A.G. submits preliminary objection untenable
DESPITE representations from lawyers representing Opposition members of Parliament that the Court did not have jurisdiction to hear the motion before it, Attorney General Anil Nandlall submitted yesterday that the preliminary objection was untenable. He was still speaking on his motion yesterday when the matter was adjourned to Tuesday afternoon of next week, when he will continue.
Because of a stand taken by the Opposition,  the A.G. sued the  Opposition and named David Granger, the leader of the list of candidates of  A Partnership for National Unity and Leader of the Opposition;  and Raphael Trotman , the leader of the list of candidates of the Alliance for Change and Speaker of the National Assembly, as Respondents.
The A.G., in a Motion, had sought:

(i) a declaration  that all Standing Committees and Special Select Committees  of the National Assembly of the 10th Parliament  of Guyana are to be constituted in proportion to the number  of seats  which each political party  was allocated  in  the said  National Assembly , based on the Constitution  of Guyana and the provisions  of the Elections Laws (Amendment)  Act No. 15 of 2000.

(ii)   a declaration that the composition of the Committee of Selection of the  10th Parliament  of Guyana, which was done by an election  of voting from the floor of the  National Assembly  on 10th  day  of February , 2012,  and by which  the said Committee was thereby composed as follows:
People’s Progresssive Party/Civic   – 4 members
A Partnership For National Unity   –  4 members
Alliance For Change – 1 member,
is in violation of the principle of  proportionality as contemplated  by Articles 60 and 160  of the Constitution  and the  provisions  of the Elections  Laws (Amendment)  Act  No. 15  of 2000 and accordingly , unconstitutional, unlawful, null void and of no effect.

(iii)  An  Order setting aside , revoking , cancelling or annulling the composition of the said Committee of Selection on the ground that it violates Articles 60 and 160 of the Constitution of Guyana and in breach  of the Provisions of the Election Laws (Amendment) Ac No. 15 of 2000.

(iv)   An Order directing the Respondents, jointly and severally,  by themselves , their servants/agents and each and every member  who has been or may be  extracted from their respective lists of candidates  to constitute  all Standing Committees  and Sessional Select Committees  and every other Committee  of the 10th  Parliament, whose composition are not expressly set out in the Constitution , with due regard  to and in compliance with the principle of proportionality   as contemplated by the letter and spirit of A 60 and 160  of the Constitution  of Guyana and the provisions of Election laws  (Amendment) Act No.  15 of 2000.
Among other things, the Attorney General said, “I fear that unless this Honourable Court intervenes and guides the National Assembly, the Opposition will continue to use their single seat majority to violate the spirit
and the letter of the Constitution  in constituting  the remaining Committees of the National Assembly, disproportionally.
“As the higher guardian of the Constitution and the branch of Government responsible  for ensuring  that the Legislature  acts intra vires and in compliance  with the Constitution, I humbly  pray that the reliefs set out in the Notice of Motion be granted.”
Yesterday, the Chief Justice’s Court was  crowded with lawyers who had  come to be part of the historic hearing.
The Government side was headed by Attorney General the Hon. Mohabir Anil Nandlall in association with Senior Counsel Ashton Chase, and with the Deputy Solicitor General Mr. Nareshwar Harnanan.
Senior Counsel Rex McKay headed the long list of lawyers representing A Partnership For National Unity, while Mr. Khemraj Ramjattan headed the team for Alliance for Change.