Appeal Court reserves ruling in case of appointment of parliamentary secretaries  

Jan 27, 2023 Court Stories, Features / Columnists, News

Kaieteur News – The Court of Appeal has reserved its decision in the case filed by the government challenging Chief Justice, Roxane George –Wiltshire SC (ag), ruling which nullified the appointment of Sarah Browne and Vikash Ramkissoon as parliamentary secretaries.

Both Browne and Ramkissoon were candidates of the PPP in the last general elections, yet they were appointed parliamentary secretaries- who are non-elected members of the National Assembly.

Parliamentary Secretary Vikash Ramkissoon.

Parliamentary Secretary Sarah Browne.

During a sitting on Thursday, Justice of Appeal, Dawn Gregory, said the matter was reviewed; it was found that the Court of Appeal, at the time, affirmed the decision of the late Chief Justice Ian Chang, and in doing so, took into consideration not only the issue of jurisdiction, but also the substantive issues.

She said nevertheless the Court of Appeal is still to determine whether it is bound by its earlier decision in the case of the Attorney General v. Desmond Morian. Browne and Ramkissoon were appointed Parliamentary Secretaries to the Amerindian Affairs and Agriculture Ministries respectively.

In cancelling the pair’s appointment, acting Chief Justice George-Wiltshire had relied on Attorney General vs Morian, which was first decided by now late Chief Justice Ian Chang. Justice Chang’s ruling was appealed to the Court of Appeal, where Justices Gregory, Rishi Persaud, and Franklin Holder adjudicated and made a certain ruling. Given that she was one of the judges who heard the appeal against Justice Chang’s decision, Justice Gregory said she would revisit that decision to determine what position she and the court had taken.

Attorney General, Anil Nandlall, had moved to the Court of Appeal to “stay” or put on hold the April 21, 2021 decision of the Chief Justice.

Nandlall wants Browne and Ramkissoon to continue sitting in the National Assembly until the matter is determined, arguing that there could be no harm to Christopher Jones, the Opposition Chief Whip if this happens since the Parliamentary Secretaries do not have the right to vote in the House.

It was Jones, who on December 22, 2020 challenged the lawfulness of the appointment of the Parliamentary Secretaries. He argued that Browne and Ramkisson, by virtue of being candidates, were debarred from being in the National Assembly as Parliamentary Secretaries.

The Chief Justice had ruled that the positions are meant for so-called “technocrats” or those who were not candidates in the elections.

Jones’ case was that the Constitutional legal principles in relation to the appointment of Technocratic Ministers (those who are not political candidates in an election) are identical to the appointment of Parliamentary Secretaries.

Browne and Ramkisson were sworn in on September 15, 2020.

• Anil Nandlall, Attorney General, Chief Justice, Roxane George –Wiltshire SC (ag, Sarah Browne, Vikash Ramkissoon