Minister Walrond was US Citizen at the time of swearing in - Court hears

Minister Walrond was US Citizen at the time of swearing in – Court hears

Dec 11, 2020 News

– AG says error was corrected

Minister Oneidge Walrond

Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall.

Kaieteur News – Chief Justice (Ag) Roxane George-Wiltshire yesterday handed down a decision that Minister of Tourism Industry and Commerce, Oneidge Walrond is not a lawful member of the National Assembly, given that she was a US citizen at the time she was sworn in by President Irfaan Ali.
The ruling comes after Attorney General (AG) and Minister of Legal Affairs Anil Nandlall admitted to the Court that Walrond’s appointment as a Technocrat Minister was made before she relinquished her United States citizenship.
The AG said that necessary steps have since been taken to rectify the situation after the government realised that it erred in appointing Walrond back in August 2020.
As such, he said that Minister Walrond will sit in the National Assembly as an unelected member, when it convenes.
The decision was based on a case brought by APNU+AFC Chief Whip and Opposition Member of Parliament (MP), Christopher Jones, who filed the action after it was discovered that US records revealed that Walrond was still a citizen of the USA when she was sworn in as the Minister and Member of Parliament.
In the matter, Attorney General Nandlall SC, Debora Kumar, Deputy Solicitor General and Chevy Devonish, State Counsel, appeared on behalf of the state while attorney, Roysdale Forde, appeared for the applicant.
In a statement after the court decision, the AG explained that the government had erred but took steps to immediately correct their misstep.
Nandlall noted since then Walrond had resigned the post as Minister of Tourism, Industry and Commerce, and was properly appointed by President Irfaan Ali for a second time on December 1, 2020.
He said that the acceptance to the Court is in conformity with the government’s commitment to respect and uphold the Constitution of Guyana and the rule of law, and to avoid unnecessary wastage of judicial time, resources and public funds.
“At the hearing, these facts were disclosed to the Court by the Attorney General, who emphasized that unlike in the recent past, this Government took expeditious remedial action in correcting an error of law that was made as soon was reasonably practicable without the need for protracted, time consuming and unnecessary litigation,” Nandlall added in the statement.
The AG further informed the Court that the legality of all actions and or decisions of Minister Walrond prior to the 1st day of December 2020 would be saved and cured by the de facto doctrine and the doctrine of necessity – a proposition with which the Court concurred.
According to Nandlall, the government’s position in the case was also informed by the fact that Minister Walrond’s undivided attention and energy are required in the discharge of her ministerial responsibilities as part of their agenda of improving the lives of the citizenry and working towards creating a better Guyana for all.
He stressed that to keep the case languishing in the Court would result in an unnecessary cloud and burden over Minister Walrond.
As such, the AG said that the Minister will be sworn at the next sitting of the National Assembly, as an unelected member thereof.
The issue of dual citizenship surfaced after the December 2018 no-confidence vote which toppled the Coalition government and saw the resignation of several ministers then who were dual citizenship with the US and other countries.

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