Fixed date hearing set for tomorrow in vaccination policy matter

Sep 07, 2021 News

Kaieteur News – Tomorrow the matter involving the first Vice Chairman of the Guyana Public Service Union (GPSU), and Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, will come up for a fixed date hearing in the Demerara High Court.

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

Last week, the GPSU and two other unions – the Guyana Trades Union Congress (GTUC) and the Guyana Teachers Union (GTU) – joined forces to take the government to court over the vaccination policy.
According to the court document that was filed in the High Court by attorney-at-law Darren Wade, the unions are seeking several orders, declaration and injunctions. The AG was listed as the only respondent in the matter.
According to information received, the matter will come up for hearing tomorrow (September 8, 2021) at 11:00hrs before Justice Fidela Corbin-Lincoln. It was reported that the court action was filed as a result of the new COVID-19 policy, “no vaccine, no entry, ” which resulted in unvaccinated workers, who fail to provide a weekly negative PCR test, being denied entry into their places of work.
Firstly, the unions are asking the Court to declare that the health emergency that was declared by President David Granger exceeded his authority when he issued the first COVID-19 emergency measure back in March 2020. Following the Presidential declaration by the former President, President Irfaan Ali, after being sworn in, in August of last year, not only continued the said declaration but enhanced it.
However, it is being contended in the court document that the President, along with his Minister of Health, did not contact/consult with the Central Board of Health for advice and recommendations as is required by the Constitution. As such, the document stated that the Presidential declaration amounts to an unconstitutional delegation of the President’s powers and infringes on the Constitution.

Attorney-at-law, Darren Wade.

It is also being contended that there was an improper delegation of powers. The lawyer wants the Court to declare that the emergency measures issued are invalid, and the Gazetted orders quashed since it is believed that they were unconstitutional in the first place.
Moreover, the court is being asked to grant an interim injunction prohibiting the State of Guyana, its agents and authorised entities from implementing Section 17 of the Covid-19 Emergency Measures until the determination of the application to the Court. Section 17 of the Emergency Measures outlines the requirement that a person must be vaccinated against COVID-19 to be allowed access to a government ministry or agency, or they should make an appointment.
Also, the unions want the Court to grant an order prohibiting the implementation of the vaccination requirement, and are further asking the court to order that the state bears the cost of the COVID-19 testing regimen for employees of the state who are required to take the COVID-19 tests as a condition of their employment.

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