Leave has been granted to Attorney General Anil Nandlall SC to file a notice of application (NoA), disputing the Court’s jurisdiction to hear the application brought by the eight APNU+AFC MPs who are challenging their suspension.
High Court Judge Damone Younge, who is hearing the Opposition MPs’ fixed date application (FDA) challenging their suspension from the National Assembly, granted the State’s request during a hearing yesterday morning.
Additionally, the State has been granted leave to file an application which will contend that the FDA should be struck out.
Attorney Sase Gunraj who is representing the Speaker of the National Assembly—one of the listed Respondents in the action—has also been granted leave to file an application challenging the Court’s jurisdiction, as well as to have the House Speaker struck from the proceedings.
The Court has ordered the AG and Speaker to file their submissions no later than August 29th, while MPs (the Applicants) have to file their affidavit in answer by September 19th.
Arguments meanwhile; have been set for November 1st regarding the conservatory orders being sought by the suspended MPs.
Parliament which is now in recess, is set to resume in October.
Like last Thursday when the matter came up before her, Justice Younge made no orders regarding interim relief which the eight MPs were seeking pending the outcome of their substantive challenge.
Particularly, they petitioned the Court through their attorney Selwyn Pieters, that they be allowed to attend a sitting of the National Assembly which was held on Monday August 8th.
Justice Younge indicated, however, that she wants to first consider the NoAs, before she makes any order regarding interim reliefs.
In addition to their FDA, the MPs 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.
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.
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.
