Court has no authority to proceed on motion challenging Technocrat Ministers – AG

0
Anil Nandall (left) and Attorney General, Basil Williams. [iNews' Photo]

Anil Nandall (left) and Attorney General, Basil Williams. [iNews' Photo]
Anil Nandlall (left) and Attorney General, Basil Williams. [iNews’ Photo]
[www.inewsguyana.com] – Minister of Legal Affairs and Attorney General, Basil Williams has noted that the High Court lacks the necessary jurisdiction to proceed on a motion filed by former Attorney General, Anil Nandlall, which challenges the Technocratic Status of two government ministers.

The motion, which was filed early July in the High Court by People’s Progressive Party Civic (PPPC) candidate Desmond Morian, challenges the parliamentary status of the Minister within the Ministry of Communities, Keith Scott and Minister of Citizenship, Winston Felix and asserts that they do not fit the criteria of becoming parliamentarians.

According to GINA, Minister Williams explained to the Court that, 163 (1) (a) of the Guyana Constitution clearly establishes that for the High Court to hear such a proceeding it must be brought before the Court by way of an election petition rather than a motion.

This, he argued, coincides with the provisions of Section 3 of the National Assembly’s Validity of Elections Act Cap 1:04, which states, “For such questions to be determined it must be referred to the statutory body.”

According to the AG, “He [Nandlall] did not follow procedures as the law dictates such an inquiry should come via election petition, filed within twenty-eight days.”

During the proceedings, the Attorney General cited a number of authorities which supported his position all of which saw the Court stating that the correct procedure to be followed in questioning such validity of members of parliament to be that of an election petition and not a motion.

Meanwhile, the PPPC’s Attorney, Nandlall agreed with Minister Williams’ arguments but asserted that their appointment to sit in the National Assembly as technocratic ministers is wrong.

The matter was adjourned to August 11 at 13:00 where Nandlall will continue preliminary arguments.

LEAVE A REPLY

This site uses Akismet to reduce spam. Learn how your comment data is processed.