Attorney General Anil Nandlall has filed a notice of motion in the Supreme Court of Judicature seeking to have the recent composition of Parliament’s Committee of Selection declared null and void.
The motion will immediately raise concerns about constitutional principles and vital doctrine of the separation of powers. In effect, the AG would be seeking to have the judiciary overturn a decision by the legislative branch.
The AG’s motion ratchets up the government’s fight against the opposition’s move to dominate all parliament committees. As a result of its control of the National Assembly, the opposition voted itself into the majority on the all-important Committee of Selection which then gets to decide on the composition of all other committees. The opposition has signalled that the committees should be composed along the following formula: PPP/C, 4; APNU, 4; AFC,1. The PPP/C is insisting that based on the standing orders the committee should be composed on the following formula: PPP/C, 5; APNU, 4 and AFC, 1.
In his motion lodged today, the AG cites Speaker of the National Assembly, Raphael Trotman and Leader of the Opposition David Granger as the respondents. The motion was lodged shortly before the Committee of Selection was to meet to compose the other committees. At the previous meeting, the PPP/C had refused to name its members to the Committee of Selection in protest at what it saw as an unjust formula.
Another meeting of the committee was scheduled last Friday but was cancelled at the last minute as the PPP/C said its members were busy. Another meeting was scheduled for March 12 but was brought forward to yesterday by Trotman as a result of criticism from the opposition.
Nandlall’s motion is seeking the following:
(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 upon the results of the National and General Elections held on November 28th, 2011, and in accordance with the provisions of Articles 60 and 160 of 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 Progressive 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 is violative of Articles 60 and 160 of the Constitution of Guyana and in breach of the provisions of the Election Laws (Amendment) Act 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 maybe extracted from their respective lists of candidates to constitute all Standing Committees and Sessional Select Committees and every other Committees 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 Articles 60 and 160 of the Constitution of Guyana and the provisions of Election Laws (Amendment) Act No. 15 of 2000.
(v) Costs.
(vi) Such further and/or other reliefs as the Court deems just in the circumstance.
The matter is fixed for hearing on March 16, 2012 before Chief Justice Ian Chang.
The case will further complicate already fractious relations between the government and the opposition in the wake of the November 28 general elections which produced a hung parliament. There have been few agreements between the two sides and a major challenge looms in the form of the budget which has to be presented and passed before the end of next month. Passage of the budget will require opposition support and APNU and the AFC have since complained that they have been shut out of the budget process.
