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Government challenges budget cuts

 

June 6, 2012 | By | Filed Under News 
 

The government, through Cabinet Secretary Dr. Roger Luncheon, has moved to the High Court by way of an ex-parte motion, which seeks to state that the National Assembly has no power to cut the annual budget. It is seeking an order that the $20.9B in cuts be set aside.


Opposition Leader David Granger, Speaker of the National Assembly Raphael Trotman and Dr. Ashni Singh are commanded within ten days to appear before Chief Justice. Dr. Luncheon in his affidavit in support of the motion stated that 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.


He said 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.

According to Dr. Luncheon the two motions moved by Mr. Ramjattan and Mr. Greenidge, which sought to “reduce the Estimates of Revenues and Expenditure laid by the Honourable Minister of Finance, and the proposals of different sums instead, amounted not only to an arrogation of powers which the Constitution does not confer upon them, but was also a usurpation of a function which the Constitution exclusively resides in the Executive, thereby, abrogating the doctrine of separation of powers.”

Dr. Luncheon said 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.

He went on to note that indeed, and admittedly, the National Assembly has an additional financial responsibility to approve expenditure as provided for in Article 120, but the same relates and is confined to expenditure connected with future offices to be constituted by the President.


The Cabinet Secretary said that none of the offices and entities which formed the subject of these proceedings are new offices; they are all existing offices; indeed, the express confinement of the power of approval to future offices fortifies the contention that no power is vested in the National Assembly by the Constitution to affect funding to existing offices, save and except, a power of complete disapproval as contemplated by Article 218.


Therefore, all reductions of the Annual Estimates of Revenues and Expenditure purportedly affected by the Committee of Supply of the National Assembly were ultra vires the Constitution and the jurisdiction and authority of the National Assembly.


Perhaps, the most pellucid exemplification of unconstitutional nature and the unlawful magnitude of the National Assembly’s actions in respect of the reduction of the said Annual Estimates, is the Ethnic Relations Commission, a body which is not only established by the Constitution itself, but one whose financial autonomy the Constitution protects by, inter alia, making its expenditure financeable as a direct charge on the Consolidated Fund.

Dr. Luncheon is seeking the third-named defendant, Dr. Ashni Singh, to be at liberty to make advances/ withdrawals from the Contingencies Fund, pursuant to Article 220 of the Constitution, for the purpose of restoring the funds to the Agencies listed, as originally budgeted in the Estimates of the Revenues and Expenditure of Guyana for the year 2012.

He said that unless the “Orders sought herein are granted, the offices and entities affected would be unable to, or severely and irreversibly prevented from, discharging their 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 this nation in accordance with the provisions of and the manner contemplated by the Constitution”.

More so, Dr. Luncheon said that the balance of convenience, justice and national interest weighs heavily in favour of the grant of the Orders sought. He said that he was advised by the Attorney General and verily believes 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 jeopardizes the nation’s interest, is a likely consequence.

The matter is returnable tomorrow before Chief Justice Ian Chang.

 
 

Replies sorted oldest to newest

The PPP has NEVER known how government really works. They did their foolishness back in 1953 with the British and now they trying to do it again. And this time with the representatives of the ppl of Guyana who gave their representation in parliament with 33 seats.

 

I hope my countrymen get wise to those men of the PPP who has kept them in poverty for the last 62 years.

S

You should always keep in mind, the core of the PPP leadership were trained/educated in a system and ideology which functioned in where "rule by Decree" is the norm rather the exception.  It's unfortunate as they could achieve alot more if the apply the principle of true pluralism, participatory government and compromise.

 

Democracy seem to begin and end at the ballot box, and now even with the current situation, they seek to get their way by using any means except seeking engagement in a constructive manner.  I think Ramotar wants to change things, but BJ, RL and the rest of the hardline clan are arresting his efforts.

FM
Originally Posted by baseman:

You should always keep in mind, the core of the PPP leadership were trained/educated in a system and ideology which functioned in where "rule by Decree" is the norm rather the exception.  It's unfortunate as they could achieve alot more if the apply the principle of true pluralism, participatory government and compromise.

 

Democracy seem to begin and end at the ballot box, and now even with the current situation, they seek to get their way by using any means except seeking engagement in a constructive manner.  I think Ramotar wants to change things, but BJ, RL and the rest of the hardline clan are arresting his efforts.

Are you saying that by using their Democratic RIGHT to challenge the Opposition in Court is against all Democratic and Progressive principles?

