CHIEF Justice Ian Chang yesterday began hearing legal arguments into the application for granting of a Conservatory Order to stay all spending by Government on programmes not approved by the National Assembly in the 2014 budget. The legal challenge to Government’s spending was filed in November last year by attorneys for Brigadier (r’td) David Granger in his capacity as Leader of the Opposition.

The hearing, which was held in the Chief Justice’s chambers, saw arguments being forwarded from attorneys-at-law for the Leader of the Opposition, Rex McKay and Basil Williams, while Ashton Chase, attorney-at-law for the Attorney-General, began his submissions. He is expected to complete his submission tomorrow,when Attorney-General, Mr Anil Nandlall will begin his arguments on behalf of the Minister of Finance.
The application for the conservatory order was filed to prevent further spending by Government pending the outcome of the legal challenge to determine the constitutionality of spending on programmes not approved by the National Assembly in the 2014 budget.
Speaking to the Media at the end of the first day of the hearing, attorney-at-law for Leader of the Opposition, Basil Williams, explained that the application for the Conservatory Order was filed because the opposition feared that government could continue spending while the hearing into the legal challenge is being determined. If this were to happen he explained, and the case was won, the decision would have no effect as the money would have already been spent.
Attorney-General Anil Nandlall, addressing the media at the end of the first day’s hearing, reiterated government’s position that the Minister of Finance had acted in compliance with constitutional provisions that are well established. He said that the minister has followed constitutional provisions that are recognised as he has done in the three successive years. “We have two rulings … which indicate that the Minister of Finance has the discretion if he so desires to use money in the manner contemplated by the constitution and laws of Guyana.” Nandlall said.
He opined that the application seemed to have been an after-thought as it sought to halt spending when spending would have been completed or near complete. “These orders that are being sought are misconceived,” he said.
The Leaderof the Opposition is asking the courts to pronounce on the constitutionality of the combined Opposition’s slashing $37.5B from the 2014 Budget, as well as a declaration on the legality of the restoration of those monies by the Finance Minister.

(By Raymon Cummings)