Gunraj forced to write Jones, Witter demanding payment

ATTORNEY-AT-LAW Sase Gunraj has written Opposition Chief Whip, Christopher Jones, and Trade Unionist Norris Witter, demanding payment of $1,250,000 each in court costs following their unsuccessful challenge to the passage of the Natural Resource Fund (NRF) Bill.

Justice Navindra Singh dismissed the challenge on June 19, stating that the absence of the Mace in the National Assembly during the bill’s passage did not make it unconstitutional or unlawful.

The court subsequently ordered Jones and Witter to separately pay $250,000 in costs to each of the respondents by July 19, 2023. However, no payment has been made yet.

Gunraj, representing several respondents including the Attorney-General, Minister of Finance, the Speaker, and Clerk of the National Assembly, sent a letter urging payment within 14 days. Otherwise legal action will be taken.

“The presence of the Mace in the National Assembly is not mandated by the Constitution or the Laws of Guyana and therefore its absence cannot result in the passage of the Bill being unconstitutional or unlawful,” Justice Singh had said in his ruling.

Attorney-General and Minister of Legal Affairs, Anil Nandlall, had previously announced his chambers’ intention to enforce the payment of costs owed by the Opposition as a result of multiple unsuccessful court cases.

“We will now have to enforce these cost orders. I now have a pile of them because it’s a series of cases that have been filed by the Opposition.”

Nandlall further stressed that when the court imposes costs as a consequence of the Opposition filing “frivolous and vexatious” matters, they must be paid.

In January 2023, eight opposition Members of Parliament (MPs) were ordered to pay 350,000 each to the State after losing a court case over their suspension. To date, the MPs have not paid any monies, the AG pointed out.

Some of the other failed court cases span from the Caribbean Court of Justice (CCJ) elections petition ruling to the most recent judgment delivered by Justice Singh.

Further, Chief Justice (CJ) Roxane George had dismissed two court challenges filed by the People’s National Congress Reform (PNC/R)/A Partnership for National Unity (APNU) aimed at blocking Local Government Elections which were held earlier this year.

The Opposition’s chief scrutineer Carol Smith-Joseph had been ordered to pay GECOM costs amounting to $250,000 on or before June 30, 2023.

Nandlall indicated that his staff has already begun the process of accumulating the necessary information to initiate the enforcement proceedings.

Elaborating on the available options to enforce the judgments, the Attorney General mentioned several approaches.

“The process can seize their personal assets. You can go after their movable and immovable assets; you can go to imprison them,” Nandlall explained.

He expressed confidence in establishing that the individuals in question possess the means to pay the outstanding amounts.

Additionally, Nandlall suggested the possibility of garnishing their monthly earnings through their employers as another means of collecting the owed sums.

Nandlall revealed that his office had previously sent letters of demand to the Opposition members who are now required to pay the costs.

With the mounting number of cost orders against them, the Attorney General signalled his intention to swiftly explore these enforcement options.