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The expressed intention of the joint opposition to cut the 2013 National Budget has been described as inexplicable and illogical, both legally and politically by Minister of Legal Affairs and Attorney General, Anil Nandlall. “Legally, it is already firmly established in the 2012 Budget cut case that the opposition has no power in law, and under the constitution to reduce the budget estimates presented by the Finance Minister. That decision of the Chief Justice remains binding unless, and, until it is set aside,” the AG stated.
He noted that no challenge whatsoever has been made to that ruling.
“The argument that it is a provisional ruling, and that it is not binding is simply absurd. Any court ruling remains binding until it is set aside,” he reiterated. The fact that it is provisional or preliminary simply makes no difference.
“In fact every injunction or interlocutory order or ruling made by a court is preliminary, binding and enforceable, even laymen understand this; that some lawyers do not is indeed shocking,” he stated.
The opposition’s position therefore, on this issue is one that is undemocratic, unconstitutional and unlawful, he asserted.
“It is dangerous when the premier lawmaking institution of the land is publicly expressing its intention to violate the constitution and the law of the land. What message is it sending to citizens?” the AG asked.
No institution or person must ever be seen or think they are above the law, as, “ye may be high, but ye is never higher than the law,” he reminded.
Speaking on the political aspect of the opposition’s proposed move, the AG stated that an opposition cutting of a budget presented by the Executive is indeed unprecedented. In this regard, the opposition stands out universally.
“An opposition would normally canvass and agitate for increased expenditure for the benefit and welfare of its constituency and the larger society. In Guyana, the opposite prevails where the opposition is cutting Executive expenditures designed to advance and improve the lives of the people.”
These expenditures are intended to improve the social sectors of education, health housing and water; improve infrastructure like building and repairing of roads and bridges; creating jobs and alleviating poverty- all intended to benefit the people. This opposition is seeking to deny these benefits from the people, including their own supporters, he said.
“This position is not only illogical, but it is bizarre and detrimental to the people’s interest,” he emphasised.
All of this seems to be pursued in order to advance an egotistical, vindictive agenda, over and above the welfare of the Guyanese people especially, the working class, poor and vulnerable in our country, because at the end of the day these are the persons whom the budget targets emphatically,” he concluded.
He noted that no challenge whatsoever has been made to that ruling.
“The argument that it is a provisional ruling, and that it is not binding is simply absurd. Any court ruling remains binding until it is set aside,” he reiterated. The fact that it is provisional or preliminary simply makes no difference.
“In fact every injunction or interlocutory order or ruling made by a court is preliminary, binding and enforceable, even laymen understand this; that some lawyers do not is indeed shocking,” he stated.
The opposition’s position therefore, on this issue is one that is undemocratic, unconstitutional and unlawful, he asserted.
“It is dangerous when the premier lawmaking institution of the land is publicly expressing its intention to violate the constitution and the law of the land. What message is it sending to citizens?” the AG asked.
No institution or person must ever be seen or think they are above the law, as, “ye may be high, but ye is never higher than the law,” he reminded.
Speaking on the political aspect of the opposition’s proposed move, the AG stated that an opposition cutting of a budget presented by the Executive is indeed unprecedented. In this regard, the opposition stands out universally.
“An opposition would normally canvass and agitate for increased expenditure for the benefit and welfare of its constituency and the larger society. In Guyana, the opposite prevails where the opposition is cutting Executive expenditures designed to advance and improve the lives of the people.”
These expenditures are intended to improve the social sectors of education, health housing and water; improve infrastructure like building and repairing of roads and bridges; creating jobs and alleviating poverty- all intended to benefit the people. This opposition is seeking to deny these benefits from the people, including their own supporters, he said.
“This position is not only illogical, but it is bizarre and detrimental to the people’s interest,” he emphasised.
All of this seems to be pursued in order to advance an egotistical, vindictive agenda, over and above the welfare of the Guyanese people especially, the working class, poor and vulnerable in our country, because at the end of the day these are the persons whom the budget targets emphatically,” he concluded.
