Legal challenge over Technocrat status of Govt. Ministers

Sep 24, 2015 News

– CJ to commence hearing substantive case

Chief Justice (Ag) Ian Chang has decided to proceed with substantive hearing of the constitutional challenge, which seeks to bar two members of the Government from sitting in the National Assembly as Technocrat Ministers.
The matter was filed by PPP member Desmond Morian. Morian questioned the appointment of APNU+AFC members Winston Felix and Keith Scott to Parliament as Technocrat Ministers, since according to him, their names were not extracted from the coalition’s list of candidates. He argued that they did not fit the criteria for the positions.
The applicant is being represented by Attorney at Law, Anil Nandlall. Attorney General, (AG) Basil Williams and the Speaker of the National Assembly, Dr. Barton Scotland, are named as respondents. The matter continued before the Chief Justice, yesterday.
On a previous occasion, the AG had essentially argued that although the Court has exclusive rights to deal with the matter, it was incorrectly placed before the Court.
He explained that instead of a motion, the issue should have been presented by way of an election petition.
It is the AG’s position that the court has no jurisdiction to deal with the issue, as such. He held that at this stage of the hearing, the issue of jurisdiction should first be dealt with by the Court before moving to the substantive proceedings. Justice Chang has noted that since the preliminary arguments touch and concern matters in substantive case, he will, out of an abundance of caution, proceed with hearing the case in its entirety .
Taking all the preliminary points into consideration, the Chief Justice said he will rule at the end of the substantive hearing. The matter is set to continue before the Chief Justice on October 14 at 13:30 hours.
According to the motion, Morian is seeking a declaration that Felix and Scott are not lawful members of the National Assembly and an order that they be prevented from sitting in the Assembly unless their names are extracted from the coalition’s list.
His applicant cited articles 60, 103, 105, 160 and 232 of the Constitution of the Cooperative Republic of Guyana, Chapter 1:01.
The PPP had strongly objected to the appointment of Scott and Felix as Technocrat, (expert or skilled in their field) Members of the National Assembly.
The party via a statement had contended that “Articles 103 (3) and 105 of the Constitution and laws pronouncing on the eligibility of appointment of Technocratic Ministers, do not confer Technocratic status on these persons already sworn in by President David Granger as Ministers”.
The Party added that Felix and Scott are listed on the APNU+AFC National Top Up list of Candidates at numbers 24 and 46 respectively.
“These views of the PPP have been shared with the Parliament Office. The PPP is urging that the Constitution and relevant laws be respected and calls on the Clerk of the National Assembly not to administer the Oath as Member of Parliament to these persons,” the party had urged.
In his defence, the Clerk of the National Assembly Sherlock Isaacs had insisted that the appointments were perfectly legal.
Isaacs told the media that a closer examination of the said Articles, 103 (3) and 105 of the Constitution would reveal that they do not adequately define a non-elected Member.

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Legal challenge over Technocrat status of Govt. Ministers

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