By Ariana Gordon
THE Court of Appeal has granted an interim stay of execution on the ruling handed down by former acting Chief Justice Ian Chang who had ruled that Minister of Citizenship Winston Felix and Minister within the Ministry of Social Protection Keith Scott cannot sit in the National Assembly as unelected members or technocrats because they were on the list of elected candidates for the coalition.Friday’s ruling allows the two ministers to sit as Members of Parliament (MPs) until the case is heard fully. Chancellor of the Judiciary Carl Singh heard the matter for the first time on Friday following a notice of appeal filed by Attorney General Basil Williams on February 24 against Chang’s ruling.
Williams also filed an ex parte summons for stay of execution to Chang’s order. It is the ex parte matter that was before Chancellor Singh. The Attorney General’s appeal on behalf of the government was made on four grounds: that the former Chief Justice’s decision cannot be supported in law and that he erred when he found that the two ministers are not lawful members of and cannot sit in the National Assembly of the 11th Parliament.
Williams argued that Chang misdirected himself in law when he ruled that persons who are on the successful list of candidates are elected and therefore cannot qualify under Article 105 to be non-elected MPs.
He contended that the former Chief Justice failed to take into consideration the provisions of the Representation of the People Act, Chapter 1:03 and the National Assembly (Validity of Elections Act), Chapter 1:04.
Former Attorney General Anil Nandlall who also was present for Friday’s hearing at the Court of Appeal was not served the application for a stay of execution. But Attorney General Williams said he felt that the matter was “sufficiently urgent,” given that Parliament resumed on Friday. He told reporters that Nandlall objected to his appeal and wrote the Chancellor on the matter. That letter was not served on Williams.
“He wanted to be heard, so he was heard. He wanted an application to get leave to file an answer in response. I made an application for an interim stay pending the determination of the application for stay. The interim stay has been granted,” Williams stated.
However, former Attorney General Nandlall, representing People’s Progressive Party/Civic (PPP/C) member Desmond Morian, told the Guyana Chronicle that he finds Chancellor Singh’s ruling “strange.”
“I opposed the application and I requested leave to file an affidavit in answer. I was granted that, however the Chancellor granted an interim stay. I find that very strange. Stays of execution are not granted ex parte without hearing the other side. They have not heard me,” he remarked following the 09:00hrs hearing.
In a statement to the media following Friday’s court hearing, Nandlall said “When the matter was called, I entered an appearance for the Respondent Desmond Morian and informed the court that I was not served with a copy of the application for the stay of execution. The Attorney General informed the court that he is making an ex parte application for the stay of execution. I indicated that I would like to be heard. The Chancellor ordered that I be served with the said application and a copy of the same was handed to me. This occurred at 09:10hrs. It was the first time that I was seeing the application.”
Nandlall opined that the orders granted by the former acting Chief Justice are declarations and as such cannot be stayed. “You don’t stay a declaration! They are not orders that are coercive… they are declaring a state of affairs.” He has five days to file an affidavit in answer.
The former acting Chief Justice’s ruling followed a constitutional motion filed by Morian last July, questioning the legality of the appointment of the two APNU+AFC ministers of government. The party was vocal about its concerns over the selection of Felix and Scott as technocrats to serve in the 11th Parliament, and claimed that the posts have been allocated in an unconstitutional manner.
The matter has been adjourned to March 14.