In light of yesterday’s ruling by outgoing acting Chief Justice (CJ) Ian Chang that Citizenship Minister Winston Felix and Junior Social Protection Minister Keith Scott should not be sitting in the National Assembly as Technocrat Ministers, there has been much uproar from the Government’s side.
However, former Attorney General and lawyer Anil Nandlall, has stated that the APNU+AFC Administration had been ‘ill-advised’ in its decision to appoint both Felix and Scott as Technocrat members.
He explained that a Technocrat Minister must come from outside of the elected party’s list of candidates.
Nandlall who is representing the applicant Desmond Morian stated that this was his client’s contention from the inception of the matter.
In justifying his ruling yesterday afternoon, the acting CJ had ruled that neither Felix nor Scott can sit in the National Assembly as Technocrat Members since they are on the APNU/AFC List of Candidates as Elected Members.
According to him in his 15-page decision, the Members on a successful list of candidates, if appointed as Members of the National Assembly, are entitled to all the rights of a parliamentarian in order to represent the electorate who would have voted for them.
However, he explained that as Technocrat Members, Felix and Scott do not have ‘voting rights.’ Therefore the duo cannot fully represent their electorates, therefore making their presence in the national assembly unconstitutional.