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AG argues High Court cannot grant interim injunctions against implementation of Govt’s COVID-19 vaccine mandate

Sep 11, 2021 News

Kaieteur News – Attorney General (AG), Anil Nandlall, S.C. on Wednesday argued that the law prevents the High Court from granting interim injunctions against the implementation of government’s COVID-19 vaccination requirements.
The AG was at the time making oral submissions in the case filed by the Guyana Teachers’ Union (GTU), Guyana Public Service Union (GPSU) and the Guyana Trades Union Congress (GTUC) against the recently gazetted mandatory vaccine required for public servant workers.
The “no vaccine, no entry” requirement has resulted in unvaccinated workers, who fail to provide a weekly negative PCR test, being denied entry into their place of work.
The unions are therefore asking the High Court to declare that the COVID-19 health emergency guideline that was originally implemented by former President, David Granger, and the Presidential declaration of current President, Irfaan Ali, to be deemed ultra vires and in breach of constitutional rights of the workers.
The Unions claimed that Granger exceeded his authority when he issued the first COVID-19 emergency measure back in March 2020 under the public health ordinance and that Ali did the same thing when he enhanced the order by issued guidelines for mandatory vaccination.
The Unions are contending 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 Unions submitted that the Presidential declaration amounts to an unconstitutional delegation of the President’s powers and infringes on the Constitution. They have therefore called for the measures to be quashed. In the interim, they are asking the court to grant injunctions preventing the State from implementing the vaccination requirements and ordering the government to stand the cost for regular COVID-19 testing for all public servants.
However, the AG argued that the reliefs being sought in the application cannot be granted against the State.
As it relates to the laws and facts of the case, Nandlall said that the court ought not to grant the interim declaration being sought by the applicants against the March 16, 2020, directions of the president’s implementation of the COVID-19 protocols and guidelines.

He cited Section 16 (6) of the State Liability and Proceedings Act.
Among other things, the AG said that according to Section 16 of the said act “the court shall not in any civil proceedings grant any injunction or make any order against an officer of the State if the effect of granting the injunction or making the order would be to give any relief against the State which would not have been obtained in proceedings against the State.”
However, in response, the unions’ attorney Dane Elliott-Hamilton rejected the AG’s arguments and said that the court has the power to grant injunctions against the State.
Nandlall was given time to file written submissions with the court and the applicants’ attorney was given time to reply. The case was adjourned until September 17.

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