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Brad Jones Liverpool Jersey GPL
– AG says stance is “unfortunate”Government’s High Court challenge of the budget cuts has alarmed the National Assembly with theSpeaker, Raphael TrotmanHouse Speaker, Raphael Trotman, warning yesterday of a possible constitutional crisis, the likes of which Guyana may be unable to handle.The strongly-worded statement of the Speaker comes two days after the governing People’s Progressive Party-Civic (PPP/C) filed an ex-parte motion to have the court rule that the National Assembly has no powers to reduce or cut the allocations made in the budget to various agencies and bodies.“The continued resort to the High Court to question legitimate decisions of the National Assembly,Gil Jersey, points to the grave and gathering danger of a constitutional crisis, which has the potential to assume proportions,Mathieu Debuchy Jersey, the like of which, the nation has never seen, and may be unable to handle,” Trotman, an attorney by profession, said yesterday.Article 51 of the Constitution of Guyana stated, “There shall be a Parliament of Guyana, which shall consist of the President and the National Assembly”.“It is pellucid that the various branches of Government were meant to work in consonance, and not in conflict, with each other. These challenges, in my humble opinion,Ahmed Kantari Jersey, are as unnatural and unhealthy as they are unconstitutional, and will weaken the already fragile fabric of our constitutional democracy.”But last evening, Attorney General, Anil Nandlall, expressed “profound regret” at the Speaker’s statement.“The right to seek judicial redress against any perceived legal wrong or constitutional impropriety is one that is deeply rooted and cherished in our jurisprudence and legal system.? The rule of law which ensures that all are equal in the eyes of the law and therefore, are subject to the legal process, are all fundamental pillars upon which the edifice of our legal system rests.”He insisted that if there is any violation of the law or the Constitution, any one aggrieved must have unhindered access to the courts for redress.“It is in this context that the Executive’s recourse to legal proceedings must be viewed.? It is unfortunate, that the Honourable Speaker of the National Assembly perceives it through a different prism.The Executive Government’s simple contention is that the National Assembly has acted beyond, ultra vires and in breach of the Constitution, has usurped the functions of the Executive and has violated the doctrine of separation of powers upon which our Constitution is constructed and it is seeking legal redress which it is constitutionally and democratically entitled to do.”Trotman, the first opposition-nominated Speaker since the PPP/C took office in 1992, urged that despite the Government’s “seeming abhorrence to negotiations”, it is still being suggested that these are the best means to resolving our political differences.Strike downCabinet Secretary, Dr. Roger Luncheon“This latest High Court action brings into question, and possible derision, the very constitutional pillars upon which our democracy is founded, as it strangely asserts that the timeless, sacred and sacrosanct function of the National Assembly to approve public spending is only perfunctory. I am confident that a properly constituted, informed, and unfettered Constitutional Court, will strike down the requests of the claimant, the Hon. Attorney General.”“Because of the supremacy of the rule of law, and not of diktat, there will be no comments on the merits or demerits of individual allegations and statements made. Suffice to say that the latest action will have to be stoutly defended as this must be seen as the constitutional and public duty of every Member of Parliament.”He challenged the government and the opposition to work to resolve the issues.“Whilst the matter ensues, and without prejudice to its outcome, the constituent parties of the National Assembly are urged to meet, speak, and sort out the issues that continue to beset the 10th Parliament.”The court matter was brought by Cabinet Secretary, Dr. Roger Luncheon, who in documents argued that no power resides in the National Assembly,John Obi Mikel Jersey, either in the Committee of Supply, or at all, to move an amendment to reduce any aspect of the Annual Estimates of Revenues and Expenditure laid by the Minister of Finance. The National Assembly, he said, therefore has no power whatsoever, in proposing a new or different sum, or any sum at all.UsurpAccording to Dr Luncheon the two motions moved by AFC’s Khemraj Ramjattan and APNU’s Carl Greenidge, which sought to “reduce the Estimates of Revenues and Expe
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