Latest update April 26th, 2024 12:59 AM
Apr 09, 2015 News
An order handed down in the High Court has further blocked the government from making any disbursements from the recently obtained US$32.16M Inter-American Development Bank (IDB) loan.
The matter was heard in the Chambers of Chief Justice Ian Chang at the Georgetown High Court, yesterday.
Following the proceeding, Attorneys representing A Partnership for National Unity (APNU)’s Shadow Minister of Finance, Carl Greenidge, confirmed that the injunction was granted to further prevent the government from making any disbursement from the sum obtained under the IBD loan agreement.
According to the lawyers, the order is enforced until further determination by the court.
Last month, the APNU Shadow Minister of Finance brought the legal challenge against Finance Minister, Dr Ashni Singh, following an announcement that Government signed loan agreements with President of the IDB, Luis Alberto Moreno, for US$32.16M.
The agreements comprise two loans targeting police and prison initiatives as well as the environmental management sectors. The amount totaled US$32.16M -– US$15M for the Citizen Security Strengthening Project, and US$17.16M in support of policy reforms in the sector.
However, with elections set for May 11, the Opposition has been warning that it would not honour any new transactions, and has also expressed concerns over the unfair use of state resources – including money – to do campaign work.
Greenidge subsequently filed the court action asking that the proceeds under the loan agreements signed between Dr. Singh and the IDB be paid into the Consolidated Fund.
The Opposition member based his argument on the fact that the monies could be spent without adequate due process from the National Assembly, given that the Parliament has been dissolved.
According to the writ which was filed last month, Greenidge asked that there be no withdrawal of the proceeds of the said Loan Agreements, except by an Appropriation Act as directed by Article 217 of the Constitution, which deals specifically with management of finances in the Consolidated Fund.
Greenidge specifically argues that the defendant or other Ministers designated by the President or any other member of the Executive of Guyana cannot lawfully spend or authorize the spending of monies received under the said loan agreements with IDB unless there is explicit authorization of the National Assembly.
According to the document, the applicant also requested that the monies remain in Consolidated Fund until a final determination of the matter. Last week, the Chief Justice granted attorneys representing the Finance Minister and Attorney General (AG) Anil Nandlall, is also named as a respondent in the case, time to file an affidavit in response to the action.
Yesterday, Justice Chang granted an additional 10 days for the lawyers, who requested more time to file the response. The matter has been adjourned until April 15.
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