Nehru

This is a very interesting development. The opposition has overridden the responsibility of the government.  There appears to be a coalation of the opposition parties which is a violation of the constitution. 

R
Originally Posted by Mitwah:

Government challenges budget cuts

 

What gravy train?   

 

June 6, 2012 | By | Filed Under News 
 

The government, through Cabinet Secretary Dr. Roger Luncheon, has moved to the High Court by way of an ex-parte motion, which seeks to state that the National Assembly has no power to cut the annual budget. It is seeking an order that the $20.9B in cuts be set aside.


Opposition Leader David Granger, Speaker of the National Assembly Raphael Trotman and Dr. Ashni Singh are commanded within ten days to appear before Chief Justice. Dr. Luncheon in his affidavit in support of the motion stated that 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.


He said 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.

According to Dr. Luncheon the two motions moved by Mr. Ramjattan and Mr. Greenidge, which sought to “reduce the Estimates of Revenues and Expenditure laid by the Honourable Minister of Finance, and the proposals of different sums instead, amounted not only to an arrogation of powers which the Constitution does not confer upon them, but was also a usurpation of a function which the Constitution exclusively resides in the Executive, thereby, abrogating the doctrine of separation of powers.”

Dr. Luncheon said 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.

He went on to note that indeed, and admittedly, the National Assembly has an additional financial responsibility to approve expenditure as provided for in Article 120, but the same relates and is confined to expenditure connected with future offices to be constituted by the President.


The Cabinet Secretary said that none of the offices and entities which formed the subject of these proceedings are new offices; they are all existing offices; indeed, the express confinement of the power of approval to future offices fortifies the contention that no power is vested in the National Assembly by the Constitution to affect funding to existing offices, save and except, a power of complete disapproval as contemplated by Article 218.


Therefore, all reductions of the Annual Estimates of Revenues and Expenditure purportedly affected by the Committee of Supply of the National Assembly were ultra vires the Constitution and the jurisdiction and authority of the National Assembly.


Perhaps, the most pellucid exemplification of unconstitutional nature and the unlawful magnitude of the National Assembly’s actions in respect of the reduction of the said Annual Estimates, is the Ethnic Relations Commission, a body which is not only established by the Constitution itself, but one whose financial autonomy the Constitution protects by, inter alia, making its expenditure financeable as a direct charge on the Consolidated Fund.

Dr. Luncheon is seeking the third-named defendant, Dr. Ashni Singh, to be at liberty to make advances/ withdrawals from the Contingencies Fund, pursuant to Article 220 of the Constitution, for the purpose of restoring the funds to the Agencies listed, as originally budgeted in the Estimates of the Revenues and Expenditure of Guyana for the year 2012.

He said that unless the “Orders sought herein are granted, the offices and entities affected would be unable to, or severely and irreversibly prevented from, discharging their 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 this nation in accordance with the provisions of and the manner contemplated by the Constitution”.

More so, Dr. Luncheon said that the balance of convenience, justice and national interest weighs heavily in favour of the grant of the Orders sought. He said that he was advised by the Attorney General and verily believes 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 jeopardizes the nation’s interest, is a likely consequence.

The matter is returnable tomorrow before Chief Justice Ian Chang.

 
 

 

R
Originally Posted by Nehru:
Originally Posted by baseman:

You should always keep in mind, the core of the PPP leadership were trained/educated in a system and ideology which functioned in where "rule by Decree" is the norm rather the exception.  It's unfortunate as they could achieve alot more if the apply the principle of true pluralism, participatory government and compromise.

 

Democracy seem to begin and end at the ballot box, and now even with the current situation, they seek to get their way by using any means except seeking engagement in a constructive manner.  I think Ramotar wants to change things, but BJ, RL and the rest of the hardline clan are arresting his efforts.

Are you saying that by using their Democratic RIGHT to challenge the Opposition in Court is against all Democratic and Progressive principles?

If you see it that way.  Just like Putin, used the courts to throw his opponents if jail.  It is the just use of the ligit courts to preserve power.  The PPP seem to have a "democratic" right to do any and every thing and also to not do as they please.  Democratic principles also have a certain "spirit" to it.  It is not about drawing the knot tighter and tighter.

FM

If court's decision on this matter goes in favor of the PPP the opposition would say that judiciary is biased towards the gov't. If it goes the other way, the gov't will claim that the judiciary is partial and pro-opposition. Can we expect a fair decision from the courts of Guyana??  I say No!! I've seen so many pro-PNC criminals charged with murder just walked free.

