Acting Chief Justice Ian Chang has deferred his ruling on the court’s jurisdiction to hear the opposition PPP/C’s challenge to APNU+AFC technocrat ministers Winston Felix and Keith Scott sitting in the National Assembly.
The chief justice made the announcement at a hearing yesterday where he said that out of an abundance of caution, he will make his ruling on whether the applicant has standing and whether the court has jurisdiction, after he has heard the substantive matter.
The judge explained that since points from preliminary arguments touch and concern the substantive matter, a new practice will be applied which is to deal with the substantive and preliminary matters together and after that, he will rule on the issue of jurisdiction.
The matter has been adjourned to October 13 at 1.30 pm when the court will hear the commencement of substantive arguments from former attorney general Anil Nandlall who is appearing for the applicant, PPP member Desmond Morian.
Morian is seeking a declaration that Felix and Scott are not lawful members of the National Assembly and an order that they be prevented from sitting in the Assembly unless their names are extracted from the coalition’s list.
Felix, the Minister of Citizenship, and Scott, Minister in the Ministry of Communities, are sitting in the National Assembly as technocrat members of the Assembly, which the opposition contends is improper.
Attorney General (AG) Basil Williams, one of the respondents, has maintained his contention that the High Court has no jurisdiction to hear the matter, which was filed by motion and not via an election petition.
Nandlall has, however, argued that the PPP/C’s contention in the instant case has nothing to do with the substantive elections nor the “election” of Felix and Scott as members of the National Assembly, but rather with their “selection” as technocrat ministers.
On June 10, the first day of the sitting of the 11th Parliament, the PPP/C had called on Clerk of the National Assembly Sherlock Isaacs to not have the oath administered to them as their presence as technocrats violated several principles of the constitution.
The AG and the Speaker of the National Assembly have been named as respondents in this matter.
