– as High Court case adjourned
THE High Court case brought by the Government against the Opposition regarding the cuts to the 2012 National Budget has been adjourned to July 3, 2012.  This gives the Opposition three weeks in which to prepare submissions on why the Interim Order applied for should not be granted to the Government.
The application was made in the Chambers of Chief Justice (ag) Ian Chang yesterday morning by Attorney General and Minister of Legal Affairs Anil Nandlall, who said that the Order would permit the Minister of Finance Dr. Ashni Singh to withdraw from the Contingencies Fund, the sums of money originally budgeted for.
Minister Nandlall pointed out that while the facts of the Budget are not in dispute, “it’s only the question of my interpretation of the Constitution.  The contention which I have advanced is whether they are accurate or inaccurate. That is the sole issue to be determined.”
The Attorney General, along with the Solicitor General and his Deputy represent the State. More lawyers are soon to be added to the team.
The argument presented in Chambers was based on the structure of the Guyana Constitution and the doctrine of the separation of powers of the Executive, the Legislature, and the Judiciary. Minister Nandlall put forward that each must have functional autonomy in the discharge of their respective functions and the wherewithal to do so. This would include the necessary finances to discharge those functions.
The Minister stated that the actions of the National Assembly have taken away that ability from the Executive, several other constitutional creations, and other important executive entities, bodies that were created by executive decisions.
The argument also included the contention that the National Assembly rejected the Finance Minister’s estimates, and presented and passed their own estimates. The AG strongly contends that the presentation of estimates to the Assembly is a function that resides exclusively with the Executive, which the Assembly has the power to scrutinise, approve or disapprove, but not the power to reduce.
Lawyers representing the Opposition include, Rex McKay, Robert Corbin, Joseph Harmon, Basil Williams, James Bond, Llewellyn John and Deborah Backer.
Mr. Ashton Chase is representing the Minister of Finance.