the events of that day. That report was submitted to the Head of State on Thursday and its findings exonerate the minister. When the no-confidence Motion was presented by the Leader of the Opposition, David Granger, he had declared it to be the “Mother of all Motions.” AG Nandlall now observes that “the Court has now pronounced finally and definitively that that mother of all motions is unconstitutional, unlawful, and misconceived legally.” The final ruling of the CJ has endorsed his preliminary ruling. The major points in yesterday’s ruling were that Minister Rohee has a Constitutional right to speak, and that the National Assembly, not being the Parliament, cannot negate or deny him that Constitutional right to speak, which extends to the presentation of any motions or bills as is expressly guaranteed by the Constitution as a right to an elected member. Ruling that the motion filed by the Leader of the Opposition, was misconceived and unconstitutional, the CJ also stated that the convention which applies in England in relation to ministerial responsibility and resignation when a no-confidence motion is passed in a minister, has no place in Guyana’s political architecture. As such, he has ruled that the motion which was passed to repose that no-confidence motion in the minister and the consequent sanctions which followed, that is, the imposition of that prohibition which prevents the minister from speaking, is wholly wrong, unconstitutional and outside the power of the National Assembly. The CJ also outlined the distinction between the role of parliament to regulate its own procedure, and the role of the court in relation to parliament. AG Nandlall explained that, “The CJ stated clearly that while the parliament has a role to play in regulating its business and to determine matters arising from its business, this, however, does not oust the jurisdiction of the court to retain a supervisory jurisdiction of review of everything that transpires in parliament to ensure that parliament, the national assembly and the members of the national assembly do not exceed their constitutional powers, and do not trample on the constitutional rights of members and the national assembly. The court remains the only tribunal that is imbued with such a jurisdiction, and whenever the court’s jurisdiction is invoked, and the court makes a ruling on those matters, it is final and binding.” The AG expressed the fervent hope that, “once and for all, this will put this matter to rest and bring closure to those critics who are criticising me and the government for bringing these matters to the court.” He pointed to the fact that the CJ’s ruling a second time around, has confirmed that the court has an important role to play and, “it is the court to which we must come whenever the Constitution is being violated and that is the democratic and legal obligation that we have as a government. We will continue whenever we feel that the national assembly has exceeded its powers and has violated the Constitution to come back to the court for redress.” Meanwhile, A Partnership for National Unity Member of Parliament and legal representative Basil Williams, while conceding that the CJ’s final ruling has endorsed the preliminary decision, noted that some issues were clarified. “He (the CJ) has also crystallised the relationship between the power of the parliament and the court, and has reaffirmed that the court is the only and final authority to determine issues of law and issues emanating from the Constitution, not the Speaker. The Speaker cannot deal with matters of the Constitution or matters of law. Even if he deals with it, he is not the final decision maker in this respect, that jurisdiction resides with the court,” Williams declared. This statement made by Williams is a glaring contradiction of what his party holds fast to. APNU and its leaders have consistently declared that because they hold the parliamentary majority in conjunction with the Alliance For Change, they have the legal and constitutional authority to make decisions that must be followed and adhered to by government and the national assembly.

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Former Member

That is indeed what the Constitution dictates. After all the bastardized Burnham Constitution is what makes it the law of the land.

3/2/1311:35 AM

NehruBig Mouth Member

Originally Posted by TK:

That is indeed what the Constitution dictates. After all the bastardized Burnham Constitution is what makes it the law of the land.

So abide by the Constitution or deal with the consequences.

3/2/1311:37 AM

NehruBig Mouth Member

Originally Posted by TK:

That is indeed what the Constitution dictates. After all the bastardized Burnham Constitution is what makes it the law of the land.

So why your Leader, THE DUNCE Trotty wasted time and money and embarassed the entire opposition???????????

3/2/1311:38 AM

Former Member

Originally Posted by Nehru:

Originally Posted by TK:

That is indeed what the Constitution dictates. After all the bastardized Burnham Constitution is what makes it the law of the land.

