Court has no power to stop government spending – says AG Nandlall

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By Kurt Campbell

Attorney General, Anil Nandlall. [iNews' Photo]
Attorney General, Anil Nandlall. [iNews’ Photo]
[www.inewsguyana.com] – Arguments in the Court case brought against the government by the Opposition; seeking to stop “unauthorized” spending by the incumbent continued on Friday, January 09 in the High Court before Chief Justice Ian Chang.

Attorney General Anil Nandlall in responding to the application filed by the main opposition – A Partnership for National unity (APNU) – submitted that the Court has no power to stop government spending by granting a Conservatory Order which the Opposition has asked for.

In an application filed on the December 12, 2014 the APNU said it was seeking to stop unauthorized spending by the Government and spending on programmes that were disapproved by the Parliament.

But Nandlall explained on Friday that “the wide amplitude of remedies and powers which a Court would normally have in an action in which a citizen alleges the breach of his fundamental rights, that repertoire of remedies are not available in this type of proceeding.”

He told reporters that his arguments concentrated on the procedural deficiencies which afflict the proceedings that have been filed.  He submitted that a Conservatory Order cannot and should not be granted in proceedings commenced in the way this did.

“A Conservatory Order is a special type of order that the constitution allows to be granted only when there is an allegation that there is a violation of the fundamental right of the citizenry and in this action there is no allegation that anyone’s fundamental right has been contravened,” Nandlall added.

The Attorney General further submitted that Dr. Ashni Singh in his capacity as Minister of Finance was misnamed as a party in the proceedings; explaining that the State Liability Act clearly states that all proceedings against the State should be brought against the Attorney General.

The case continues next Wednesday where the AG is scheduled to address the institutional aspects, in terms of the statement of excesses and whether the Minister acted lawfully and constitutionally.  

Lawyer for the APNU, Basil Williams reminded that APNU’s contention is that despite the disapproval made by the parliamentary opposition to government’s proposed spending, the Minister of Finance still spent some $4.5 billion on the same programmes that were not approved.

This act the APNU has said, amounts to a breach of the doctrine of the separation of powers as it abridged the decisions of the Parliament and its independence.

Williams says the Opposition’s fear is that the Administration has continued spending and may have exhausted the total $37 billion which was disapproved.  

The Opposition is also fearful that with elections looming and in the absence of parliamentary scrutiny the government may abuse its spending power.

12 COMMENTS

  1. A country cannot developed if the developmental projects are voted down because of personal reasons. The PPP is the ruling party and the present a Budget. The opposition is to better and scrutinize the allocations in the budget. However guyana’s opposition don’t have an alternative to the budget, they don’t know what scrutinize means and their attempts to carry out their duty as opposition is filled with hatred. Those are the things that the public have seen coming from the opposition and in order to defend themselves from their inproficientcy the play the race card.

  2. If he is not fit how come he winning all the lawyers in the opposition. It is either the opposition lawyer too dunce for him or the cases against Nandlall have no solid ground.

  3. Gray I am not PNC nor PPP/C I am A person with a vision, seeing Guyana moving upwards. Have you ever heard the saying “Square pegs in round holes” A country cannot develop with greedy racial self imposing and less than average people leading. Sorry you fit into that bunch.

  4. From your language and my observation all you do is demonstrate that you are a first class ignorant person who need to read and know more before you speak. My suggestion is that you follow up a bit more in facts. So lets reason as mature people and if you are going to speak let it be of substance that can better where we are today. I am also surprise they allow you to post here.

  5. You asking for MAGIC ,,if you stupid U STUPID,,nothing and anything said these cockroaches will say its right,,the only way and only thing these ppl bent on nothing else but raping Guyana ,,gdhoyte nothing you or anybody say will make sense ,,the country will only progress when Guyanese wake up and forget INDIAN and NEGRO, we are all Guyanese vote for a government that will work for Guyanese, the sad thing is we have very little choice, Gray is a True CUP boy , he has to defend all the CRIMES and lawless acts of his PPP/criminals,,moon a run till day catch up,,

  6. 21 million in Batteries 75 million for 4 shit boats,that cost US$1200 the most, what how about the billions spent to clean up ,,Gray i hope some spend on you, a new brain, this cockroach is so full of shit its a shame to think of how stupid this ass is ,,

  7. stop with your ignorance..burnham and hoyte totally unfit period..but they still ruled didnt they.talking about corruption..how much of that 2.1 billion US dollas your pnc racked up did you get..

  8. if one dont look back you and pnc might slip in through the trap door again..dont want that king of ignorance again in guyana..get real..no one want to wear yall white yaaz mouths again..beriberi u keep it

  9. this guy Mr. Anil Nandlall is not fit for the position he holds, how in Heavens name do you expect him to say otherwise. they are all fishes of the same corrupt pond.

  10. Gray this is a new year wake up from you ignorance and stop looking back to find excuses to keep this country down and speak up on issues tat can take us froward,

  11. PNC trampled on citizens for 28 yrs…PNC trampling on parliament and court rulings…Instead of UK getting involved in asking PPP to resume parliament it must first take a look at the said PNC dictator it installed and brand PNC a terror organization…PNC dont want Guyanese to be free and prosperous people.

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