Latest update March 28th, 2024 12:59 AM
Dec 16, 2018 News
It has definitely been a good year for the Attorney General’s chambers when it comes to litigation.
Recently, Attorney General and Minister of Legal Affairs boasted about the State winning several high profile cases. He even provided statistics to prove the successes.
According to Williams, in the Court of Appeal, in the case of Zulfikar Mustapha v The Attorney General, the Court upheld President David Granger’s decision to appoint retired Justice James Patterson to the office of Chairman of the Guyana Elections Commission, (GECOM) as constitutional.
He said that in the case of Bibi Safora Shaddick v the Minister of Communities and Chief Elections Officer, the High Court threw out the action which attempted to prevent the holding of the November 12, Local Government Elections (LGE).
Williams reminded that at the Caribbean Court of Justice (CCJ), in the case of the Attorney General of Guyana v Cedric Richardson, the Court upheld that Presidential term limits were valid.
The CCJ by a majority decision, allowed the appeal, set aside the orders of the courts below and declared that Section 2 of the Constitution (Amendment) (No 4) Act of 2000 was a constitutional amendment to Article 90 of the Constitution of Guyana having been validly enacted.
“We also won Guyana Stores Limited v the Attorney General of Guyana, the Revenue Authority and the Commissioner General of the Revenue Authority, where the CCJ held that there had been no violation of the Company’s constitutional right to protection from deprivation of property.
“It further held that the two per cent minimum corporation tax was not a loan because the State does not repay the taxpayer nor does the taxpayer have any right to repayment or redemption. Instead under section 10A the taxpayer gets a credit, if and when the stated conditions are met, and may then apply that credit in reduction of its tax liability but the taxpayer is never entitled to repayment,” Williams said.
Another, he noted, was the case of Sattie Basdeo v Guyana Sugar Corporation Limited, Noel Holder and the Attorney General of Guyana case, where the CCJ affirmed the position taken by then Acting Chief Justice, Ian Chang, who pointed out that “consultation does not mean agreement with the views expressed by a consultant or with those consulted”.
The AG chambers also won the Sharmella Inderjali v DPP (Marcus Bisram case) where the CCJ held that Bisram must stand trial for murder. The CCJ dismissed an application made on behalf of Bisram for an urgent hearing of a challenge to a local judge’s refusal to discontinue the charge against him.
Fourteen matters were filed by the Attorney General in the CCJ for the period 1st January to 3rd December, 2018.
THIS IDIOT TELLING GUYANA WE HAVE NO SAY IN THE 50% PROFIT SHARING AGREEMENT WE HAVE WITH EXXON.
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