The government has made good on its promise to appeal the decision handed down by Chief Justice (ag) Ian
Chang, which bars the Ministers Winston Felix and Keith Scott from sitting in the National Assembly as Technocrats.
On Wednesday last, Attorney General (AG) Basil Williams filed a Notice of Appeal against the whole decision. The appeal against the judgment was made on six grounds. The AG is contending that the decision cannot be supported in law. He said too that Justice Chang “fell into grave error of law and misdirected himself in law when he found that persons who are on the successful list of candidates are elected and therefore cannot qualify under Article 105 to be ‘non-elected’ members of parliament and who have not been chosen or selected from the list of candidates to be Members of Parliament are excluded from being selected by the President as persons who are qualified to be elected as members of the National Assembly”.
Further, Williams is contending that the CJ’s decision is fundamentally bad in law in that “the learned Chief Justice failed to take in to consideration the provisions of the Representation of the People Act, Chapter 1:03 and the National Assembly (Validity of Elections Act), Chapter 1:04”.
Williams said that Chang also misdirected himself in law when he “failed to take into account that Article 163 (4) (a) of the Constitution of Guyana empowered Parliament to make provisions with respect to the circumstances and manner in which and the conditions upon which proceedings for the determination of any question under this article may be instituted in the High Court which Parliament did by enacting the National Assembly (Validity of Elections) Act, Cap. 1:04”.
Another ground upon which the appeal is being filed is that Justice Chang, at the time of delivery of the decision, was functus officio.
Williams is saying as well that Chang’s decision is in breach of the rules of natural justice because he failed to give a hearing to the Attorney General before delivering his decision.
Yesterday the Ministry of Legal Affairs indicated that “An application for a stay of execution against the order of the former Chief Justice (ag) Mr. Ian Chang comes up for hearing February 26, 2016 (today) at 9:00am before Chancellor of the Judiciary Justice Carl Singh in the Court of Appeal.”
The PPP had objected to the appointment of Scott and Felix as Technocrat (expert or skilled in their field) Members of the National Assembly following last year’s General and Regional Elections.
The party, via a statement, had contended that “Articles 103 (3) and 105 of the Constitution and Laws pronouncing on the eligibility of appointment of Technocratic Ministers, do not confer Technocratic status on these persons already sworn in by President David Granger as Ministers”.
The matter was filed by PPP member, Desmond Morian.
Sep 22, 2018The 2018 Indigenous Heritage Games (IHG) was officially kicked off by Minister of Indigenous Peoples Affairs, Sydney Allicock yesterday morning at the at the Everest Cricket Club (ECC) Ground,...
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