 

Billy Ram Balgobin
Originally Posted by Nehru:

Man you got to be crazy. The PPP is practising TRUE DEMOCRACY. They are not sending out the Troops to pick up people and take them for Helicopter rides.

That's not the only for on the use and excesses of power.  Now that being said, I don't say the PPP are acting outside of the law, let the court decide that.  However, the use of soft power, compromise and good faith measures (on all sides) could yield positive and much more long-lasting benefits.

 

In everyday life we all could take people to court or report to the police for every little infraction or technicality, but even the courts encourage bilateral settlements even in severe issues.  This is what I meant by "spirit".

FM

I  am  no  expert  but simple  commonsense would  inform  that this  application   by  the  Government does  not  stand  any  chance  of  success in  the courts.   Any Judicial intervention in  what  is  clearly a  parliamentary function, would  in my  humble  opinion,  be  an  impingement and  abrogation of what  is clearly parliamentary norms,  custom and  exclusive prerogative   in  any/  all  democracy. Again,  any Judicial  intervention,  would open  a  whole  new  can  of  worm and  place governance and  the  functionality  of Parliament  in  unchartered   territory.

FM

Baseman, What " SPIRIT" you are referring to? The Opposition use their power to CUT like a double side Gillette without regards to the Country, Citizens, Institutions and the very well being of the Country. These People are not Civilised as in the West where negotiations will be done in good FAITH. They promised the opposite just before the Budget was presented.

Nehru
Originally Posted by Mara:

I  am  no  expert  but simple  commonsense would  inform  that this  application   by  the  Government does  not  stand  any  chance  of  success in  the courts.   Any Judicial intervention in  what  is  clearly a  parliamentary function, would  in my  humble  opinion,  be  an  impingement and  abrogation of what  is clearly parliamentary norms,  custom and  exclusive prerogative   in  any/  all  democracy. Again,  any Judicial  intervention,  would open  a  whole  new  can  of  worm and  place governance and  the  functionality  of Parliament  in  unchartered   territory.

Have you ever thought, maybe they are engineering a crisis to call snap elections.  Dem PPP bais smart as hell.

FM
Originally Posted by baseman:
Originally Posted by Mara:

I  am  no  expert  but simple  commonsense would  inform  that this  application   by  the  Government does  not  stand  any  chance  of  success in  the courts.   Any Judicial intervention in  what  is  clearly a  parliamentary function, would  in my  humble  opinion,  be  an  impingement and  abrogation of what  is clearly parliamentary norms,  custom and  exclusive prerogative   in  any/  all  democracy. Again,  any Judicial  intervention,  would open  a  whole  new  can  of  worm and  place governance and  the  functionality  of Parliament  in  unchartered   territory.

Have you ever thought, maybe they are engineering a crisis to call snap elections.  Dem PPP bais smart as hell.

I  would most  certainly  not  put that  beyond them.  However with  all  the   recent incestuous  exposures and  acrid stench  still  permeating the  atmosphere  around  them ( NICIL, GUYSUCO ,  PNC  style  election campaign  etc ) I  seriously  doubt  that  Ramotar  is  inclined  to  call  snap Election.  We  can  expect   lots  of  hot  air,  smoke  screens   and  red herrings in  the  immediate  future. I  seriously  doubt  that  Ramotar has  the  kahuna  to do  what  ought  to  be  done to  clean  and  fumigate Freedom  House.  

FM

I don't think there will be a snap election. President Ramotar will do his best with the short change on the budget and serve out his term. When the real general election comes around them neemakarams will never sees the light of day again.

FM
Originally Posted by ABIDHA:

I don't think there will be a snap election. President Ramotar will do his best with the short change on the budget and serve out his term. When the real general election comes around them neemakarams will never sees the light of day again.


Bhai, Ah who ah Neemakaram????

Nehru

Neemakarams made up the evil root of AFC politics. Vultures made up the core of APNU undemocratic stance. Together, they become traitors to their country and people. They want to screw Ramotar and pin him to Jagdeo as of now until 2016. He will screw, and she will screw and screw up to one another until the whole country is screwed up. That's the result of a one seat majority.

FM
Originally Posted by ABIDHA:

Neemakarams made up the evil root of AFC politics. Vultures made up the core of APNU undemocratic stance. Together, they become traitors to their country and people. They want to screw Ramotar and pin him to Jagdeo as of now until 2016. He will screw, and she will screw and screw up to one another until the whole country is screwed up. That's the result of a one seat majority.

Dat is a Sundar Popo song Bhai and a damn good one I may add.

