– despite string of judgements against State in High Court
A team of legal luminaries were appointed earlier this year to provide assistance to Attorney General Basil Williams, whose tasks included providing legal advice to and defending the State against litigation.
However, the Government has been handed a string of defeats in the High Court, with conservatory orders being granted against the State and decisions by the President being revoked after being deemed unconstitutional by the court. Williams, a Senior Counsel after ‘taking the silk’ in 2016, was named as a respondent on behalf of the State.
When questioned about the team and the Government’s dismal record in the courts, Minister of State Joseph Harmon asserted that the team is functioning. Harmon, an Attorney himself, expressed during a post-Cabinet press briefing that the team was meeting with the Attorney General.
“The legal team is an advisory team to the Attorney General. And therefore the advice which they give to the Attorney General is for him to internalise and use as necessary. So I believe that they are meeting regularly and that they have been giving advice.”
Red House
Last year, President David Granger gave the occupants of the Cheddi Jagan Research Centre (CJRC) 48 hours to vacate the premises, a directive which Opposition Leader Bharrat Jagdeo described as “unconscionable and vindictive”.
On August 9, the Opposition People’s Progress Party secured two conservatory High Court orders blocking the State from ejecting the CJRC from the property, once the official residence of former President, the late Dr Cheddi Jagan.
Acting Chief Justice Roxane George, SC, overruled every submission made by Attorney General Basil Williams, and refused his request that the CJRC case be dismissed.
The Chief Justice upheld submissions made by Attorney Anil Nandlall on behalf of the CJRC: that there are serious issues to be tried, and those cannot be determined at the interlocutory stage.
Land leases
In 2014, a number of farmers were granted 50-year leases for State land, located in the rear of Number 40 Village, West Coast Berbice, by then President Donald Ramotar.
In March of 2016, however, they received letters from the Mahaica Mahaicony Abary/Agriculture Development Authority (MMA/ADA) informing them that President David Granger cancelled their leases and that they must cease occupation and return the land to the MMA/ADA.
The applicants – Brian George and Tiffany Hubbard, Joylyn Nicholson, Gratien Nicholson, Vaughn Aaron and Herman Nicholson – sought justice in the courts. They were represented by Attorneys Nandlall and Manoj Narayan among others, while the State and the MMA/ADA was represented by Attorney General Williams.
On the same day as the Red House judgement, the Chief Justice ruled against the President’s revocation of rice farmers land leases, deeming it unconstitutional. She also ruled that the farmers are entitled to compensation from the State, amounting to the sum of $300,000.
Other declarations include a conservatory order being issued “prohibiting the servants and/or agents of MMA/ADA, or any other officer of the State from entering upon, remaining, occupying or in any manner whatsoever interfering with the applicant’s quiet and peaceful possession, occupation and enjoyment of the said lease unless compensation is paid which is to be determined by the parties.”
GECOM chairmanship
Since the retirement of former Guyana Elections Commission (GECOM) Chairman, Dr Steve Surujbally, the Commission has been without a head. As the Constitution requires the Opposition Leader to nominate persons to the post, Jagdeo submitted his first list of names in December last.
However the list was rejected by Granger on the grounds that Article 161 (2) of the Constitution prescribes that nominees must either be qualified to be a Judge or fit and proper. A second list submitted by the former President in April was treated similarly.
But in March, local businessman Marcel Gaskin moved to the High Court to challenge the constitutionality of the President’s reasoning. That judgement was handed down last month.
While she acknowledged that the President can determine who fits the bill of “fit and proper”, the Chief Justice overruled the President’s interpretation of the Constitution by finding that there is no particular preference for the appointment of persons within the Judiciary.
The team
The Council of Legal Advisors is made up of former Caribbean Court of Justice (CCJ) Judge, Justice Duke Pollard; former High Court Judge, Justice James Patterson; former Appeal Court Judge, Justice Claudette Singh; Professor Harold Lutchman; and Professor Harold James.
At the time the team was appointed, Harmon had disclosed that the functions of the Council would include providing legal analysis and advice on the development of the local justice sector, Government’s legislative agenda and litigation matters; providing input into legal policy design and engaging stakeholders with interest in the justice sector where appropriate.
In addition to this assistance which Williams would be getting to perform his duties, Harmon went on to say that the Council would be assisted in the execution of its mandate by support staff from the Legal Affairs Ministry.
