MEMBER of the Institute of Chartered Accountants of Guyana(ICAG) Clement De Nobrega has had his Nisi Order of Mandamus calling on (ICAG) to show cause why he was not issued a Practice Certificate as applied for,discharged.When the matter was called up recently, the Acting Chief Justice, Mr.Ian Chang, S. C. discharged the Order or Rule Nisi of Mandamus made on the 8th December, 2014.

According to the Chief Justice, the court has noted that the application is not for Writs of Certiorari or Prohibition but is rather for a Writ of Mandamus. The court has further taken judicial notice of section 11 (4) which provides:
“The decision of the Council on any matter arising under this section shall be final and conclusive……”
The court is of the view that the decision of the council on questions of fact is final and conclusive, but that the decision of the council on any question of law cannot be final or conclusive.
Judicial review lies against alleged errors of law not of fact. Since the facts do not point unerringly or compellingly to a finding of fact that the applicant had served continuously in the office of Mr. Hinds for at least two (2) years, the court cannot substitute itself for the Council and order the issue of a Writ of Mandamus. It must be noted that paragraph 17 of his Affidavit in Answer, Ronald Alli deposed that the Institute is in fact:
“actively considering that application as an
ongoing process……”
In the circumstances, while the court might have been inclined to quash by Certiorari had there been a positive finding of a negative fact, the court cannot issue a Writ of Mandamus in substitution of itself for the Council.
The Order or Rule nisi of Mandamus made on the 8th December, 2014, must accordingly be discharged. The court so orders. There will be no order as to costs.