Latest update April 19th, 2024 12:59 AM
Aug 17, 2018 News
While Attorney General and Minister of Legal Affairs, Basil Williams has reportedly been avoiding service of a court order in relation to the Judicial Review Act, (JRA), discussions on the matter are scheduled to take place at the next cabinet meeting.
Minister of State, Joseph Harmon made this disclosure during his weekly press conference held at the Ministry of the Presidency boardroom yesterday.
Harmon noted that while the issue is one which lies in the hands of the AG, the matter will come up for discussions at a Cabinet meeting scheduled for next Tuesday.
The JRA was passed in Parliament in 2010 makes provision for citizens to challenge actions of State officials including members of the Government in Court.
Under the Act, the Attorney General and Minister of Legal Affairs is empowered to issue the publication of an order signed by him in the Official Gazette to bring Judicial Review into operation.
Williams has however been accused of pussyfooting on the issue. His failure to act has resulted in court action being brought against him by Attorney-at-law Anil Nandlall.
So far, both the High Court and Appeal Court have agreed with Nandlall’s call to make the act operational and have dispensed decisions towards the enactment of the JRA.
In her ruling Chief Justice (Ag) Roxane George had ordered the AG to make the act operational by July 31. However, the AG moved to the Court of Appeal to challenge the decision and stay the order.
His application for a stay of the order has since been thrown out, leaving him with no other choice than to bring the Act into operation.
Nandlall has already threatened further legal action against Williams – contempt of court proceedings – if he continues to refuse to bring the Act into operation.
However, the AG is adamant that he must have firsthand consultations on the matter.
Nandlall has since moved to serve Williams with Contempt of Court proceedings. However, the AG has avoided every attempt made to serve the court order.
Nandlall claimed that attempts to serve a copy of Chief Justice George’s Order upon Attorney General Basil Williams, compelling him to bring the Judicial Review Act into force by the 31st of July, 2018, have thus far proven futile.
He noted that last Wednesday the Marshall of the High Court attempted to serve him a copy of the Order at his Office at the Attorney General Chambers at 95 Carmichael Street, Georgetown but was informed by his Personal Assistant that the Attorney General cannot be served personally, by a Marshall with an Order of Court.
“A copy of the said Order was served by a Marshall on the Personal Assistant of the Attorney General at the AG Chambers. On Monday, a copy of the said Order was also served on a clerk at the Attorney General’s Chambers, as well. “
Additionally, Nandlall noted that the Solicitor General and two other lawyers from the Attorney General’s Office were present in Court when Chief Justice George made her Order.
The ruling of Chief George was carried on the front-page of at least three daily newspapers of Guyana, the day after it was made. The Attorney General appealed the ruling of Chief Justice George to the Court of Appeal and then made an application for a stay of execution of that order to the Court of Appeal. That application was dismissed last week Thursday.
“The Attorney General is the principal legal advisor to the Government of Guyana. He is also ex oficio, supposedly, the Head of the Guyana Bar. It is unfortunate that a person holding such Offices is demonstrating such gross disrespect for the judiciary and the rule of law, generally. It is impossible for one to forget the abuse and disrespect meted out to Justice Franklin Holder in open court not so long ago by the very Attorney General.
It is clear that the Attorney General believes that he is above the law so he is avoiding personal service. However, the law is not an ass. The arms of the law are very long.”
Nandlall said he has accumulated enough evidence in relation to service and the contempt of court proceedings will be filed tomorrow (today).
“I have outlined above sufficient evidence which will establish to any Court that the Attorney General is aware of the Order of Justice George and that he is avoiding personal service of the same,” he said.
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Apr 19, 2024
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