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Ram petitions court to block govt. contracts over $15M
Attorney at Law and Chartered Accountant, Christopher Ram has secured the services of former Attorney General, Anil Nandlall, to seek to block the APNU+AFC government from issuing contracts beyond $15M.
Also, Ram is seeking to prevent payments for contracts issued after the passage of the Bharrat Jagdeo-sponsored no-confidence motion.
Attorney at Law, Christopher Ram
Through an urgent fixed date application made with notice, Ram is seeking several High Court declarations.
He wants the court to declare that with effect from the evening of December 21, 2018 when the motion was passed, all functions or duties provided in any law to be performed specifically by Cabinet have ceased from that time by virtue of Article 106 (6) of the Constitution.
He also wants the court to declare that all Government procurements (contracts) in excess of $15M require Cabinet’s review and approval pursuant to Section 54(1) of the Procurement Act, Cap. 73:05 and that any contract in excess of $15M approved by a “purported Cabinet” after the evening of December 21, 2018, is unconstitutional, unlawful, null, void and is of no legal effect;
Ram’s lawyer, Anil Nandlall
Further, Ram is seeking an order restraining Permanent Secretaries within all ministries from making any payment towards any contract in excess of $15M approved by a purported Cabinet after the evening of December 21, 2018;
The grounds of the application are, among other things, that section 54 (1) of the Procurement Act stipulates that “the Cabinet shall have the right to review all procurements the value of which exceeds fifteen million Guyana dollars…” and that Cabinet has the right to review and approve all procurements (contracts) in excess of $15M in accordance with section 54 (1) of the Procurement Act.
Ram and his lawyers are also citing that Article 106 (6) of the Constitution of the Co-operative Republic of Guyana provides that: “The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.”
Attorney General, Basil Williams
Ram and his lawyer noted the “ruling of the Speaker of the National Assembly, that the motion of no confidence debated in the National Assembly on 21st December, 2018, was carried by a vote of a majority of all the elected members of the National Assembly is lawful and valid, and that the motion of no confidence upon a division vote of 33:32 Members of the National Assembly was validly passed as the requisite majority pursuant to Article 106 (6) of the Constitution of the Co-operative Republic of Guyana was obtained.”
The writ further stated that by virtue of the above paragraph the President and the Ministers who constitute the Cabinet were compelled to resign their functions in Cabinet, but retain their office until elections are held and that that all procurements (contract) in excess of fifteen million Guyana dollars (G$15,000,000) cannot be approved by a purported Cabinet after the evening of 21st December, 2018, until elections are held and a new Cabinet appointed.”
Attorney General, Basil Williams and the Permanent Secretary of the Ministry of the Presidency were named as respondents.
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