Speaker condemns court challenges to Parliament decisions

Amid the challenge by the government to the budget cuts, Speaker of the National Assembly Raphael Trotman today warned that continued recourse to the courts to challenge legitimate decisions of the National Assembly point to the growing danger of a constitutional crisis.

In strong statement today, the Speaker said:

Speaker Raphael Trotman
Speaker Raphael Trotman

“The continued resort to the High Court to question legitimate decisions of the National Assembly, points to the grave and gathering danger of a constitutional crisis, which has the potential to assume proportions, the like of which, the nation has never seen, and may be unable to handle.

Article 51 of the Constitution of Guyana states that “There shall be a Parliament of Guyana, which shall consist of the President and the National Assembly”. It is pellucid that the various branches of Government were meant to work in consonance, and not in conflict, with each other. These challenges, in my humble opinion, are as unnatural and unhealthy as they are unconstitutional, and will weaken the already fragile fabric of our constitutional democracy. Despite the Government’s seeming abhorrence to negotiations, it is still being suggested that these are the best means to resolving our political differences.

“This latest High Court action brings into question, and possible derision, the very constitutional pillars upon which our democracy is founded, as it strangely asserts that the timeless, sacred and sacrosanct function of the National Assembly to approve public spending is only perfunctory. I am confident that a properly constituted, informed, and unfettered Constitutional Court, will strike down the requests of the Claimant, the Hon. Attorney General.

“Because of the supremacy of the rule of law, and not of diktat, there will be no comments on the merits or demerits of individual allegations and statements made, and suffice to say that the latest action will have to be stoutly defended as this must be seen as the constitutional and public duty of every Member of Parliament.

“Whilst the matter ensues, and without prejudice to its outcome, the constituent parties of the National Assembly are urged to meet, speak, and sort out the issues that continue to beset the 10th Parliament.”

The Donald Ramotar administration yesterday moved to the court to challenge the recent cuts made to the national budget, arguing that the opposition-controlled National Assembly had no power to reduce or set public spending.

In an ex parte application filed in the High Court late Monday afternoon, Attorney General Anil Nandlall also requested that the court grant an interim order to allow Finance Minister Dr Ashni Singh to make advances from the Contingencies Fund to restore the originally budgeted estimates for the agencies affected by the cuts. The application warns that failure to do so would result in “constitutional chaos” and “jeopardizes the nation’s interest,” as it would result in the administration’s ability to govern and administer the affairs of the country.

The matter is returnable for tomorrow.

The latest challenge came after another by the government challenging the composition of parliamentary committees was thrown out by the court.