Gov’t seeks Conservatory Order from High Court - on grounds that National Assembly can only approve or disapprove Budget – not cut
Georgetown, GINA, June 6, 2012
Government has moved to the High Court to have the cuts at amount to close to $21billion which were made to the 2012 National Budget by the Parliamentary Opposition, judicially reviewed.
The Administration is seeking to have the reduction of the estimates and revenues by the Committee of Supply particularly as it relates to the Office of the President, Guyana Power and Lights Inc., Government Information Agency, National Communications Network, Guyana Elections Commission, Information Communications Technology and other affected agencies, declared an abrogation of the doctrine of separation of powers, unconstitutional, unlawful, null, void and of no legal effect.
The writ which was prepared by the Attorney General and Minister of Legal Affairs, Anil Nandlall is also seeking to empower Minister of Finance, Dr. Ashni Singh to make withdrawals from the Contingencies Fund in accordance with Article 220 of the Constitution.
This article clearly states that Parliament can authorise the Minister of Finance to take advances from the Contingencies Fund if there is an urgent need for expenditure for which no other provision exists. When such an advance is taken, a supplementary estimate shall, as soon as possible, be placed before the National Assembly.
An ex parte application was submitted by way of an affidavit for Interim Orders as the Administration seeks to obtain a Conservatory Order from the High Court. The affidavit in support was set out by Cabinet Secretary and Head of the Presidential Secretariat Dr. Roger Luncheon who is responsible for the management and general administration of the Office of the President and assists in the execution of executive decisions and policies.
The affidavit pointed to Article 218 of the Constitution of Guyana which states that, in short, it is the exclusive responsibility of the Executive to prepare and lay before the National Assembly the Annual Estimates of Revenues and Expenditure for each financial year, for its approval or disapproval. Dr. Luncheon noted however, that no power resides in the National Assembly, either in the Committee of Supply, or at all, to move an amendment to reduce any aspect of the Annual Estimates of Revenues and Expenditure laid by the Minister of Finance, and certainly, the National Assembly has no power whatsoever, in proposing a new or different sum, or any sum at all.
It is on these grounds that the administration is charging that the two motions moved by Mr Ramjattan and Mr Greenidge, which sought to reduce the National Budget, and proposed different sums instead, amounted to an arrogation of powers in addition to a usurpation of a function which exclusively resides in the Executive, thereby, abrogating the doctrine of separation of powers.
The Cabinet Secretary in the affidavit added that “in respect of the affected agencies, the National Assembly, and not the Executive, presented the Annual Estimates of Revenues and Expenditure for the year 2012, a situation not provided for, nor contemplated by, the Constitution in any form or fashion.”
The affidavit further explained that under the Constitution of Guyana the National Assembly has only the power to approve or disapprove of the National Budget, in its entirety.
As such, all reductions to the Budget were ultra vires the Constitution and the jurisdiction and authority of the National Assembly.
The financial strangulation of the Executive, the affidavit noted, will severely and irreversibly prevent the discharging of functions in the manner provided for and contemplated by the Constitution, and/or legislation, resulting not only in constitutional chaos, but the Executive’s inability to govern and administer the affairs of the nation in accordance with the provisions of and the manner contemplated by the Constitution.
Dr. Luncheon also stated quite clearly in his affidavit that the financial resources of the State are more than adequate to meet the original Estimates of Revenues and Expenditure for 2012 as laid in the National Assembly by the Minister of Finance.
He has called on the High Court to ensure the balance of convenience, justice and national interest weighs heavily in favour of the grant of the Orders sought, whilst giving the assurance that “there is no harm, damage or injustice which will accrue if the Order sought herein is granted, and on the other hand, if they are refused, constitutional chaos, which jeopardises the nation’s interest, is a likely consequence.”