Days after the National Assembly voted to adopt the Committee of Privileges’ recommendation to suspend eight Opposition MPs over a tumultuous bid on December 29 last year to stop the passage of the Natural Resource Fund (NRF) bill, the suspended MPs are yet to be formally notified of the action.
On Thursday last, the House voted to suspend Opposition Chief Whip Christopher Jones, Ganesh Mahipaul, Sherod Duncan and Natasha Singh-Lewis for four consecutive sittings and Annette Ferguson, Vinceroy Jordan, Tabitha Sarabo-Halley and Maureen Philadelphia for six consecutive sittings.
The suspensions stem from a motion moved by Minister of Parliamentary Affairs and Governance Gail Teixeira to refer the eight MPs to the Committee of Privileges.
On the chaotic night of December 29, APNU+AFC parliamentarians were scattered throughout the parliamentary chamber chanting “no thieving bill must pass,” while blowing whistles and banging on the tables. The Speaker tried, unsuccessfully, to restore order to the House.
In the end, MP Ferguson grabbed the ceremonial mace and made a dash for the door but was tackled by the Sergeant-at-Arms and another parliamentary security officer. At this time other Opposition MPs rushed to her aid even as Singh was still on the floor making his presentation.
Later, a video surfaced of APNU+AFC MP Philadelphia hurling slurs at Parliamentary staffer Ean Mc Pherson.
Yesterday, when questioned by Stabroek News, Mahipaul said that the MPs are not sure if they are indeed suspended since neither the Speaker nor the Clerk has communicated any decision to them as yet.
“Well, first of all, I am not certain if we are suspended because as you know when the Speaker of the National Assembly decided to proceed on the debate surrounding the motion for the adoption of the Committee of Privileges report, we walked out because we could not have sat there and allowed that to go through knowing that a matter was filed in court,” he said.
On Wednesday last, in what seemed like a last-minute attempt to stop the National Assembly from debating and adopting the Committee of Privileges report, the eight suspended MPs filed a fixed date application with urgent notice in the High Court. The case is yet to be assigned to a judge for preliminary proceedings and was just filed with the Court’s Registry.
Yesterday, Mahipaul argued that the precedent was set by Speaker Manzoor Nadir when he refused to entertain the Opposition motions calling for the condemnation of the brutal killings of Joel and Isiah Henry and Haresh Singh and flaring by ExxonMobil offshore Guyana. At the time, Nadir denied the motions labelling them as sub judice.
In his decision on Thursday, Nadir argued that the Opposition merely filed legal proceedings and they were not yet assigned to a judge with a date for hearing. He said that the case is different from the precedent set by him in the House.
Mahipaul added that based on previous experiences, whenever an MP is suspended, they are written to almost immediately and informed of the action against them.
“So I really don’t know why is it that we were not written to as yet perhaps we are not suspended. I don’t know. But with reference to the court matter, I can tell you that we have made our submission and we are waiting for the matter to be called and our lawyers the honourable Roysdale Forde and Khemraj Ramjattatan I know they are well equipped to defend our position.
“But this is not just a matter that calls for all this legal argument. It’s a simple story. We are challenging the decision of the Committee of Privileges report on the basis of a breach of natural justice. I am not running away from the fact that the Parliament enjoys the privilege to make its own rules and to make its own regulations as was proffered by [Attorney General] Anil Nandlall. But whatever procedure or whatever action, the Parliament takes it must be within the confines of the Constitution. They cannot act outside of the Constitution and that is our challenge,” he said.
He is hoping that the court rules in their favour and they would be reinstated before the end of their suspension.
When contacted, Clerk of the National Assembly Sherlock Isaacs told Stabroek News that the suspension letters would be dispatched shortly to the MPs.
The MPs are asking the court to declare that the report of the Committee of Privileges on the Privileges Motion dated January 24, 2022, is unconstitutional, null, void and of no legal effect. They are also asking the court to determine that the report breached the principles of natural justice since they were not guaranteed their rights prescribed under Article 144 (8) of the Constitution.