So why your Leader, THE DUNCE Trotty wasted time and money and embarassed the entire opposition???????????

He understands that the rule of law must prevail, although it is the rule of bastards, thieves, oligarchs and crooks. History will be kind to Trotty.

3/2/1311:46 AM

NehruBig Mouth Member

Originally Posted by TK:

Originally Posted by Nehru:

Originally Posted by TK:

That is indeed what the Constitution dictates. After all the bastardized Burnham Constitution is what makes it the law of the land.

So why your Leader, THE DUNCE Trotty wasted time and money and embarassed the entire opposition???????????

He understands that the rule of law must prevail, although it is the rule of bastards, thieves, oligarchs and crooks. History will be kind to Trotty.

HAHAHA He is exactly like you.

3/2/1311:47 AM

Former Member

Originally Posted by Nehru:

Originally Posted by TK:

Originally Posted by Nehru:

Originally Posted by TK:

That is indeed what the Constitution dictates. After all the bastardized Burnham Constitution is what makes it the law of the land.

So why your Leader, THE DUNCE Trotty wasted time and money and embarassed the entire opposition???????????

He understands that the rule of law must prevail, although it is the rule of bastards, thieves, oligarchs and crooks. History will be kind to Trotty.

HAHAHA He is exactly like you.

Your IQ continues to let you down.

3/2/1312:00 PM

NehruBig Mouth Member

Originally Posted by TK:

Originally Posted by Nehru:

Originally Posted by TK:

Originally Posted by Nehru:

Originally Posted by TK:

That is indeed what the Constitution dictates. After all the bastardized Burnham Constitution is what makes it the law of the land.

So why your Leader, THE DUNCE Trotty wasted time and money and embarassed the entire opposition???????????

He understands that the rule of law must prevail, although it is the rule of bastards, thieves, oligarchs and crooks. History will be kind to Trotty.

HAHAHA He is exactly like you.

Your IQ continues to let you down.

Hey Dummy. Trotty was part of making that constitution.

3/2/1312:01 PM

Former Member

Originally Posted by Nehru:

Originally Posted by TK:

Originally Posted by Nehru:

Originally Posted by TK:

Originally Posted by Nehru:

Originally Posted by TK:

That is indeed what the Constitution dictates. After all the bastardized Burnham Constitution is what makes it the law of the land.

So why your Leader, THE DUNCE Trotty wasted time and money and embarassed the entire opposition???????????

He understands that the rule of law must prevail, although it is the rule of bastards, thieves, oligarchs and crooks. History will be kind to Trotty.

HAHAHA He is exactly like you.

Your IQ continues to let you down.

Hey Dummy. Trotty was part of making that constitution.

===

That's a lie...he is too young to have been a member of the Burnham PNC.

3/2/1312:12 PM

Former Member

Originally Posted by TK:

Originally Posted by Nehru:

Originally Posted by TK:

Originally Posted by Nehru:

Originally Posted by TK:

Originally Posted by Nehru:

Originally Posted by TK:

That is indeed what the Constitution dictates. After all the bastardized Burnham Constitution is what makes it the law of the land.

So why your Leader, THE DUNCE Trotty wasted time and money and embarassed the entire opposition???????????

He understands that the rule of law must prevail, although it is the rule of bastards, thieves, oligarchs and crooks. History will be kind to Trotty.

HAHAHA He is exactly like you.

Your IQ continues to let you down.

Hey Dummy. Trotty was part of making that constitution.

===

That's a lie...he is too young to have been a member of the Burnham PNC.

Nehru just get served . . . again!

LOL

3/2/132:03 PM

Former Member

Originally Posted by TK:

Originally Posted by Nehru:

Hey Dummy. Trotty was part of making that constitution.

===

That's a lie...he is too young to have been a member of the Burnham PNC.

Perhaps, also too young to understand the nuances of the Constitution and Laws of Guyana?

