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Oral arguments in challenge to legality of NRF Act set for September
Kaieteur News – Oral arguments for the A Partnership for National Unity + Alliance For Change’s (APNU+AFC) challenge to the Natural Resource Fund (NRF) Act are slated to be heard on September 12, 2022.
Speaker of the National Assembly, Manzoor Nadir.
The challenge to the Act was brought to the court by Opposition Chief Whip, Christopher Jones and Union Representative, Norris Witter. The Speaker of the National Assembly, Manzoor Nadir among others was listed as respondents in the matter.
On Friday, the first hearing of the matter was held in the Demerara High Court before Justice Navindra Singh.
Justice Singh granted an application by Attorneys-at-law Kamal Ramkarran and Sase Gunraj, for an extension to allow for the Speaker to file an affidavit in his defence. By May 23, 2022, that affidavit should be filed after which, attorney-at-law Roysdale Forde, SC, who is representing Jones will file an affidavit in response by June 13, 2022.
Justice Singh also ordered that other submissions and replies by the applicants and respondents should be filed on July 6, July 27 and August 17, 2022, after which the lawyers will be given an opportunity to make a 30-minute oral presentation on September 12, 2022.
The lawsuit, which was drafted by the APNU+AFC Shadow Attorney General and Minister of Legal Affairs, Roysdale Forde, and attorney-at-law, Selwyn A. Pieters, highlights ‘deficiencies’ of the procedure undertaken to pass the NRF law.
The court case highlights the absence of the Speaker’s original Mace – the ceremonial instrument used in the process of passing legislations—during the passage of the NRF Bill.
Opposition Member and Chief Whip, Christopher Jones.
The Opposition is seeking several declaratory orders of the High Court that the conduct and/or proceedings of the National Assembly, during the passage of the NRF Bill on December 29, 2021 in the absence of the Mace, constitute a breach of the Constitution, Common Law, and the Standing Orders of the National Assembly.
Further, the Opposition is asking the Court to declare the holding and or continuation of proceedings of the National Assembly on December 29, 2021 with the use of a replacement mace without any approved motion to do so as ultra vires [beyond the powers] of the Constitution and the event null and void.
Moreover, the party is seeking a declaration that the Government failed to engage in any or sufficient consultation with the citizenry and stakeholders as required and mandated by the Constitution in the design of the NRF policy.
Additionally, the coalition wants a declaration that the decision of the Speaker to permit and allow the passage of the NRF Bill without affording or permitting any MP, inclusive of Jones, to participate in the debate on the Bill is ultra vires of the Constitution, democracy, and inclusive governance.
As a result, the party wants a series of orders declaring that for the reasons set out in its application, the Natural Resource Fund Act 2021 Act No. 19 of 2021 and the sub sequential orders and regulations made pursuant to it, is null and void and of no force and effect.
Consequently, the APNU+AFC wants an order declaring that all actions taken by anyone, including the Minister of Finance, upon the date the Act came into force, is null and void and of no force and effect.
Added to this, the party wants an order declaring that any constitution of any board under the Natural Resource Fund Act No.19 of 2021 is null and void and of no legal effect.
Further, the Opposition is asking the Court to grant any other order necessary to ensure that the NRF be replenished to the extent that any sums of monies in the said NRF that were disbursed and or taken out, pursuant to the passage of the NRF Act.
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