Nehru

In the middle of the night they'll find things right...screwin with one anotherrrrrr whoaai!!!!

 

 

On a serious note, the word Neemakarams is the perfect name for those morons in the PPP who think they can pull off any crooked scheme and when caught, cry foulplay by the opposition.

 

cain
Originally Posted by ABIDHA:

Neemakarams made up the evil root of AFC politics. Vultures made up the core of APNU undemocratic stance. Together, they become traitors to their country and people. They want to screw Ramotar and pin him to Jagdeo as of now until 2016. He will screw, and she will screw and screw up to one another until the whole country is screwed up. That's the result of a one seat majority.

The  real  neemakharams and betrayers are  those   who worshipped  at  the   feet of  Cheddi Jagan when he  was   alive and  as  soon  as  he  died,  they begin to  squander his  goodwill & legacy even  before  the  his  ashes  had  time to  settle. 

FM
Originally Posted by Mara:
Originally Posted by ABIDHA:

Neemakarams made up the evil root of AFC politics. Vultures made up the core of APNU undemocratic stance. Together, they become traitors to their country and people. They want to screw Ramotar and pin him to Jagdeo as of now until 2016. He will screw, and she will screw and screw up to one another until the whole country is screwed up. That's the result of a one seat majority.

The  real  neemakharams and betrayers are  those   who worshipped  at  the   feet of  Cheddi Jagan when he  was   alive and  as  soon  as  he  died,  they begin to  squander his  goodwill & legacy even  before  the  his  ashes  had  time to  settle. 

It is sad to see seemingly intelligent people like yourself still caught up in the Cheddi Jagan aura. The man was a communist who oversaw the seeds of corruption in the PPP until the reigns were passed over to his wife. He is no hero but rather another architect of destruction like Burnham. 

FM
Originally Posted by BGurd_See:
Originally Posted by Mara:
Originally Posted by ABIDHA:

Neemakarams made up the evil root of AFC politics. Vultures made up the core of APNU undemocratic stance. Together, they become traitors to their country and people. They want to screw Ramotar and pin him to Jagdeo as of now until 2016. He will screw, and she will screw and screw up to one another until the whole country is screwed up. That's the result of a one seat majority.

The  real  neemakharams and betrayers are  those   who worshipped  at  the   feet of  Cheddi Jagan when he  was   alive and  as  soon  as  he  died,  they begin to  squander his  goodwill & legacy even  before  the  his  ashes  had  time to  settle. 

It is sad to see seemingly intelligent people like yourself still caught up in the Cheddi Jagan aura. The man was a communist who oversaw the seeds of corruption in the PPP until the reigns were passed over to his wife. He is no hero but rather another architect of destruction like Burnham. 

Wutliss, sheer wutlissniss.

FM
Originally Posted by Nehru:

Billy, As they say, Easy lessons good fuh Dunce. Who fired formwe Finance Minister Asgar Alli??? Think before you talk is another good old time saying.

====

HE WAS FIRED BECAUSE JAGAN THOUGHT HE WAS GIVING FAVORS TO HIS FAMILY AT BANKS DIH...JAGAN THOUGHT THIS WAS A CAPITALIST COZYING UP WITH ANOTHER CAPITALIST.

FM

Trotman's statement about a constitutional crisis is revealing of his intentions to smother the PPP gov't even if it means violence. Read carefully between the lines. He is a clever Burnhamite who is out to destroy the PPP gov't which will result in APNU capturing the reigns of power. Moses and Ramjattan are too high on alcohol and on themselves to see the dire outcome that awaits the nation if the AFC continues to play this backstabbing game.

Billy Ram Balgobin
Originally Posted by Tar_K:
Originally Posted by Nehru:

Billy, As they say, Easy lessons good fuh Dunce. Who fired formwe Finance Minister Asgar Alli??? Think before you talk is another good old time saying.

====

HE WAS FIRED BECAUSE JAGAN THOUGHT HE WAS GIVING FAVORS TO HIS FAMILY AT BANKS DIH...JAGAN THOUGHT THIS WAS A CAPITALIST COZYING UP WITH ANOTHER CAPITALIST.

Really???  BRILLANT, BRILLANT INDEED PROFESSOR. HARVARD NEEDS PROFS LIKE YOU.!!!

Nehru

what must i do to wrestle control of the ppp. the party i helped to nuture in youthful days.

 

today, i know the organization really r the impoverished of guyana have betrayed by its entire leadership: starting with the jagans, the ramjattans and the nagamoottoos.

S

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