Granger’s challenge of Gov’t spending for hearing today – AG says charges are ‘without merit’

December 14, 2014, , Source - Guyana Chronicle

A LEGAL challenge advanced by Opposition Leader, Brigadier (rtd) David Granger, is expected to come up today before Acting Chief Justice Ian Chang.Through the challenge, made via an affidavit filed last Thursday, Granger is calling for a Conservatory Order to stay all spending or any further spending by Finance Minister, Dr. Ashni Singh, or any other Government ministers on programmes disapproved or not authorised by the National Assembly until the hearing and determination of the matter.

WITHOUT MERIT
However, Attorney-General (AG) and Minster of Legal Affairs Anil Nandlall, who is listed as a defendant in the matter, contends that the case filed by the main Opposition leader is without merit.

Opposition Leader David Granger

“It is without merit. I am not clear why the action was filed in the first place,” he told the Guyana Chronicle yesterday, during a telephone interview.

The Attorney-General also questioned the timing of the action, surmising that it may be that Granger is pandering to his supporters.

He explained that the Government’s use of public funds is in accordance with constitutional provisions, pointing out that the constitution spells out clearly the requirements that have to be met for public funds to be used.

Nandlall said, “If the Minister of Finance takes monies in these circumstances from the Consolidated Fund and expends it, he is required to lay in the National Assembly a Statement of Excess showing for what purpose these monies have been expended.”

He added that the Granger’s contentions have been addressed in a ruling by the Acting Chief Justice and the Opposition leader’s most recent application to the courts is essentially requesting a “re-litigation” of the matter.

“The issues raised by Mr. Granger have already been determined by the High Court and are the subject of review by an Appellate Tribunal,” the Attorney-General said.

Nandlall also rejected the argument that the Government, given the fact that Parliaments is currently prorogued, is avoiding scrutiny of spending.

“The constitution makes adequate provisions for monies to be spent,” he stressed.

He was emphatic that the Government stands ready to respond to Granger’s challenge.

Additionally, the Finance Minister and Speaker of the National Assembly Raphael Trotman are also listed as defendants in the matter.

ADDITIONAL CALLS
Also, according to Granger’s application, in which he is listed as the plaintiff, there is also a call for the courts to pronounce on the constitutionality of the combined Opposition’s disapproval of sums in the 2014 Budget, as well as a declaration that the restoration of those monies by the Finance Minister.

Budget 2014 saw the slashing of $37.5B from the allocations of $220B by A Partnership for National Unity (APNU) and the Alliance for Change (AFC).

The Finance Minister at the time, noted that the Government would rely on the final ruling of Acting Chief Justice Ian Chang regarding budget cuts.

In January this year, Chang ruled that the National Assembly has no right to cut the national budget. The Chief Justice handed down his decision in the High Court on January 29.

In the Preliminary Ruling given in June 2012, the CJ had ruled that the National Assembly had a role to either approve or disapprove of the National Estimate, not to cut them.

An appeal of Chang’s controversial 2012 Budget cut ruling has since been filed in the name of the Speaker of the House Raphael Trotman. The Notice of Appeal of Chang’s decision was filed in February by lawyer and Leader of the Alliance for Change (AFC) Khemraj Ramjattan, on behalf of the Speaker of the National Assembly.

The ruling followed a move by the Government of Guyana, which had taken the Opposition to court following the slashing of the 2012 National Budget by $20.8B, claiming it was unconstitutional.

Subsequently, Dr. Singh move to restore the sums cut from the 2014 Budget, via a financial paper.

Included in the $4.6B Paper is the full return of $6.1B to the Office of the President. The allocation, for current expenditures, included monies for the Government Information Agency (GINA) and the National Communications Network (NCN).

Also, the sum of $450M has been returned to the President’s Office for capital expenditures under the Administrative Services category.

A portion of the capital expenditures under the Ministry of Finance’s policy and administration has also been returned, and includes $424M for the Low Carbon Development Strategy (LCDS) programmes; $225M for the University of Guyana’s student loan funds; and $67M for the Guyana Revenue Authority (GRA).

The Amerindian Development Fund’s $303M allocation has been returned to the Ministry of Amerindian Affairs, as has the $359.8M for the Cheddi Jagan International Airport (CJIA) expansion project.

The $4.6B Statement of Excess is the fourth since the start of the 10th Parliament, Financial Paper 1/2014, tabled in the National Assembly on June 19, is yet to be considered by the National Assembly. It reflects spending from January 1, 2014 to June 16, 2014.

To date, in the 10th Parliament, of the four Statements of Excess have been tabled, 58 per cent of what was considered has been approved by the combined Opposition.

Despite the Government’s repeatedly expressed contentions that the restoration of the 2014 Budget cuts were constitutional, Granger in his application is seeking a declaration that the expenditures were “unconstitutional, ultra vires, null and void, unreasonable and in breach of the doctrine of the separation of powers.”

Granger’s application is set to be defended by Senior Counsel Rex McKay and Attorneys-At-Law Basil Williams, Hewley Griffith, Lawrence Harris, Michael Somersaul, Joseph Harmon, James Bond, Lewellyn John and Bettina Glasford.

Source - http://guyanachronicle.com/gra...s-are-without-merit/