The Opposition APNU+AFC today filed an action in the High Court against Minister of Tourism, Industry and Commerce Oneidge Walrond seeking a declaration that she was illegally sworn in as a MP.
In his application filed against Walrond, the Attorney General and the Speaker of the National Assembly, Opposition Chief Whip Christopher Jones is asking the court to grant among other things, declarations not only that Walrond is an illegal member of the 12th Parliament but that she was also unlawfully appointed a Minister of government.
Walrond had publicly stated that she had renounced her United States (US) citizenship since August 27th before taking the oath of office as an MP on September 1st and had subsequently received the Certificate of Loss of Nationality.
Her certificate of renunciation which was made public, however, showed otherwise. Records released by Parliament Office showed that Walrond was still a dual citizen at the time she was sworn-in as an MP.
Walrond’s Certificate of Loss of Renunciation, signed by the Consular Section Chief of the US Embassy in Georgetown bore an approval date of September 8th, while also indicating that Walrond voluntarily performed the act of expatriation to relinquish her US citizenship on September 4th—after she was already sworn as an MP.
Meanwhile, she took the oath of office of a Minister of Government on August 5th.
There is a constitutional prohibition on dual citizens being eligible for election as members of the Assembly, although Walrond’s status as a technocrat minister has seen legal arguments suggesting that the provision would not apply in her case. It has also been suggested that if the provision does apply to her, she could simply resign and take the oath of office again.
The Opposition is calling among other things for Walrond’s immediate resignation even as it asks the court to order the Speaker of the House to prevent her from sitting in and or participating in the business of the National Assembly.
Jones is also seeking any further order the court may deem just to grant as well as court costs.
The main parliamentary APNU+AFC Opposition is arguing that Walrond was fully aware that she was still a citizen of the US when she took the oath of office as an MP on September 1st.
Jones is arguing, too, that Walrond was not named on the List of Candidates presented by the now People’s Progressive Party/Civic government, in accordance with the Representation of the People Act Cap for the March 2nd, 2020 General and Regional Elections.
The applicant argues through his battery of attorneys led by Senior Counsel Roysdale Forde that Walrond’s appointments both as MP and Minister are in violation of Articles 103 (3), 105 and 155 (1) of the Constitution.
Article 103 (3) states, “Not more than four Ministers and two Parliamentary Secretaries shall be appointed by the President from among persons who are qualified to be elected as member of the National Assembly.”
Meanwhile, Article 105 provides “A Minister who was not an elected member of the Assembly at the time of his appointment shall (unless he becomes such a member) be a member of the Assembly by virtue of holding the office of Minister but shall not vote in the Assembly.”
And Article 155 (1)(a) stipulates “No person shall be qualified for election as a member of the National Assembly who is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state.”
The applicant argues that to date, Walrond continues to be a member of the National Assembly and a Minister of the government—both in breach of the Constitution even as he demands that there be full and complete compliance.
Given the furore over dual citizenship that had marred the 11th Parliament, Clerk of the National Assembly Sherlock Isaacs had urged MPs who had issues with dual citizenship to provide evidence of their eligibility to enter the new Parliament. This had been provided by several MPs.
Forde, an APNU+AFC MP who had called for the certificate to be made public had said that the dates stated on the certificate were clearly inconsistent with Walrond’s claim of having renounced her foreign nationality on time.
Against this background, he had expressed the belief that Walrond could not be considered a constitutional, valid or lawful member of the National Assembly. As a result, he had stated that he and the coalition would have been expecting House Speaker Manzoor Nadir to ensure that the constitution is upheld.
Previously contacted on the issue, Nadir had told Stabroek News that he was aware that Walrond uttered her renunciation on August 18th and that he had no reason to doubt her.
“…What I knew was that the Honourable Minister had said to me that she submitted her renunciation on 18th of August. I have no reason to not believe the Honourable Minister and I consider the renunciation of the 18th of August as acceptable to me,” he had said.
But Forde said that Nadir’s comments were “unfortunate and obviously inconsistent with the clear and true facts of the certificate,” the dates from which he said would indicate that she is neither an MP or government minister.
In a letter to the Clerk, Forde had charged that inaction by him, (Isaacs) and Nadir “in the face of the unconstitutional appointment” of Walrond was “unacceptable” and constituted a violation of their obligation to uphold the constitution.