3/2/132:07 PM

Former Member

Originally Posted by Demerara_Guy:

Originally Posted by TK:

Originally Posted by Nehru:

Hey Dummy. Trotty was part of making that constitution.

===

That's a lie...he is too young to have been a member of the Burnham PNC.

Perhaps, also too young to understand the nuances of the Constitution and Laws of Guyana?

suuure . . . and in your alternate, bizarro universe you're a distinguished constitutional scholar, rite?

3/2/132:18 PM

Former Member

This thread was meant for the dunce and I see redux is taking ownership of the title.

3/2/133:11 PM

Former Member

Originally Posted by ABIDHA:

This thread was meant for the dunce and I see redux is taking ownership of the title.

de licks sweet naa . . . u lookin fuh mo, i seee

leh me go find a fresh whip

3/2/133:13 PM

Former Member

Abi, are you calling the distinguished professor a dunce?

3/2/133:14 PM

Former Member

Originally Posted by Observer:

Abi, are you calling the distinguished professor a dunce?

u can't get enough of the whipping too . . . i seee

3/2/133:17 PM

Former Member

Originally Posted by Observer:

Abi, are you calling the distinguished professor a dunce?

Bro, I have been giving the honorable professor some advise of my own about his behavior, but he doesn't seem to care. He prefer to wrestle in the gutter with the low life crab-dogs.

3/2/133:29 PM

Former Member

You can take the man out of the gutter, but you can't take the gutter out of him.

3/2/133:36 PM

Former Member

Originally Posted by ABIDHA:

Originally Posted by Observer:

Abi, are you calling the distinguished professor a dunce?

Bro, I have been giving the honorable professor some advise of my own about his behavior, but he doesn't seem to care. He prefer to wrestle in the gutter with the low life crab-dogs.

de antiman coven jonesing fuh mo licks . . . dey can taste it already

step up deh boys . . .

3/2/133:37 PM

Former Member

Originally Posted by ABIDHA:

This thread was meant for the dunce and I see redux is taking ownership of the title.

LOL

3/2/133:53 PM

cainTired old hippie

Originally Posted by ABIDHA:

Originally Posted by Observer:

Abi, are you calling the distinguished professor a dunce?

Bro, I have been giving the honorable professor some advise of my own about his behavior, but he doesn't seem to care. He prefer to wrestle in the gutter with the low life crab-dogs.

This is exactly what he's doing as he mixes/discusses/whips you PPP dirtbags.

3/2/135:07 PM

Former Member

Cain is on fire today.

3/2/135:17 PM

Former Member

Originally Posted by TK:

Originally Posted by Nehru:

Originally Posted by TK:

That is indeed what the Constitution dictates. After all the bastardized Burnham Constitution is what makes it the law of the land.

So why your Leader, THE DUNCE Trotty wasted time and money and embarassed the entire opposition???????????

He understands that the rule of law must prevail, although it is the rule of bastards, thieves, oligarchs and crooks. History will be kind to Trotty.

TK, you are certainly a bitter man against the PPP. You are over the edge.

3/2/135:39 PM

Former Member

Originally Posted by baseman:

Originally Posted by TK:

Originally Posted by Nehru:

Originally Posted by TK:

That is indeed what the Constitution dictates. After all the bastardized Burnham Constitution is what makes it the law of the land.

So why your Leader, THE DUNCE Trotty wasted time and money and embarassed the entire opposition???????????

He understands that the rule of law must prevail, although it is the rule of bastards, thieves, oligarchs and crooks. History will be kind to Trotty.

TK, you are certainly a bitter man against the PPP. You are over the edge.

Not only that...I don't know how he does concentrate on his teaching? I hope there no PPP supporters in his class.

3/2/135:51 PM

Former Member

Originally Posted by cain:

Originally Posted by ABIDHA:

Originally Posted by Observer:

Abi, are you calling the distinguished professor a dunce?

Bro, I have been giving the honorable professor some advise of my own about his behavior, but he doesn't seem to care.

He prefer to wrestle in the gutter with the low life crab-dogs.

