With the Judge hearing their case refusing to grant interim orders which would have among other things seen them being able to attend Parliament, the eight suspended Opposition MPs have moved to the Full Court.
Their application for an urgent hearing seeks a number of conservatory orders and injunctions— among them—that pending the outcome of their appeal, their suspension be stayed; as well as the Order by which they were suspended.
Pending the determination of their appeal, they said they want to be allowed to perform their duties as Members of the National Assembly until they have “been afforded the right to be heard before the Parliamentary Sessional Select Committee of Privileges.
They are also asking for costs and any further order the Court deems just to grant.
They argue that their absence from the National Assembly negatively affects the interest of the persons who elected them, and the strength of the Parliamentary Opposition and the general public interest.
They contend further, that the suspension will deny them their right, as Members of Parliament to scrutinize and approve government’s proposed budgetary expenditure and withdrawals from the Consolidated Fund.
Noting Vice President, Bharrat Jagdeo’s previous announcement of government’s intention to table amendments to electoral legislation at the end of the current parliamentary recess, the MPs say that their presence in the National Assembly is vital.
With the recess ending next Monday—October 10th—and the substantive challenge set for hearing before Justice Damone Younge on November 1st, the Appellants say they fear that the proposed legislation along with others will be tabled.
Against this background, they are pleading for the grant of the interim orders being sought; even as they argue that unless this is done, their fixed date application (FDA) and the notice of application (NoA) seeking interim relief would be rendered nugatory; as they would be excluded and or prohibited from participating in the deliberations before the National Assembly.
“In order to give effect to the Judiciary’s role as the ultimate guardian of the Constitution;” and arguing that to do otherwise would “be prejudicial to the Public Interest,” the suspended MPs are of the view that the Court ought to grant them the interim reliefs they are seeking.
Justice Younge has made no orders regarding the interim relief which the eight MPs were seeking pending the outcome of their substantive challenge. She has instead indicated her preference to first consider a number of other preliminary issues, before she makes any order regarding interim reliefs.
Background
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.
The MPs are being represented by Senior Counsel Roysdale Forde and attorney Selwyn Pieters.
