— despite court challenge
GOVERNMENT’S continuing to engage in the work of the National Assembly and the different committees has been lauded by sections of society. The expectation was that the government would have withdrawn its participation from the various committees, since the matter is presently in court.
During a media conference two Fridays ago, House Speaker Raphael Trotman was quoted as saying that “Government parliamentarians are attending meetings of various committees, although a High Court ruling in favour of the opposition is now before the Court of Appeal.”
Government had filed an appeal against the recent decision of acting Chief Justice Ian Chang on the composition of the Committee of Selection in Parliament. The aim is to have the High Court decision reversed, and costs paid by the respondents, David Granger and Raphael Trotman.
The administration’s contention is that the Chief Justice erred in law, and is in violation of the Constitution of Guyana, when he handed down his ruling on the matter. Justice Chang had ruled that the court had no power to intervene in the internal affairs of the National Assembly. That decision did not rest well with the government.
Attorney General and Legal Affairs Minister Anil Nandlall, who represented the state, argued in the appeal that the Chief Justice erred in law when he treated the proportional representation in the National Assembly as a domestic or internal matter; that he did not consider the principle of proportionality prescribed for “our national elections and embodied in Articles 60 and 160 of our Constitution, and (that) the Elections Laws (Amendment) Act Number 15 of 2000 was applicable to the pivotal committee – the Committee of Selection — and other relevant committees.
The appeal, filed on June 6, 2012, added that Chang, when dealing with the power of the National Assembly to regulate its own procedure, “failed to give due weight and effect to the subjection of this power to the provisions of the Constitution, which include the basis of representation therein; and erred in law insofar as he considered that the Standing Orders of the National Assembly were not subject to our Constitution; and he totally overlooked and did not deal with the submissions made to him that the Standing Orders were recognised by our law and had to be construed with modifications and qualifications to bring them in conformity with the Constitution touching, inter alia, proportionality.”
Nandlall explained that “the decision of the learned trial judge was erroneous in point of law”.
In addition, he is requesting that the decision of the court be set aside and reversed, and judgment be entered for the appellant in terms of the declaration sought in his notice of motion of March 2012, and in terms of the orders set out therein; and that the costs awarded to the respondents be quashed, but that they do pay the costs of the appeal.
Last month, the Donald Ramotar administration moved to the courts to contest a National Assembly, February decision, made on the composition of the committee.
The opposition parliamentary parties had taken control of the Committee of Selection, which is responsible for deciding the composition of all other committees in the Parliament, with five seats (A Partnership for National Unity (APNU) – four and the Alliance For Change (AFC) – one) and government  – four seats.
The combined opposition had used its majority in Parliament to so constitute the committee, as opposed to the governing party’s proposed 10-seat committee (five PPP members, four APNU members and one AFC member). The motion was filed against Opposition Leader David Granger and Speaker of the National Assembly, Raphael Trotman, challenging the composition of the said committee.
Government contends that the opposition is in violation of the principle of proportionality of parties and their seating in Parliament and committees of parliament. The motion sought orders in the matter of Articles 8, 60, 119A, 119B, and 160 of the Constitution of Guyana, the Standing Orders of the National Assembly of Guyana, and the Manual of the Rules, Procedures, and Operations of Committees of the Parliament of Guyana.