This is exactly what he's doing as he mixes/discusses/whips you PPP dirtbags.

In the gutter .. an exceeding high place for TK.

3/2/136:41 PM

NehruBig Mouth Member

OW Bhai, He gat Mumma yuh kno.

3/2/136:42 PM

Former Member

Originally Posted by Demerara_Guy:

Originally Posted by cain:

Originally Posted by ABIDHA:

Originally Posted by Observer:

Abi, are you calling the distinguished professor a dunce?

Bro, I have been giving the honorable professor some advise of my own about his behavior, but he doesn't seem to care.

He prefer to wrestle in the gutter with the low life crab-dogs.

This is exactly what he's doing as he mixes/discusses/whips you PPP dirtbags.

In the gutter .. an exceeding high place for TK.

===

Your grammar is poor. That should be exceedingly.

3/2/138:15 PM

Former Member

Originally Posted by baseman:

Originally Posted by TK:

Originally Posted by Nehru:

Originally Posted by TK:

That is indeed what the Constitution dictates. After all the bastardized Burnham Constitution is what makes it the law of the land.

So why your Leader, THE DUNCE Trotty wasted time and money and embarassed the entire opposition???????????

He understands that the rule of law must prevail, although it is the rule of bastards, thieves, oligarchs and crooks. History will be kind to Trotty.

TK, you are certainly a bitter man against the PPP. You are over the edge.

===

Just stating the facts.

3/2/138:16 PM

Former Member

Originally Posted by TK:

Originally Posted by Demerara_Guy:

Originally Posted by cain:

Originally Posted by ABIDHA:

Originally Posted by Observer:

Abi, are you calling the distinguished professor a dunce?

Bro, I have been giving the honorable professor some advise of my own about his behavior, but he doesn't seem to care.

He prefer to wrestle in the gutter with the low life crab-dogs.

This is exactly what he's doing as he mixes/discusses/whips you PPP dirtbags.

In the gutter .. an exceeding high place for TK.

===

Your grammar is poor. That should be exceedingly.

And you understand the point.

3/2/138:24 PM

Former Member

Originally Posted by Demerara_Guy:

Originally Posted by TK:

Originally Posted by Demerara_Guy:

Originally Posted by cain:

Originally Posted by ABIDHA:

Originally Posted by Observer:

Abi, are you calling the distinguished professor a dunce?

Bro, I have been giving the honorable professor some advise of my own about his behavior, but he doesn't seem to care.

He prefer to wrestle in the gutter with the low life crab-dogs.

This is exactly what he's doing as he mixes/discusses/whips you PPP dirtbags.

In the gutter .. an exceeding high place for TK.

===

Your grammar is poor. That should be exceedingly.

And you understand the point.

===

Nope it is not understandable...

3/2/138:25 PM

Former Member

Originally Posted by ABIDHA:

Originally Posted by Observer:

Abi, are you calling the distinguished professor a dunce?

Bro, I have been giving the honorable professor some advise of my own about his behavior, but he doesn't seem to care. He prefer to wrestle in the gutter with the low life crab-dogs.

The only advice you can give is an admonition not to take advice from you. You make as much sense as in the inverse proportion to the frequency with which you open your mouth to say something.

3/2/139:06 PM

Former Member

Originally Posted by TK:

Originally Posted by Demerara_Guy:

Originally Posted by TK:

Originally Posted by Demerara_Guy:

Originally Posted by cain:

Originally Posted by ABIDHA:

Originally Posted by Observer:

Abi, are you calling the distinguished professor a dunce?

Bro, I have been giving the honorable professor some advise of my own about his behavior, but he doesn't seem to care.

He prefer to wrestle in the gutter with the low life crab-dogs.

This is exactly what he's doing as he mixes/discusses/whips you PPP dirtbags.

In the gutter .. an exceeding high place for TK.

===

Your grammar is poor. That should be exceedingly.

And you understand the point.

===

Nope it is not understandable...

Be persistent to perhaps gain a bit of sense.

3/2/1311:31 PM

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