THE High Court yesterday ruled that it will hear Brigadier (rt’d) David Granger’s application for a Conservatory Order to stay further Government spending, and January 7 was named as the date for the hearing.

The legal challenge advanced by the main Opposition Leader on December 11, calls for a Conservatory Order to stay all spending or any further spending by Finance Minister, Dr. Ashni Singh, or any other Government minister, on programmes disapproved or not authorised by the National Assembly until the hearing and determination of the matter.
Attorney General and Minister of Legal Affairs, Anil Nandlall, in an invited comment, said, “In my submission, I maintained that at this stage of the proceedings, only the application of the Conservatory Order is properly before the Court, and therefore the Court should hear and determine that application first.”
The Opposition Leader is calling, too, for the courts to pronounce on the constitutionality of the combined Opposition’s disapproval of sums in the 2014 Budget, as well as a declaration on the restoration of those monies by the Finance Minister.
Budget 2014 saw the slashing of $37.5B from the allocations of $220B by A Partnership for National Unity (APNU) and the Alliance For Change (AFC).
The Finance Minister, prior to the restoration of the sums cut from the Budget, noted that the Government would rely on the final ruling of Acting Chief Justice Ian Chang, made in January this year, regarding budget cuts, and subsequently restored the sums slashed, via a financial paper valued $4.6B.
As it relates to the second call, Nandlall told the Chronicle that a determination of whether the matter will be heard is still to be made.
REPORT ON AFFIDAVITS
The Attorney General, on December 15, appeared before the Chief Justice, along with attorneys-at-law, Adrian Smith and Sasha Mahadeo, given that he was listed as a defendant in the matter.
The Speaker of the National Assembly, Raphael Trotman, and the Finance Minister were also listed as defendants in the matter. Nandlall appeared before the Chief Justice along with Senior Counsel, Ashton Chase, on behalf of the Minister of Finance.
Alliance For Change (AFC) leader and attorney-at-law, Khemraj Ramjattan, appeared on behalf of Trotman yesterday.
Meanwhile, Granger’s application is being defended by Senior Counsel, Rex McKay and attorneys-at-law, Basil Williams, Hewley Griffith, Lawrence Harris, Michael Somersaul, Joseph Harmon, James Bond, Lewellyn John and Bettina Glasford.
The Acting Chief Justice on December 15 granted leave of seven days to Nandlall to file an affidavit in response and this was done on December 23.
He also granted leave to one member of Granger’s legal team, Basil Williams, to subsequently respond to Nandlall within five days, if the need arises. Williams filed his affidavit yesterday.
Yesterday, also, the legal teams were required to report their filing of the affidavits in answer. Ramjattan opted not to file an affidavit.
On January 7 Granger’s lawyers are expected to begin their arguments in the case.