APNU member Desmond Trotman will be moving to withdraw his court challenge of the controversial Former President’s (Benefits and Other Facilities) Act so as to pave way for the smooth flow of an APNU motion in parliament to repeal the legislation.
Christopher Ram, Trotman’s attorney, told this newspaper last night that his client had contacted him and requested that the matter be withdrawn so that it would not become an obstacle to the motion. Ram is expected to move to the courts today concerning the matter.
The matter was on the agenda for yesterday’s sitting of Parliament but it was postponed to the next sitting with is slated for May 30. The motion is being moved by APNU Shadow Finance Minister Carl Greenidge.
In December, Trotman filed a writ challenging the constitutionality of the controversial benefits bill which was passed by the Jagdeo administration and signed into law in 2009. That law gives a series of benefits without caps to former President Bharrat Jagdeo and any other former President and has been widely condemned by the opposition and parts of civil society. It was one of the major lightning rods during the 2011 Elections Campaign.
Attorney General Anil Nandlall, on Wednesday, argued that the matter of the President’s pension was engaging the attention of the court and therefore any debate on it would have been sub judice. “The case is pending before the Constitutional Division of the High Court. The Standing Orders clearly state that one is prohibited from making reference in any debate to a matter that is sub judice,” he said. “This motion is a clear and palpable violation of the requisite Standing Orders. He said that he had written to the Speaker of the National Assembly Raphael Trotman outlining his contention and to urge him not to proceed with the motion until the hearing and determination of the action is filed.
The Speaker told Stabroek News last evening that he had only received the Attorney General’s letter yesterday and was considering the matter before responding. “I got a copy of the letter only today (yesterday) so I have not yet completed my consideration of the matter,” he said. Trotman indicated that there were some grey areas regarding the motion but indicated that he did not want to say anything premature. He indicated though that if there was no matter pending before the courts, then the mover of the motion was free to go ahead with the matter at the next sitting. Speaking about the court matter, Ram said that he had applied for a conservatory order but Acting Chief Justice Ian Chang did not grant it. A reason was never presented in writing although this was requested, Ram said.
The matter, Ram said, then followed the normal course and that subsequently a motion was prepared by the Solicitor General to have it struck out on the grounds of locus standi. Ram said that such a move was absurd given that Trotman was a national candidate at the last elections and was now a Member of Parliament. Further, Ram stated he was not in agreement with the parliamentary standing orders which prevented such a matter being discussed in the National Assembly, the highest law making body in the land, because a citizen had challenged the matter in court. He said that in such cases, matters could be tied up in court for years and the National Assembly would be unable to address them.
In the days following the announcement of the elections results, the opposition said that it intended to use its majority to review the benefits package for former presidents, to bring it in line with what is received by other former heads of state in the region.
On the campaign trail the APNU and the AFC, in particular, questioned the exorbitant nature of the benefits that then President Jagdeo would earn upon leaving office. The PPP/C government had objected to the matter being raised and accused the opposition parties of misrepresenting the matter to the public. The AFC estimated that Jagdeo’s pension and other benefits would cost the state $3.2M a month.
Section 2 of the Former Presidents (Benefits and other Facilities) Act, states that every person who having held the office of President and ceased to hold that office by virtue of the provisions of Article 92 of the Constitution or otherwise shall, during the remainder of his lifetime, be entitled to the following:
a. payment in respect of the expenses incurred in the provision and use of water, electricity and telephone services at the place of residence in Guyana;
b. services of personal and household staff including an attendant and a gardener;
c. services of clerical and technical staff, if requested;
d. free medical attendance and medical treatment or reimbursement of medical expenses incurred by him for the medical attendance or treatment of himself and the dependant members of his family;
e. full-time personal security and services of the Presidential Guard Service at the place of residence;
f. the provision of motor vehicles owned and maintained by the State;
g. toll free road transportation in Guyana;
h. an annual vacation allowance equivalent to the cost of two first class return airfares provided on the same basis as that granted to serving members of the Judiciary;
i. a tax exemption status identical to that enjoyed by a serving President.
Further, Section 3 of the Act says: The Minister may, subject to negative resolution of the National Assembly, make regulations for giving effect to the provisions of this Act.
