Former Attorney General Anil Nandlall has criticised the gazetted approval of the appointments of state councils and boards by Cabinet, which he says is continuing to illegally meet.
In a post made on his Facebook page, Nandlall drew attention to the recent publication of the composition of the bodies, which the Official Gazette said has been approved by Cabinet.
According to the September 28, 2019 Gazette, Cabinet considered the memoranda submitted by the Ministers of Education and Health and approved the appointments of several Board of Directors for a period of two years with effect from September 1, 2019 to August 31, 2021.
The agencies whose membership has been published include the Allied Health Professions Council, the National Accreditation Council, the Council for Technical and Vocational Education and Training, the Central Board of Health and the Board of Directors of the National Library.
Nandlall strongly criticised the action, while stressing that there is no Cabinet and therefore there can be no meeting of Cabinet nor decision made by Cabinet. “All purported meetings of Cabinet and all purported decisions of Cabinet are unconstitutional, illegal, unlawful, null, void and of no effect,” he wrote.
He reminded that in her ruling on the combined no confidence cases Chief Justice (ag) Roxane George-Wiltshire stated “that Cabinet is not required to resign with all convenient speed, as the resignation under article 106(6) takes immediate effect following the defeat of the Government on a vote of confidence by a majority of all the elected members of the National Assembly.”
“In this case, Cabinet must be taken to have resigned with effect from the evening of December 21 2018, and all functions or duties in any law to be performed specifically by Cabinet must be ceased from that time,” the judge noted in her written ruling.
This ruling was as upheld by the Caribbean Court of Justice, both in its judgment delivered on the 18th day of June, as well as, the Consequential Orders delivered on the 12th July, 2019, Nandlall argues.
He stressed at the information in the Gazette is a representation of government’s arrogant defiance of the clear language of the constitution, the Chief Justice’s and the CCJ’s rulings, while noting that a second action has been filed in his name and is currently pending, seeking an injunction, restraining “this unit masquerading as cabinet, from meeting and functioning.”
The action, which was filed earlier this month, is set to be heard on Monday.
Nandlall has contended that the CCJ erred when it declined to issue orders compelling Cabinet to resign and instead trusted that its guidance, and the directions of the Constitution would be obeyed by members of government.
Attorney Kamal Ramkarran who represents Nandlall in the matter, has expressed the view in his submissions that if Cabinet does not resign, Article 106 (6) is rendered meaningless.
