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AG’s continuous run to the courts is habitual

Dec 19, 2012 Letters

Dear Editor,
Like most Guyanese I have lost count of the number of times that the Attorney General has taken court action against the Speaker of the National Assembly, the Opposition leader Brigadier David Granger, and actions by the Majority in the 10th Parliament of Guyana.
This proliferate court action by the Attorney General should not be taken lightly, because there are some frightening consequences that can develop if this course of action becomes habitual, or goes unchecked.
A close perusal by anyone of the actions brought by this Attorney General recently, will see a pattern of the government in the form of the Executive Branch (in the person of Mr. Nandlall), seeking to influence action taken by the National Assembly, by going to the Courts (the Judicial Branch).
Our Constitution is very clear in the way it spells out the powers bestowed in each branch of government. Therefore it was not surprising that in the first preliminary ruling by Chief Justice (Ag) Ian Chang the court stated that it could not intervene in the internal affairs of the National Assembly, unless there was a breach of the constitution. Still action after action, the Attorney General persists in running to the Judiciary with matters that are of the same genre.
I am not an Attorney, neither do I have any legal training, but I have decades of life experiences.  All of these matters that have been brought to the courts by Mr. Nandlall have been heard exclusively by the Chief Justice Mr. Ian Chang.  I would like to humbly suggest to the Honourable Chief justice that he excuse himself from any further deliberations and farm these cases out to other Judges.
I say this because the mere weight of matters coming before this Chief Justice, from this Attorney General, may present a temptation for things to be balanced in favour of the Attorney General. This is by no means an affront to the character of the Honourable Chief Justice, but let us be honest with ourselves, Ian Chang is only human, and Judges have been known to “give” one to a Complainant whom they have frequently ruled against.
Here-in lies the clear and present danger to the constitution of the Cooperative Republic of Guyana; where the abuse of the courts leads to a miscarriage of justice or one branch of government over-reaching its authority.
One cannot be presumptuous to tell the Attorney General what action to file and what not to file. But our constitution gives certain supreme powers to the Legislative branch that is sacred. What is at risk here if this practice is allowed to continue unabated, is a direct attack on the sovereignty of one branch of government by another.
The Attorney General cannot have it both ways. I have heard him in Parliament expounding on the constitution as the law of the land. Yet he chooses to forget that the same constitution when he and his party are displeased with the actions taken by the parliamentary majority in the National Assembly.
The PPP must realize that it is a minority government, that the opposition speaks for the majority of the electorate and that power always belongs to the people.
As we approach a new year, one would hope that good sense will prevail and the Executive Branch will come to realize that more can be achieved through negotiation and consultation, rather than confrontation and frivolous court actions.
Mark Archer

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