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No confidence High Court case postponed

Nov 29, 2012 News

Lawyers for Attorney General, Anil Nandlall, yesterday asked for an adjournment in the no confidence High Court case. As the matter was called before Chief Justice (ag) Ian Chang, Attorney at law Eusi Anderson, informed the court that Nandlall was out of the Jurisdiction.
According to Anderson, the Attorney General was somewhere in South America and would return by Monday. There was no objection by either of the opposition sides. Present yesterday from the opposition were Attorneys at law, Basil Williams, James Bond and Khemraj Ramjattan. The matter was later adjourned to Wednesday.
Attorney General (AG) and Legal Affairs Minister Anil Nandlall  moved to the High Court seeking to have Speaker of the National Assembly, Raphael Trotman’s ruling prohibiting Home Affairs Minister Clement Rohee from speaking in the Parliament and referring him to the Committee of Privileges, declared “unlawful, unconstitutional, and without jurisdiction”.
According to court documents, the Speaker, who is the second named respondent of the motion, has no power whatsoever under the standing orders, the laws of Guyana, or the Constitution to impose a prohibition on a member of the National Assembly from speaking or performing the functions which devolve upon that member, either as a member or as a Minister thereof.
According to Nandlall’s motion, the Speaker’s ruling is without any legal or factual base and therefore the privileges committee has no jurisdiction to deal with or determine any issue remitted to it.
The AG is also moving to have an order setting aside, vacating, quashing or rescinding the decision and or ruling of the Speaker as well as any decision arising from the privileges committee since the referral is without any legal base.
The joint opposition (the A Partnership for National Unity (APNU) and the Alliance For Change (AFC)) filed a no-confidence motion against Minister Rohee, and used their one-seat majority to pass it. They subsequently brought to the House another motion to prevent the Minister from speaking.
Their intention, which was disclosed at a public meeting on August 24 at Stabroek Market Square, is to suspend the Minister for a period of six months, if their no-confidence motion was not adhered to.

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