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Opposition files Court action challenging “unlawful” appointment of two Parliamentary Secretaries

December 22 ,2020

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It has been found that the two Parliamentary Secretaries both served as candidates on the PPP's list of candidates at the last elections and therefore cannot serve in the role of Permanent Secretaries as non-elected members.

Opposition Chief Whip Christopher Jones and Senior Counsel Roysdale Forde

The APNU+AFC through its Chief Whip in Parliament Christopher Jones, has moved to the Courts to challenge the appointments of Vikash Ramkissoon and Sarah Browne as Parliamentary Secretaries and non-elected Members of the National Assembly.

Ramkissoon took the oath as Parliamentary Secretary for the Ministry of Agriculture while Browne is serving as Parliamentary Secretary for the Ministry of Amerindian Affairs.

It has been found that the two Parliamentary Secretaries both served as candidates on the PPP’s list of candidates at the last elections and therefore cannot serve in the role of Permanent Secretaries as non-elected members.

APNU+AFC Member of Parliament and Senior Counsel Roysdale Forde explained that the Constitution is clear on the issue. He said by the two persons serving as candidates in the elections, that would make them elected members. He said the President’s appointment would have to be for non-elected members.

Mr. Forde reminded of the case that was brought against the former APNU+AFC government over the appointment of two Minsters as non-elected Members of the National Assembly.

In the ruling on that case, both the High Court and the Court of Appeal found that the two Ministers could not sit in the Assembly as non-elected Members since they were both on their party’s list of candidates.

Mr. Forde said it is a similar situation that exists now.

The APNU+AFC wants the Court to issue an order directing the Speaker of the National Assembly to prevent Browne and Ramkissoon from sitting in the Assembly as Parliamentary Secretaries since they would both be doing so unlawfully.

The Speaker of the National Assembly, the Attorney General and the two parliamentary secretaries have been named as Respondents in the matter.

The case is likely to come up for hearing early in the new year.

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Patterson blasts Speaker over failure to convene committees

December 22 ,2020

Source

….hints at a possible boycott if PAC not established

Incoming Chairman of the Public Accounts Committee (PAC), David Patterson, in a blistering letter to the Speaker of the House Manzoor Nadir, not only expressed his disappointment that the constitutional committee has not been established but hinted  at a possible boycott of the next Sitting of the National Assembly, should the first meeting of the PAC not be held.

“I note with disappointment, that no notice for the convening of the Public Accounts Committee (PAC) has been issued, thus it is now highly unlikely that you be upholding your duty to summon the first meeting to have this very important committee constitutionally established,” Patterson said in a letter to the Speaker on Monday.

Constitutionally, the Speaker is mandated to call the first meeting of the PAC to facilitate the appointment of Members. It has been three months since the first sitting of the National Assembly was held but to date, the PAC has not been convened.

Patterson, an A Partnership for National Unity + Alliance For Change (APNU+AFC) Member of Parliament, has been identified by the Opposition for the chairmanship. To date, he has written at least four letters to the Speaker underscoring the need for the PAC to be convened. Letters were dispatched on November 18 & 25, 2020 and December 1, 10 & 18, 2020 but Patterson’s efforts thus far have been thus far have been unsuccessful.

“It is unacceptable to have the Parliament convened at great expense to the citizens, and not use this opportunity to convene committee meetings. It is disrespectful to the Members and a disservice to the country,” Patterson told the Speaker while indicating that the APNU+AFC MPs do not see any benefit in attending a parliamentary session, which does not take the opportunity, to reestablish the Assembly on a firm footing.

The 14th Sitting of the National Assembly will be held on Wednesday, December 23, 2020 at the Arthur Chung Conference Centre (ACCC) from 10:00hrs. Given the urgent need to have the PAC in place, Patterson recommended that the standing order be suspected to facilitate the establishment of the committee.

“In the past, when faced with similar circumstances, former Speakers would have requested that our Standing orders be suspended by motion, hence suspending the time required for scheduling of committee meetings (which is three (3) days in the case of the PAC), I write in a final plea and ask that you confirm that you will be willing to request that the Parliament suspend our Standing Orders and summon a meeting at very short notice. The Opposition Members of the PAC will be on standby, ready and able to attend as soon as there is any indication from your good self, about convening the first meeting of the PAC,” Patterson told the Speaker.

He also drew to the Speaker’s attention the fact that questions to Ministers, as submitted by both him and APNU+AFC MP Khemraj Ramjattan were not included on the 14th Order Paper though duly approved and circulated.

“We assume that those omissions were a simple oversight, and a supplementary Order Paper will be issued correcting these omissions,” Patterson said.




Another issue !!!!

Django

Parliamentary Secretaries

Guyana Constitution - Section 186

http://www.oas.org/juridico/sp...guy_constitution.pdf

186. (1) Parliamentary Secretaries may be appointed from among persons who are elected members of the National Assembly orare qualified to be elected as such members

(2) Paragraph (1) shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members of the Assembly is held as if Parliament had not been dissolved.

(3) A Parliamentary Secretary who was not an elected member of the Assembly at the time of his appointment shall (unless he becomes such a member) be a member of the Assembly by virtue of holding the office of Parliamentary Secretary but shall not vote in the Assembly.

(4) The provisions of article 183 shall apply to the office of a Parliamentary Secretary as they apply to the office of a Minister.

FM

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