Gov’t launches legal battle over Parliamentary Committee - Granger, Trotman named in court papers
Attorney General Anil Nandlall
The government yesterday announced that it was heading to the constitutional court to challenge the setting up of 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, said 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 and have argued that there is nothing unconstitutional about the setting up of the committee.
Opposition Leader David Granger
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 a crucial one seat and could swing on either side.
In court documents filed yesterday by Attorney General Anil Nandlall, 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 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.
Opposition Leader David Granger and Speaker of the National Assembly, Raphael Trotman, are named as respondents in the case.
In court documents, 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.
Speaker Raphael Trotman
AFC Parliamentarian Moses Nagamootoo said that unless it is shown that the decision of the majority of the members of the Parliament violated a law, “then I may think that the Government would have its merry way in court.”
“This country is suffering, because you have a minority masquerading as a majority, and it has to live up to the reality of the times. It can no longer impose its will on the Guyanese people by tic tac and by arbitrary methods and authoritarian methods. And Dr. Luncheon must know that this side of the table is not deficient with regard to legal and juristic minds,” Nagamootoo stated.
On February 10, the opposition parties had used their majority vote in the National Assembly to revise the composition of the committee, which is responsible for appointing all of the other Parliamentary committees. The opposition wants the formation of the other committees to follow the same membership composition of the umbrella Committee of Selection.
The government is insisting that since it holds the single largest bloc of votes in the National Assembly, it should be entitled to five seats on the committee, but the combined opposition parties disagree and are sticking to their position.
The current committee is made up of PPP members Samuel Hinds, Dr Leslie Ramsammy, Indranie Chandarpal and Gail Teixeira, while APNU members are Amna Ally, Volda Lawrence, George Norton and Joseph Harmon. The AFC is represented by Khemraj Ramjattan.
The opposition has argued that the Committee of Selection complied with every section of the Standing Orders of the Parliament which is in consonance with the Constitution of Guyana.
Standing Order 94 (1) states: “Every select committee shall be constituted as to ensure, as far as possible, that the balance of parties in the Assembly is reflected in the committee.”
The opposition has called on the Speaker of the National Assembly, Raphael Trotman, who happens to be the Chairman of the Committee of Selection, to execute his function “without fear or favour, affection or ill will.”
The Opposition has tabled three motions in parliament to address the number of members in the Parliamentary Management Committee from 10 members to 9 members; to adjust the sectoral committees to reflect the seats allocated to political parties in the National Assembly and to provide non-voting rights for non-elected members of the National Assembly or any committee.