In light of the parliamentary sitting set for next Monday, lawyer for the eight suspended APNU+AFC MPs, made an application before High Court Judge Damone Younge, for them to be allowed to attend.
With a notice of application (NoA) from the State requesting additional time to file a defending affidavit, however, Justice Younge at a case management conference (CMC) yesterday morning, said that she was not at the current stage of the proceedings inclined to grant any interim orders.
Justice Younge before whom the Opposition MPs’ fixed date application (FDA) challenging their suspension will be heard, said she wants to first consider the NoA which is yet to be laid before her.
In the circumstances, the Judge set next Wednesday—August 8th—to hear and determine the NoA filed on behalf of the State by Attorney General Anil Nandlall SC who is seeking the extension of time.
The request for the MPs to attend the National Assembly on Monday was made during the in-chamber hearing by attorney Selwyn Pieters, one of their battery of lawyers.
In addition to their FDA, the MPs (the Applicants) have also filed a NoA before the Court in which they are seeking a number of conservatory orders pending the full outcome of their matter—among them—an injunction staying their suspension.
Among other things, they also want the Speaker and Clerk of the National Assembly to be prohibited from allowing any consideration of the report of the Parliamentary Sessional Select Committee of Privileges on the Privilege Motion.
In addition, in the interim they want their full membership to the National Assembly to be restored and to be allowed to perform their duties thereunder until they have been afforded the right to be heard before the Parliamentary Sessional Select Committee of Privileges.
Meanwhile, the AG’s NoA seeks to dispute the Court’s jurisdiction to hear and determine the FDA.
In addition to the AG, both the Speaker and Clerk of the House have also been listed as Respondents in the court action.
On July 28th, the suspended Parliamentarians Christopher Jones, Ganesh Mahipaul, Sherod Duncan, Natasha Singh-Lewis, Annette Ferguson, Vinceroy Jordan, Tabitha Sarabo-Halley and Maureen Philadelphia received their letters of suspension from the National Assembly informing them that they would not be receiving their salaries and other benefits during that period.
A week prior, the House voted to suspend Jones, Mahipaul, Duncan and Singh-Lewis for four consecutive sittings while Ferguson, Jordan, Sarabo-Halley and Philadelphia were suspended for six consecutive sittings. Their suspension came as a result of the failed bid on December 29th, 2021, to obstruct the passage of the Natural Resource Fund bill.
On that chaotic night, 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.
Minister of Parliamentary Affairs and Governance Gail Teixeira later moved a motion to refer the eight MPs to the Committee of Privileges. The Committee’s report, which recommended the suspension, was tabled in Parliament on July 21st and adopted around 1:30 am on July 22nd after the APNU+AFC MPs left the chambers.
The withholding of salaries from the suspended MPs can last months since the National Assembly meets quite infrequently.
Additionally, the National Assembly is expected to go into recess for two months following the August 8th, 2022 sitting.
The suspended MPs are asking the court to declare that the report of the Committee of Privileges on the Privilege 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.
Through their attorneys, the MPs are asking the court to issue an order allowing them to be reinstated in the National Assembly until they have been afforded the right to be heard before the Parliamentary Sessional Select Committee of Privileges on the motion; an order quashing the report laid in the House; a conservatory order or injunction suspending the effect, operation and or validity of the report pending the determination of the fixed date application.
