Latest update April 24th, 2024 12:59 AM
Dec 18, 2011 News
Executive member of the Working People’s Alliance, Desmond Trotman, has filed a writ in the High Court to reverse the Former Presidents (Benefits and Other Facilities) Act 2009.
The affidavit was drawn by Attorney-At-Law, Christopher Ram, on behalf of Desmond Trotman. The Attorney General is sued as the representative of the State of the Co-operative Republic of Guyana.
The writ is seeking a declaration that the Former Presidents (Benefits and Other Facilities) Act 2009 which purports to amend Article 181 (2) of the Constitution without complying with the special legislative procedure laid down by Article 164 of the Constitution is unconstitutional, null and void.
The Former Presidents (Benefits and Other Facilities) Act was passed during the Ninth Parliament on April 30, 2009 by the National Assembly. It was assented to by the then President of Guyana, Bharrat Jagdeo in May 2009.
The writ states that sections of the Act violate Article 181 (2) of the Constitution in that they fall outside the scope, meaning and intendment of a pension and gratuity granted by the said article.
According to Article 181 (2) of the Constitution, “A person who has held the office of President shall receive such pension or, upon the expiration of his term of office, such gratuity as may be prescribed by Parliament. Any such pension or gratuity shall be a charge on the Consolidated Fund.”
Section 2 of the Former Presidents (Benefits and Other Facilities) Act 2009 provides several benefits for every person who having held the Office of the President and ceased to hold that office by virtue of the provisions of Article 92 of the Constitution or otherwise, during the remainder of his lifetime.
Some of the benefits highlighted in the writ are services of personal and household staff including an attendant and a gardener; provision of vehicles owned and maintained by the State; an annual vacation allowance equivalent to the cost of two first class return airfares provided on the same basis as that granted to serving members of the Judiciary; and a tax exemption status identical to that enjoyed by a serving President.
Section 3 further provides that “The Minister may, subject to negative resolution of the National Assembly, make regulations for giving effect to the provisions of this Act.”
The writ also requests a Conservatory Order preserving the status quo which existed prior to the date when the Act came into force until the hearing and determination of the proceedings.
According to the writ, the Act affects former President Bharrat Jagdeo who assented to the Act in May 2009 and demitted office on December 3, 2011.
No former President of Guyana is alive, save and except Prime Minister Samuel Hinds who is in receipt of a salary and allowances, and that the granting of a Conservatory Order will not deprive him of any benefits.
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