Granger to know fate in Budget Cuts case on January 13

By Kurt Campbell

[www.inewsguyana.com] – Justices James Bovell-Drakes and Rishi Persaudon on Thursday (December 19) during a sitting of the appeal in the Budget Cuts case made a decision to finally deliver their ruling inthe appeal on Monday, January 13.

The ruling will determine whether opposition Leader David Granger should be allowed to participate in the Budget Cuts case after being barred by Chief Justice Ian Chang.

Attorney- at-Law Basil Williams who is representing the Opposition Leader in the appeal and Attorney General Anil Nandlall had in the past both boasted of a win in the appeal and the case itself.

The two parties even during today’s sitting exuberated the same confidence in a win.

Nandlall along with Williams concluded their oral presentations before Justices James Bovell-Drakes and Rishi Persaud on December 10.

Nandlall had argued that that the Opposition Leader has no place to be present or take part in hearings. He said being a member of the National Assembly, the constitution prohibits any legal proceedings (whether civil or criminal) to be brought against the Leader of the Opposition.

He disagreed with the Opposition Leader’s claim that he has a right to waive his immunity, arguing that it is not immunity but a prohibition.

He told the Court that legislation has to be passed, amending the current law before this can happen. Nandlall also refuted the opposition’s claim that the Chief Justice’s ruling to exclude the Opposition Leader is a violation of principles of natural justice.

However, Williams is convinced that Nandlall’s argument has not placed any dent in his written submissions or previous arguments.

“If there is no right for the Leader of the Opposition, who is representing the majority of citizens to be heard then so let it be,” Williams said.  When questioned of the connotations of this statement, he said he was merely stating his confidence in a win in this case.

He reiterated his belief that the Opposition Leader must be permitted in the case. Williams said that the wording of the constitution makes it clear that Granger can waive his immunity.

Government had taken the Opposition to court following the slashing of the 2012 National Budget by $20.9 billion claiming it was unconstitutional.

On June 19, Chief Justice Ian Chang took the decision to strike out the Opposition Leader as well as Finance Minister, Dr. Ashni Singh as defendants in the 2012 Budget cuts case, on the basis that, as members of Parliament, the constitution provides immunity.

On July 18, 2012, in a preliminary ruling, the Chief Justice had stated that the National Assembly has no power under the Constitution to reduce the National Estimates when they are presented for approval. The ruling stated that in relation to the National Estimates, the National Assembly “performs a gate-keeping function, a power of disapproval is not contemplated by the Constitution.”