Caretaker Cabinet appoints several boards of directors … in “arrogant defiance of Constitution”

Sep 28, 2019 News

– says former Attorney General

The A Partnership for National Unity + Alliance for Change (APNU+AFC) Cabinet has appointed five boards of directors, a move that has been criticised as an overstepping of its Constitutional duty as a Caretaker Executive Government.

Opposition MP and former Attorney General, Anil Nandlall

Minister of State, Dawn Hastings-Williams

Former Attorney General and Opposition Member of Parliament, Anil Nandlall, who is currently seeking to prevent the Caretaker Cabinet from meeting via a civil procedure, has weighed in on the matter, describing it as “arrogant defiance” of the Constitution.
In an invited comment, Nandlall told Kaieteur News that the clear and unambiguous language of the Constitution, as it relates to the passing of the No Confidence Motion of December 21, 2018 informed the Government that it must restrict its activities.
That was made even more pellucid by a Consequential Order of the Caribbean Court of Justice (CCJ) handed down after its ruling on the No Confidence Motion.
He noted a statement by Chief Justice Roxane George-Wiltshire in her ruling on the No Confidence Motion, which read “I therefore find that Cabinet is not required to resign with all convenient speed, as the resignation under article 106(6) takes immediate effect following the defeat of the Government on a vote of confidence by a majority of all the elected members of the National Assembly.”
However, the Chief Justice went on to state definitively that “In this case, Cabinet must be taken to have resigned with effect from the evening of December 21 2018, and all functions or duties in any law to be performed specifically by Cabinet must be ceased from that time.”
Nandlall said that there should be no meeting of Cabinet, let alone, the execution of duties that were interpreted to be restricted by the Chief Justice.
The Attorney-at-Law further states “Consequently, all purported meetings of Cabinet and all purported decisions of Cabinet are unconstitutional, illegal, unlawful, null, void and of no effect.”
Board Appointments
The notices of the appointments were published in a September 28, 2019 edition of The Official Gazette. They were all affixed with the signature Minister of State, Dawn Hastings-Williams.
In the Public Health Sector, two boards were appointed. The Allied Health Professions Council was appointed to serve a period of two years, with effect from August 1, 2019 to July 31, 2021. The Central Board of Health was appointed to serve a period of two years, with effect from October 1, 2019 to September 31, 2021.
In the Education Sector, three boards were appointed. The National Accreditation Council was appointed to serve a period of two years, with effect September 1, 2019 to August 31, 2021.
The Board of Directors of the National Library was appointed to serve a period of two years, with effect from September 1, 2019 to August 31, 2021. The Council for Technical and Vocational Education and Training was appointed to serve a period of two years, with effect September 1, 2019 to August 31, 2021.

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